Should you talk to the other driver's insurance adjuster?

By Tyler Vance, California attorney · Updated 2026-09-28 · 3 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

After a crash, the other driver's insurance company often calls quickly. The adjuster may be friendly and helpful-sounding, but their job is to evaluate and resolve the claim for their company, not to look out for you. Here's how I suggest handling that call. This is general information, not advice about your case.

What's reasonable to share

• your name and contact information,
• the date, time, and location of the accident,
• your vehicle information and your insurer's name, and
• where your car is, so they can inspect it for a property damage claim.

What I suggest holding back, at least at first

• A recorded statement. In my view, you generally aren't required to give the other driver's insurer a recorded statement, and I usually recommend declining until you've gotten advice. Your own policy may require you to cooperate with your insurer, which is different.
• Guesses about fault or speed. Stick to facts you know.
• Describing your injuries as "fine" or "minor." Many injuries become clearer over days or weeks. It's fine to say you're getting medical care.
• Broad medical authorizations. Don't sign a blanket release of all your medical records.
• Quick settlements. Don't accept a settlement or sign a release before you understand your injuries. A release usually ends the claim for good.

Your rights in the claims process

Insurance Code section 790.03(h) lists unfair claims settlement practices when an insurer commits them knowingly or often enough to show a general business practice. Examples include:

• misrepresenting pertinent facts or policy provisions,
• not attempting in good faith to effectuate prompt, fair, and equitable settlements when liability has become reasonably clear,
• directly advising a claimant not to get a lawyer, and
• misleading a claimant about the statute of limitations.

Keep notes of every call: the date, the adjuster's name, and what was said. Confirm important points by email.

Deadlines are yours to track

Talking to an adjuster doesn't stop the clock. The general deadline for a personal injury lawsuit is two years (Code of Civil Procedure section 335.1), and claims involving public entities can require a written claim within six months (Government Code section 911.2).

If the other driver has little or no insurance

Your own uninsured/underinsured motorist coverage may apply. Don't settle with the other driver's insurer without your own insurer's written consent if you may need UM/UIM (Insurance Code section 11580.2(c)(3)). See my UM/UIM guide.

How I can help

Once you have a lawyer, the adjuster deals with the lawyer instead of you. I handle injury cases on a contingency fee: no attorney's fee unless there is a recovery. Case costs may still apply, and every case is different. No outcome is guaranteed.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.