After a crash, the other driver’s insurer wants to limit what they pay. What you say can be used against you. Say the wrong thing? It may completely wipe out any money they would have paid you. Remember kids, the insurance companies are not your friend! (not even your own). Here is what not to say and why.
1. “I am sorry” or any admission of fault
Do not accept blame. Fault is decided by evidence, police reports, and applicable laws, not by off the cuff comments. An apology can be twisted into an admission.
Say this instead: “I prefer to speak through my attorney.”
2. “I feel fine” or “I am not hurt”
Injuries like whiplash, concussions, and soft tissue damage can appear hours or days later. Early statements that you are fine will be used to deny or reduce your claim.
Say this instead: “I am seeking medical evaluation.”
3. Detailed statements about the crash
Adjusters use leading questions to lock you into specifics about speed, distance, or distractions. Small inconsistencies can be used to attack your credibility.
Say this instead: “Please contact my attorney for any statements.”
4. “You can access all of my medical records”
Do not sign broad medical releases. The insurer may dig through unrelated history to argue your injuries were pre existing.
Say this instead: “I will provide records my attorney approves.”
5. “Yes, you can record this statement”
You are not required to give the other party a recorded statement. Recordings can be replayed, parsed, and used to highlight minor inconsistencies.
Say this instead: “No recorded statements. Please speak with my attorney.”
What to do right away
- Get medical care and follow your treatment plan.
- Report the crash to your own insurer as required by your policy.
- Keep photos, witness info, repair estimates, and all receipts.
- Direct the other insurer to your lawyer and do not negotiate alone.