Within a day or two of a crash, your phone rings. It is the other driver's insurance company, sounding friendly and eager to "get your side of the story." Here is what they will not tell you: you are not required to talk to them, and what you say can be used to shrink or deny your claim.
The Short Answer: No, You Don't Have To
You have no legal obligation to give a statement — especially a recorded one — to the at-fault driver's insurance company. Their adjuster does not work for you. Their job is to pay you as little as possible, and an early recorded statement is one of their most effective tools.
Why They Call So Fast
They call early for a reason: before you have seen all your doctors, before you understand the full extent of your injuries, and before you have spoken to a lawyer. If they can get you on record saying "I'm okay" or guessing about how the crash happened, they will use it later when your injuries turn out to be serious.
"Anything you say to the other driver's adjuster can be used against you. 'I'm fine' today becomes 'you admitted you weren't hurt' at settlement time."
What You Actually Have To Do
There is one insurer you do need to notify promptly: your own. Under Michigan's no-fault system, your own policy pays your medical bills and wage loss through PIP benefits, and most policies require timely notice. Reporting the crash to your own insurer is different from giving a statement to the at-fault driver's insurer.
If the Other Adjuster Calls, Here's What To Say
- Be polite, but do not give a recorded statement.
- Provide only basic facts: your name, the date, and that an accident occurred.
- Do not discuss fault, your injuries, or your treatment.
- Do not accept any settlement offer or sign anything.
- Tell them your attorney will be in touch — then stop talking.
Why "I'm Fine" Is So Costly
Many crash injuries — concussions, whiplash, herniated discs — have delayed symptoms. Saying you feel fine in the first 48 hours, before those symptoms appear, hands the insurance company a quote they will repeat for the rest of your case. The safest move is simply not to discuss your condition with them at all.
Let Us Handle the Adjusters
Once you hire an attorney, the calls stop coming to you — they come to us. At Mumen Barlaskar Law Firm PLLC, we deal with the insurance companies so you can focus on healing. We represent injured people across Detroit, Hamtramck, Warren, and Southeast Michigan on a no-fee-unless-we-win basis, in English, Bangla, and Arabic. The consultation is free.
Frequently Asked Questions
Do I have to give the other driver's insurance a recorded statement?
No. You are not required to give the at-fault driver's insurance company a statement, recorded or otherwise. It is usually best to decline and let your attorney handle communication.
Do I have to report the accident to my own insurance company?
Yes. You should notify your own insurer promptly — that is how you access your PIP no-fault benefits, and most policies require timely notice. That is different from giving a statement to the other driver's insurer.
What should I do if an adjuster offers me a quick settlement?
Do not accept or sign anything. Early offers are usually low and made before you know the full extent of your injuries. Talk to a lawyer first — the consultation is free.