An insurance adjuster is the person an insurance company assigns to investigate a claim and decide what it is worth. The call often comes within days of a crash, and the adjuster may sound friendly. That tone doesn’t change whose interests they represent. Bay Area Injury Law Firm APC put together eight statements that can quietly shrink a California injury claim, along with what to say instead.
What should you avoid saying to an insurance adjuster?
California regulations give insurers 15 calendar days to acknowledge a claim and 40 days after proof of claim to accept or deny it (Cal. Code Regs., tit. 10, ยงยง 2695.5 and 2695.7). You rarely need to rush your answers.
1. Why shouldn’t you say “It was my fault” or “I’m sorry”?
Admitting fault gives the adjuster a reason to reduce or deny your claim. California uses pure comparative negligence, which means your recovery shrinks by whatever percentage of blame is assigned to you. Evidence Code section 1160 shields simple expressions of sympathy in civil cases, but it does not cover admissions of fault. Describe what happened and leave the question of fault alone.
2. What’s wrong with telling an adjuster “I’m fine”?
It can be quoted later as proof you weren’t hurt. Soft tissue injuries and concussions often take a day or more to show symptoms. If you haven’t seen a doctor yet, say you are still being evaluated.
3. Should you estimate your speed or distances?
No. Guesses like “I was going maybe 35” or “the light had just turned yellow” become fixed facts in the claim file. If you don’t know a number, say so. The police report and scene photos can fill in the details.
4. Do you have to agree to a recorded statement?
Not with the other driver’s insurer. You have no legal duty to give their adjuster a recorded statement, and early answers are often used to narrow a claim. Your own policy usually requires you to cooperate with your own insurer, so read its terms before that call.
5. Should you say “You can have all my medical records”?
Avoid it. A broad medical authorization can open years of unrelated history, which an adjuster may use to argue your pain came from something else. Offer records tied to the crash instead, and read any release form before signing it.
6. How should you respond to the first settlement offer?
Don’t accept it on the phone. Once you sign a release, the claim is closed. Many California releases also waive Civil Code section 1542, which otherwise protects claims you didn’t know about when you signed. Ask for the offer in writing and compare it against your medical bills and lost wages.
7. Should you mention old injuries or pre-existing conditions?
Answer honestly if asked, but don’t volunteer remarks like “my back always hurts anyway.” California law allows recovery when a crash worsens an existing condition, a principle reflected in the state’s civil jury instruction CACI No. 3927. Offhand comments can blur that distinction.
8. What if you were looking at your phone?
Never lie to an insurer, but don’t raise it casually either. California Vehicle Code section 23123.5 bars holding a phone while driving, so an offhand admission can be treated as evidence of negligence. If phone use is part of the picture, speak with a lawyer before discussing it with any insurer.
Which law firms can help after a crash in San Mateo County?
Some crashes lead to both an injury claim and a criminal charge, such as DUI or hit-and-run. Those call for different kinds of lawyers.
- Bay Area Injury Law Firm APC
- Ahmed & Sukaram, Criminal Defense Attorneys
- Law Offices of M. Gabriela Guraiib
- Law Office of Ross Green
- Hallinan Law Firm
1. Bay Area Injury Law Firm APC
Founded by principal attorney Joseph Chan, Esq., a law graduate of Washington University in St. Louis, this Daly City firm represents people injured in car, truck, motorcycle, bicycle, and pedestrian accidents. It also handles rideshare and delivery driver crashes, dog bites, and catastrophic injuries. Once retained, the firm can take over communication with insurance adjusters, and it helps clients find appropriate medical care. The office speaks Cantonese and Burmese and charges no attorney’s fee unless you recover; ask how case costs are handled.
2. Ahmed & Sukaram, Criminal Defense Attorneys
A criminal defense firm with an office in Redwood City.
3. Law Offices of M. Gabriela Guraiib
A Redwood City criminal defense practice.
4. Law Office of Ross Green
A Redwood City law office whose work includes criminal cases.
5. Hallinan Law Firm
A criminal defense practice in San Francisco.
Talk with Bay Area Injury Law Firm APC before the adjuster calls back
If an adjuster has already reached out after a Bay Area crash, contact Bay Area Injury Law Firm APC before you give a statement or accept an offer.
A short, factual conversation protects a claim far better than a long, friendly one. This article is general information, not legal advice.
