Keep it short and factual: who you are, when and where the crash happened, and which vehicles were involved. Don't guess about fault or injuries, and don't agree to a recorded statement or sign a release until you understand it.
An insurance adjuster is the person who investigates a claim for an insurance company. The adjuster may be friendly. Their job is still to protect the company. A little preparation will help you stay calm on the call.
What can you safely say?
Stick to simple facts. These are suggestions, not legal rules.
"My name is ___ and my policy or claim number is ___."
"The crash happened on [date] at [place]."
"My vehicle is a [make, model]."
"The police report number is ___."
"I am getting medical care and I will share my records when I have them."
"I would like to review my notes and call you back."
You can also confirm basics such as the date and location, who was involved, and where the vehicles ended up.
What should you not say?
Virginia has a strict fault rule. Contributory negligence can stop a claim if your own carelessness helped cause the crash. Read our plain-English guide. Because of that rule, a remark that sounds polite can be used later.
Say
Don't say
"I'm still getting checked by a doctor."
"I'm fine."
"I'd like to look at the report first."
"It was probably my fault."
"I'll send my records when I have them."
"I think the pain is nothing."
"I'd like to call you back."
A guess about speed, distance or timing
"Can you send that in writing?"
"Yes, you can record this." (before you decide)
Do not apologize in a way that sounds like admitting blame. You can be kind without taking responsibility.
Do you have to give a recorded statement?
Some points to keep in mind:
Your own insurer is different from the other driver's insurer. Your policy may require you to cooperate with your own company. Read that section.
The other driver's insurer does not work for you.
You can ask for time. Say, "I'd like to think about that and call back."
If you do agree, answer only what is asked, and do not guess.
A lawyer can tell you what applies to your policy and your crash.
What about your own insurance company?
Your policy sets its own notice rules, so read yours. Call, give the basics, and ask how to start a claim. Your coverage may include medical expense coverage or uninsured motorist coverage. See who pays medical bills.
What can you say in common situations?
Here are short scripts you can adapt. They are suggestions, not legal rules. Read them aloud once before the call.
If the adjuster asks "Were you hurt?" Try: "I'm still being checked by a doctor, so I can't say yet."
If the adjuster asks "What happened?" Try: "The police report has the basic facts. I'd like to review it before I describe more."
If the adjuster asks for a recorded statement. Try: "I'm not ready to do that today. Can you send your request in writing?"
If the adjuster offers a payment. Try: "Thank you. I'd like to read it in writing and take some time."
If you feel rushed. Try: "I need to stop here. I'll call you back."
It is fine to end a call. You can be polite and still say no for now.
What about calls from the other driver's insurer versus your own?
The two calls are different. The other driver's insurer is looking at its own customer's exposure. Your own insurer is the company you hired through your policy, and your policy may spell out your duties to it, such as reporting the crash and cooperating. Read that section so you know what you agreed to.
If the other driver has no insurance or too little, your own policy may include uninsured or underinsured motorist coverage. See the UM and UIM guide. In that case you may be dealing with your own insurer about a claim, which is still an adjuster conversation. The same habits apply: stay factual, take notes and ask for things in writing.
What should you write down after every call?
Date and time
The adjuster's name, company and phone number
What they asked
What you said
Anything they promised or offered
The next step and any deadline they gave you
Keep the notes in one folder with the report, photos and bills.
When should you stop and get help?
Pause the call and think about getting help if:
you are asked for a recorded statement and you are not ready
you are asked to sign a release, medical authorization or settlement paper
the offer comes before you know how bad your injuries are
You do not have to go through this alone. Ask each firm how it charges.
Our picks for you. Firms that handle these cases, chosen by our editors. These are not rankings, and they are not promises about results.
1
Fishwick & Associates PLC
4.8 / 5 on Google Reviews
John P. Fishwick Jr.
Handles personal injury cases involving car accidents, truck accidents, catastrophic injuries, and wrongful death throughout Virginia.
Founder of Fishwick & Associates PLC, a Roanoke, Virginia law firm
Served as United States Attorney for the Western District of Virginia from 2015 to 2017
Practice areas: Car accident · Truck accident · Motorcycle accident · Bicycle accident · Brain injury · Personal injury · and more on the firm’s site
30 Franklin Rd SW Ste 700, Roanoke, VA 24011Directionsfishwickandassociates.com
Call (540) 345-5890Fees: no attorney fee unless the firm recovers compensation on your behalf
Pick 2
Marks & Harrison
Car accidents · Commercial truck accidents · Uber, Lyft, and ridesharing accidents · Motorcycle accidents · Bicycle accidents · Pedestrian accidents · and more on the firm’s site. Spanish spoken.
Personal Injury · Car Accident Attorneys · Truck Accidents · Pedestrian-Car Accident Lawyer · Motorcycle Accidents · Bike Accident · and more on the firm’s site
You may need to give basic facts, but you are not required to chat about fault or your injuries. Be polite, keep it brief, and write down the adjuster's name and the date. If you feel pressured, say you will call back. A lawyer can handle the contact if you prefer.
Can I refuse a recorded statement?
Your own policy may require you to cooperate with your own insurer, which is different from the other driver's insurer. Read your policy, and politely say you would like time before agreeing. Write down who asked and when, and ask a lawyer if you are unsure what your policy requires.
What if the adjuster offers money right away?
Take your time. An early offer may come before you know the full extent of your injuries or bills. Do not sign a release until you understand what you are giving up. Ask for the offer in writing, keep it in your folder, and consider asking a lawyer to look at it.
How long does an adjuster take to call back?
It varies. Keep a call log with dates, names and what was said. If you are waiting, follow up in writing and keep copies. Remember that your filing deadline keeps running while you wait, so check it with our free tool.
Last reviewed · Reviewed by the roanokecrashhelp editorial team