Understand Who You're Dealing With

When the other driver's insurance company calls you after an accident, the adjuster is not there to help you. Their job — for which they are professionally trained and evaluated — is to close your claim for as little money as possible. They may sound sympathetic, concerned, and helpful. They are not your advocate.

Insurance companies are multi-billion dollar corporations. State Farm, Allstate, GEICO, Farmers, and other major California insurers employ entire departments of claims professionals, supervisors, and attorneys whose only job is to minimize payouts. You deserve the same kind of professional representation on your side.

The First Call: What to Say and What Not to Say

✅ Safe to Say

  • Your name and contact information
  • The date, time, and location of the accident
  • The other driver's insurance information
  • "I am represented by counsel — please contact [attorney]"
  • "I am not prepared to discuss the details at this time"
  • Basic facts about vehicle damage

🚫 Never Say

  • "I'm fine" or "I'm not really hurt"
  • "I'm sorry" or "It was my fault"
  • "I didn't see them coming"
  • "I was going a little fast"
  • Anything speculative about what happened
  • Anything about prior injuries
  • Agreement to give a recorded statement

💡 The Safest Response: If the other driver's insurance company calls before you have an attorney, the safest statement you can make is: "I am not prepared to discuss the details of this claim at this time. I will be retaining counsel. Please contact me in writing going forward." Then call InjuryAllies at (323) 372-1216.

The Recorded Statement Trap

One of the most common and effective tactics used by insurance adjusters is requesting a recorded statement "to document what happened." They will often present it as routine and harmless — "we just need to close out the claim" or "this is standard procedure."

It is not routine, and it is not harmless. Here's what actually happens:

  1. The adjuster calls you within days of the accident, when you are still shaken, in pain, and potentially on medication
  2. They walk you through the incident with carefully crafted questions designed to elicit statements that undermine your claim
  3. "Would you say the other car came out of nowhere?" — answered "yes" suggests you weren't paying attention
  4. "How fast were you going before the impact?" — any number they can argue was too fast for conditions
  5. "Would you say your injuries are pretty minor so far?" — now you've minimized your own claim on record

You are not legally required to give a recorded statement to the adverse driver's insurance company. Your duty to cooperate runs to your own insurer, not theirs. A represented plaintiff's attorney handles all such communications, and no recorded statements are given without attorney preparation and often presence.

Six Insurance Adjuster Tactics You Need to Recognize

Tactic 1: The Quick Settlement Offer

A settlement offer within days or weeks of your accident is almost always a lowball. They want you to accept before you know the full extent of your injuries, before you've finished treatment, and before you've consulted an attorney. Once you sign a release, the claim is permanently closed — no matter what injuries emerge later.

Tactic 2: The "Independent" Medical Examination

The defense's Independent Medical Examination (IME) is anything but independent. These are typically performed by physicians who regularly work for insurance companies and who have a financial incentive to minimize injury findings. California courts have recognized the conflicts inherent in IME testimony. Your own treating physicians' opinions generally carry more weight with juries.

Tactic 3: Disputing Medical Necessity

After reviewing your medical records, adjusters routinely claim that some or all of your treatment was "not medically necessary," "excessive," or "not causally related to the accident." They use in-house or retained medical reviewers to reach these conclusions. Your treating physicians' opinions and records are critical to countering this tactic.

Tactic 4: The Pre-Existing Condition Argument

If you've ever had any prior injury, illness, or condition affecting the same body part, the insurer will argue your current injuries were pre-existing. California law (the "eggshell plaintiff" doctrine) holds that a defendant takes a plaintiff as they find them — even a pre-existing condition can be aggravated by an accident, and that aggravation is compensable. But you need medical evidence and an attorney to make this argument effectively.

Tactic 5: Social Media Surveillance

Insurers monitor public social media accounts and sometimes hire investigators to conduct physical surveillance of claimants. A single photo of you carrying groceries, attending a party, or playing with your children — even if your actual pain level was high that day — can be used to undermine your pain and suffering claim. Lock down your social media and discuss nothing about your case online.

Tactic 6: Claim Delays and Silence

California Insurance Code §790.03(h) prohibits unreasonable delays in processing and paying claims. However, minor procedural delays can stretch claim processing for weeks or months, wearing down claimants into accepting less. If you're experiencing unexplained delays, your attorney can file a bad faith complaint with the California Department of Insurance.

California Bad Faith Insurance Law

California has strong bad faith insurance protections. Under the California Insurance Code §790.03 and the implied Covenant of Good Faith and Fair Dealing, insurers who act unreasonably can face:

Bad faith claims apply most clearly when an insurer denies a legitimate claim without proper investigation, makes unreasonably low offers when liability is clear, or refuses to settle a claim within policy limits when it should, exposing its own insured to excess judgment.

⚠️ When to Report to the California Department of Insurance: If you believe your own insurer is acting in bad faith — unreasonably delaying your claim, denying it without explanation, or offering far below the claim's value — you can file a complaint with the California Department of Insurance (CDI) at insurance.ca.gov. Your attorney can also send a formal bad faith demand letter, which often prompts more reasonable insurer behavior.

Your Own Insurance Company: Cooperation and Rights

Your relationship with your own insurer is different. Under your own policy, you likely have a duty to cooperate with your insurer's investigation. This means responding to reasonable requests for information, submitting to an examination under oath (EUO) if required, and providing access to relevant records.

However, "cooperate" does not mean "surrender." Your insurer also owes you good faith duties, cannot unreasonably deny coverage, and must handle UM/UIM claims in the same good faith as liability claims. Many accident victims unknowingly hurt their UM claims by giving damaging statements to their own insurer without attorney guidance.

InjuryAllies represents you in dealings with all insurers — including your own — to ensure you're not compromising your own claim.

When to Hire a Personal Injury Lawyer

The answer is simple: before you say anything substantive to any insurance company. The best time to call an attorney is immediately after getting medical attention. Specific situations where attorney representation is essential:

Don't Let the Insurance Company Win By Default

InjuryAllies handles all communications with every insurance company involved in your claim. You don't talk to them — we do. Free consultation, no fee unless we win.

✆ (323) 372-1216 — Protect Your Rights Contact Online

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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every case is different. Past results do not guarantee similar outcomes. InjuryAllies is a California-licensed law firm. California Bar Rule 7.1 — no guarantees of specific results.