What Not to Say to an Insurance Adjuster After an Accident in Santa Monica

ByBNW TEAM

When an insurance adjuster asks you questions a day or two after the accident, your answers may go directly into the claim file. That file can later influence how the insurer evaluates your injuries and what it believes your claim is worth. If you’re unsure what to say or what to avoid saying to the adjuster, you may want to speak with a Santa Monica personal injury lawyer about how to respond more carefully. 

Why the Adjuster’s Friendly Tone Can Mislead You

An adjuster for the other driver’s insurance company works for that company, not for you. The company’s goal is to keep what it pays as low as it can. A warm, chatty tone makes it easy to share more than you meant to.

Your own insurer may call too, and your policy likely requires you to cooperate with that company. The other driver’s insurer has no such hold on you, so you can keep that call short and stick to the basics.

Don’t Admit Fault or Guess About the Crash

Saying “It was my fault” or “I didn’t see them” can follow you through the whole claim. Under Evidence Code § 1220, the other side can use your own out-of-court statements against you in a lawsuit. Even a polite “sorry” can later sound like you accepted blame.

Fault matters because California uses a shared-blame system. Under CACI No. 405, a jury lowers your damages by your share of the fault, so accepting 20 percent of the blame can cut your recovery by 20 percent. Let the police report and the evidence show who caused the crash.

Phrases That Can Shrink Your Claim

Some everyday phrases sound harmless in the moment. Adjusters note them in the claim file and may bring them up later to argue that your injuries are minor. Pausing before you answer gives you time to stick to facts you know for sure.

  • “I’m fine” – shock and adrenaline can hide pain for hours or days
  • “I think” or “maybe” – guesses about speed or distance can sound like admissions
  • “I was distracted” – any hint of blame can shrink what you recover
  • “I’ve been hurt before” – old injuries give the insurer a reason to discount new ones

Say No to Recorded Statements and Broad Medical Releases

Adjusters often ask to record your statement over the phone. California’s eavesdropping law, Penal Code § 632, generally requires the consent of everyone on a private call before anyone records it, so the adjuster must ask first. You can turn down the other driver’s insurer and offer to answer basic questions in writing instead.

The adjuster may also send a form that lets the insurer pull your full medical history. Under 10 CCR § 2695.7(d), insurers may not keep pushing for information that isn’t reasonably needed to settle a claim. You can ask to limit any release to the injuries from this crash and the dates of your treatment.

Don’t Agree to a Settlement on the First Call

A quick offer can feel like relief when bills start piling up. Saying yes before you finish treatment can leave you paying for care you didn’t know you would need. Many injury settlement forms include a waiver of Civil Code § 1542, which means you give up claims for harm you don’t yet know about.

You usually have time to think an offer over. Code of Civil Procedure § 335.1 gives most injured people in California two years to file a lawsuit. A crash involving a city vehicle, such as a Big Blue Bus, carries a shorter six-month claim deadline under Government Code § 911.2.

What You Can Safely Share With an Adjuster

You don’t have to go silent to protect your claim. A few plain facts keep the process moving without opening the door to arguments about blame or injuries. Keep each answer short, and end the call politely if the questions drift.

  • Your contact details – your name, phone number, and mailing address
  • Basic crash facts – the date, time, and street where it happened
  • Police report number – the number on your Santa Monica Police Department report
  • Vehicle and insurance – your car’s make, model, and insurance company

Your Words Are Part of the Evidence

Many people think of evidence as photos, medical records, and police reports. The things you say to an adjuster belong on that list too, because they stay in the file long after the call ends. Treating each conversation with the same care you would give a signed form keeps your claim built on facts. A short, polite call is never a mistake, and it leaves room to add details once you know the full extent of your injuries.