San Francisco, CA asked in Car Accidents, Personal Injury and Insurance Defense for California

Q: Should I give a statement to other driver's insurer after a rear-end accident?

I was rear-ended about a week ago on I-5 during a traffic jam, which resulted in back pain. I have received medication and might need therapy, according to my doctor. The other driver's insurance company contacted me to give a statement about the accident. Should I provide the statement to them?

5 Lawyer Answers

A: No. Contact a personal injury attorney to discuss your potential claims and representation. The adjuster will make statements minimizing your injuries and attempt to get you to agree. You will damage your claim.

Gerald Barry Dorfman agrees with this answer

Samer  Habbas
PREMIUM
Samer Habbas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It’s generally not advisable to give a recorded statement to the other driver’s insurance company without first consulting an attorney. Insurance adjusters often look for ways to minimize their company’s liability and may use your words against you to reduce or deny your claim.

If you haven’t already, consider consulting a personal injury attorney to protect your rights and ensure you receive fair compensation for your injuries.

Adam Kocaj agrees with this answer

A: No. Definitely not.

If you think you might, don’t.

A: No, you should not give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Insurance adjusters may use your words against you to reduce or deny your claim. Instead, you can provide basic information (date, location of the accident) but avoid discussing your injuries or fault. If you have an attorney, direct the insurer to them.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It's understandable that you're unsure about giving a statement to the other driver's insurance company. However, providing a statement to them is generally not in your best interest at this stage, particularly since you're experiencing ongoing medical issues from the accident.

Insurance companies often try to obtain early statements hoping to minimize their liability or use your words against you later. Your back pain and potential need for therapy suggest this accident might have longer-term implications that aren't fully known yet. Speaking with their insurance company now could limit your ability to seek fair compensation for your medical expenses and other damages.

Your best course of action would be to consult with a personal injury lawyer before communicating with the other driver's insurance company. Most injury lawyers offer free initial consultations and can help protect your rights. In the meantime, focus on following your doctor's treatment recommendations and keep detailed records of all medical visits, expenses, and how the injury affects your daily life.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.