December 5, 2020

The Reyes Firm Insurance Adjuster Calling After a Crash? Do not give a recorded statement before you understand your rights. Had a bad day? Contact Us Now Should You Talk to an Insurance Adjuster After a Car Accident in Florida? After a crash, the phone may ring before you have even had time to process what happened. The caller may say they are an insurance adjuster and only want to “get your side of the story.” They may sound friendly. They may say the call is routine. They may ask if they can record you. Be careful. Knowing what not to say to an insurance adjuster after a car accident in Florida can protect your injury claim, your right to compensation, and your ability to respond if the insurance company later tries to blame you. The safest answer is this: you can report basic facts, but you should not provide a detailed statement, a recorded statement, a medical opinion, an apology, or an explanation of fault before speaking with a Florida personal injury attorney. This is especially important in Tampa and across Hillsborough County, where crash victims may be dealing with busy roads, commercial vehicles, uninsured drivers, rideshare vehicles, and multiple insurance companies. Why Does the Insurance Adjuster Call You So Fast After a Crash? Insurance adjusters often contact crash victims quickly because early statements can be valuable to the insurance company. Right after a crash, you may be scared, in pain, confused, or still trying to understand what happened. You may not know the full extent of your injuries yet. You may not have seen the police report, photos, witness statements, or medical records. That creates risk. An adjuster may listen for statements such as: “I’m fine.” “I didn’t see them.” “I’m sorry.” “It happened so fast.” “I might have been going a little over the speed limit.” “I think I’m okay.” “I just want this to be over.” Even if you are only trying to be polite, those statements can later be used to question your injuries, your credibility, or your share of fault. Many serious injuries do not fully appear right away. Back injuries, neck injuries, concussions, herniated discs, and soft tissue injuries can become more painful in the days after a crash. That is why it is safer to avoid giving injury details until you have been medically evaluated. ⚠️ Important Florida Deadline: For many negligence claims in Florida, the statute of limitations is now two years. Florida Statute § 95.11(5)(a) lists a two-year deadline for an action founded on negligence. This deadline is separate from your insurance claim. Waiting too long can put your right to file a lawsuit at risk. Speak with a Florida personal injury attorney as soon as possible after a crash. What Is the Difference Between Your Insurance Adjuster and the Other Driver’s Adjuster? Not all insurance adjusters have the same role. After a Florida car accident, you may hear from two different types of adjusters. First-party insurance adjuster A first-party adjuster works for your own insurance company. You may need to notify your insurer about the crash because your policy likely includes a cooperation clause. This does not mean you should give unlimited statements, guesses, or detailed injury explanations before speaking with a lawyer. It means you should report the crash and provide basic information. Third-party insurance adjuster A third-party adjuster works for the other driver’s insurance company. That company does not represent you. It represents the person or business that may be responsible for your injuries. You generally do not have to give the other driver’s insurance company a recorded statement. You can politely decline and tell them your attorney will handle communications. A simple response is: “I am not giving a recorded statement. Please contact my attorney.” Then end the call. Watch: Should You Speak to an Insurance Adjuster After a Car Accident? In this short video, The Reyes Firm explains when you should avoid speaking to the other driver’s insurance company, when you may need to communicate with your own insurer, and why having an attorney involved can help protect your claim. Key takeaway: You generally should not discuss the accident or your injuries with the other driver’s insurance company. If your own insurance company needs information, keep the conversation focused and consider having an attorney present for any recorded statement. Do You Have to Talk to the Other Driver’s Insurance Company in Florida? No. You generally do not have a legal obligation to give a recorded statement to the other driver’s insurance company after a Florida crash. The other driver’s insurer may call repeatedly. They may suggest that your claim cannot move forward unless you speak with them. They may ask for permission to record the call. They may ask you to explain how the accident happened. You do not have to help them build a defense against your claim. You can provide basic identifying information if needed, but you should not: Explain fault Guess what happened Describe your injuries in detail Agree to a recorded statement Sign a broad medical release Accept a settlement before knowing the full value of your claim If the other driver’s insurance company contacts you, the safest step is to speak with a lawyer first. 💡 Did You Know? Florida drivers often face insurance coverage issues after a crash. Some drivers may have limited coverage, no available bodily injury coverage, or no insurance at all. If the at-fault driver is uninsured or underinsured, your own policy may become important. That is one reason to be careful when speaking with any insurance company, including your own. Why Do Insurance Adjusters Ask for Recorded Statements? Insurance adjusters ask for recorded statements because they create a permanent version of your story. Once you give a recorded statement, the insurance company can compare it against: The police report Medical records Photos and video Witness statements Later deposition testimony Social media posts Repair estimates Prior medical history Even small inconsistencies can be used to