Legal Guides · Updated October 2026
Should you talk to the insurance adjuster after an accident? You will need to deal with insurance companies, but what you say, and to whom, can affect your claim. Here is how to handle adjusters, what to avoid, and when to let a lawyer take over.

On this page: The adjuster’s role · Your insurer · The other insurer · Common tactics · When to get a lawyer · FAQ
Understand the Adjuster’s Role
An insurance adjuster evaluates claims for the insurance company. Adjusters are often professional and friendly, but the at-fault driver’s adjuster works for the insurer, not for you, and is trained to resolve claims for as little as the company can justify. Knowing that is not cynical; it is simply the starting point for protecting your claim.
There are usually two different adjusters in a car accident: one from your own insurance company, which you have a contractual duty to cooperate with, and one from the other driver’s insurance company, which you have no obligation to help.
Talking to Your Own Insurance Company
Report the accident to your insurer promptly, as your policy requires. Give accurate, basic facts: the date, time, location, vehicles and people involved. If you are making a claim under your own uninsured or underinsured motorist coverage, your insurer becomes your adversary on that claim, and the same caution that applies to the other driver’s insurer applies.
California law requires insurers to handle claims fairly and promptly, and an insurer that unreasonably delays or denies a valid claim under its own policy can face liability for bad faith.
Talking to the Other Driver’s Insurer
What you can share
You can confirm your name, contact information, and the date and location of the accident. You can tell the adjuster that you were injured and are receiving treatment.
What to avoid
- Recorded statements. You are not required to give one. Questions are often designed to lock you into details before you know the full facts, or to get you to minimize your injuries.
- Guessing. Do not estimate speeds, distances or times you are unsure of.
- Downplaying your injuries. “I’m fine” or “just a little sore” can be quoted back later, even if your condition worsens.
- Apologizing or discussing fault. Let the evidence decide fault.
- Signing broad medical authorizations. These can give the insurer access to your entire medical history, which may be used to blame your injuries on prior conditions.
Common Adjuster Tactics
- The quick offer. An early settlement offer, sometimes before you have finished treatment. Once you sign a release, you cannot reopen the claim if your injuries turn out to be worse.
- Disputing treatment. Arguing that therapy was excessive, that a gap in treatment means you recovered, or that your injuries were pre-existing.
- Shifting blame. Assigning you a share of fault to reduce what they pay under California’s comparative fault rule.
- Delay. Slow responses that pressure people with mounting bills to accept less.
- Social media review. Using posts and photos to argue you are not really hurt.
Property Damage Claims Are Different
Vehicle repair and rental car claims are usually handled separately from injury claims, and resolving your property damage claim generally does not settle your injury claim. Read anything you sign carefully to make sure it is limited to property damage.
When to Let a Lawyer Handle the Insurer
Once you hire a lawyer, the insurance company must communicate through your attorney rather than with you directly. That is often the most practical benefit of representation: you focus on your recovery, and we handle the adjusters. Consider calling a lawyer if you were injured, if the adjuster disputes fault, if you are pressured to give a statement or accept an offer, or if a commercial or rideshare insurer is involved.
Related guides: What to Do After a Car Accident in California and How Much Is My Personal Injury Case Worth? See also car accidents and personal injury.
Frequently Asked Questions
Do I have to give a recorded statement to the other driver’s insurance company?
No. You have no obligation to give the at-fault driver’s insurer a recorded statement. It is usually wise to speak with a lawyer first.
Should I accept the first settlement offer?
Usually not before you understand the full extent of your injuries. Early offers often do not account for future treatment, and a signed release ends your claim.
Can the insurance company get my medical records?
Only with your authorization or through legal process in a lawsuit. Avoid signing a broad authorization; any release should be limited to relevant treatment.
What happens after I hire a lawyer?
The insurer must deal with your lawyer instead of contacting you directly. Your lawyer handles communications, evidence and negotiations.
Does settling my car repair claim settle my injury claim?
Generally no, if the release is limited to property damage. Read every document carefully before signing, or have a lawyer review it.
About the Attorneys
Smith Trial Group represents injured people and employees throughout Southern California from its Newport Beach office. Founding attorney Cardon Smith clerked for a United States District Judge and litigated for Fortune 500 companies before founding the firm in 2015. Meet our attorneys or see our case results.
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This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.


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