Talking to the Other Driver’s Insurance Adjuster

By The Felicetti Law Firm · November 6, 2026

A day or two after a crash, your phone rings. It’s an adjuster from the other driver’s insurance company, friendly and ready to “get this wrapped up.” What you say on that call, and what you sign afterward, can affect your claim for months to come.

Key points

Your own policy usually requires you to report the crash and cooperate with your insurer. The other driver’s insurer is in a different position.
As a general rule, no law requires you to give the other driver’s insurer a recorded statement.
Don’t guess about fault or injuries, and don’t sign a broad medical authorization or a release without understanding it.
A signed release usually ends your claim for good.
Florida and New York use no-fault (PIP) rules for injuries. Georgia does not, so who was at fault matters from the start.

Your insurer and the other driver’s insurer are not the same

Your auto policy is a contract, and it comes with duties. Consumer guides from the National Association of Insurance Commissioners (NAIC) and the Georgia insurance commissioner tell drivers to notify their own insurer as soon as possible after a crash, even when someone else caused it, and to cooperate with the adjuster’s investigation. The California Department of Insurance notes that your own insurer may take a written or recorded statement from you.

The other driver’s insurance company is different. You have no contract with it, and its adjuster works for the company that insures the other driver, not for you.

Recorded statements: you can usually say no

The other driver’s adjuster will often ask to record the conversation “for accuracy.” As legal publisher Nolo explains, you are typically under no legal obligation to talk to the other driver’s insurer, and no law requires you to give it a recorded statement.

If you’re making a claim against that insurer, you will eventually need to give it information that supports your claim, such as bills and records of your crash-related treatment. You can choose how and when to do that, though, and you can do it in writing. A simple, polite answer works:

“I’m not giving a recorded statement at this time.”
“Please send your questions to me in writing.”
“I’m still getting medical care and I’m not ready to discuss my injuries.”

It’s fine to confirm basic facts like your name, contact information and the date and place of the crash.

Don’t guess about fault or your injuries

Adjusters often ask casual questions: “How fast were you going?” “Did you see him before he turned?” “How are you feeling?” An honest “I’m fine, thanks” or “I guess I didn’t see him” can later be presented as an admission.

Fault. Don’t apologize, estimate speeds or distances you aren’t sure of, or speculate about what happened. Georgia’s insurance office advises drivers not to make any oral or written statements about responsibility or blame. This matters: in Florida, for example, a person found more than 50 percent at fault for their own harm generally cannot recover damages in a negligence case.
Injuries. You may not know the full extent of your injuries for days or weeks, especially before you’ve seen a doctor. Avoid saying you’re “fine” or “not really hurt.” If you don’t know, say so.

“I don’t know” is a complete and honest answer.

Medical authorizations and broad records releases

The other driver’s insurer may mail you a form authorizing it to collect your medical records. Read it carefully. Some authorizations are broad enough to cover your entire medical history, not just care related to the crash, which can expose private health information that has nothing to do with your claim.

A safer approach is to request your records yourself, review them, and send only the records that relate to your crash injuries. Nolo also notes that in a third-party claim you can generally decline the other insurer’s request that you see a doctor of its choosing, although the insurer can seek an exam through the court process if a lawsuit is filed.

Your own insurer is different. In New York, for example, the state’s no-fault regulation lets your insurer require you to sign an authorization for medical records, submit to an examination under oath, and attend medical exams as a condition of receiving no-fault benefits.

Early settlement offers and signing a release

Sometimes the other insurer offers a check quickly, before you’ve finished treatment. It can be tempting when bills are piling up, but to get paid, you will usually be asked to sign a release. A release generally ends your claim for good, so if your injuries turn out to be worse than you thought, you usually can’t go back and ask for more.

Before you sign anything:

Make sure you know the full extent of your injuries and expected care.
Read every page, especially what claims and people the release covers.
Check with your own insurer if it has already paid you. Florida’s Department of Highway Safety and Motor Vehicles warns that if you sign a release, you could be liable for money your own insurance company paid you.

You do not have to accept an offer you don’t think is fair.

Florida, New York and Georgia: why your state matters

Florida and New York are no-fault states, meaning you first turn to your own insurer for injury benefits regardless of who caused the crash. You can step outside the no-fault system and claim against the at-fault driver for pain and suffering only if your injury meets the state’s definition of a serious injury.

In Florida, personal injury protection (PIP) pays 80 percent of reasonable, medically necessary expenses up to $10,000, but only if you receive initial care within 14 days of the crash. If a provider decides you did not have an emergency medical condition, medical benefits are limited to $2,500. Florida law also lets your insurer require an examination under oath as a condition of receiving PIP benefits.
In New York, no-fault benefits cover up to $50,000 per person in basic economic loss. Written notice of the claim is generally due within 30 days of the crash unless you can show a clear and reasonable justification for the delay.

Georgia repealed its no-fault law in 1991. Injury claims there generally run against the at-fault driver’s liability insurance, so you may hear from the other driver’s adjuster very early, and how fault is described matters from the first conversation.

Keep notes, and know when to call a lawyer

Start a simple claim file. For every call, write down the date, the adjuster’s name, company, phone number and claim number, and what was said. Keep copies of every letter, email, bill and form. Putting requests in writing also helps create a clear record.

It’s a good time to talk to a personal injury lawyer if:

you were hurt, especially if you needed emergency care or ongoing treatment;
the other insurer is pushing for a recorded statement, a broad authorization or a quick release;
fault is disputed, or more than one vehicle or insurer is involved; or
you’re unsure how no-fault, PIP or deadlines apply in your state.

Once you have a lawyer, you can simply tell adjusters to contact your attorney.

Learn more

Read about how we help people after a crash on our car accident lawyer page, or contact us with questions about a call or letter from an insurance adjuster.

Hurt in an accident? Before you give a statement or sign a release, talk with our team about your options. Call (800) 333-1988 any time, day or night, for a free consultation, or send us a message.

Sources

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different; speak with a lawyer about your situation.

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