Should You Talk to the Insurance Company After a Car Accident in California?

April 21, 2025

Should I Talk to the Insurance Company After an Accident?

After a car accident, it doesn’t take long before the insurance companies start calling — and what you say next can have serious consequences.

What many people don’t realize is this: you should never speak to an insurance company — even your own — without understanding your legal rights first. Once you hire a lawyer, insurance companies are required to go through your attorney for all communication related to your claim.

This isn’t just about avoiding mistakes — it’s about protecting the value of your case and making sure nothing you say can be used to delay, reduce, or deny compensation.

Here’s what you need to know before picking up the phone.

1. You’re Not Required to Talk to the Other Driver’s Insurance Company

If you’re contacted by the other driver’s insurance company, you are not legally required to speak with them — and you definitely shouldn’t give a recorded statement without first getting legal advice.

Insurance adjusters work for the other side. Their job is to:

  • Limit the value of your claim
  • Get you to say something they can use to deny or reduce your payout
  • Push you to settle quickly, before you know the full extent of your injuries

Even simple statements like “I’m feeling okay” or “It happened so fast” can be twisted later to suggest you weren’t really hurt or that you were partially at fault.

2. Be Cautious When Speaking With Your Own Insurance Company

While you may have a duty to cooperate with your own insurer, that doesn’t mean they’re on your side.

Your own insurance company may:

  • Share information with the other driver’s insurer
  • Use your statement to challenge a UM/UIM (uninsured/underinsured motorist) claim
  • Push back on your medical expenses or timeline of treatment

Once you hire an attorney, your insurance company must communicate with your lawyer — not with you directly. This protects you from saying something that could unintentionally weaken your case.

It also ensures all communication is documented, strategic, and handled by someone who understands the law — and how to deal with insurance company tactics.

3. Why Recorded Statements Are Risky — No Matter Who’s Asking

Insurance adjusters often request a recorded statement early on. But these aren’t routine — they’re strategic.

Common tactics include:

  • Asking questions that confuse you
  • Getting you to say your injuries are “minor” or “not too bad”
  • Locking you into a version of events before you’ve seen the police report or spoken to your doctor

Remember: once your words are recorded, they can be picked apart and used to justify a low settlement or a denial of coverage.

Don’t give a recorded statement to any insurance company — including your own — until you’ve talked to a lawyer.

4. What About Property Damage and Rental Car Claims?

If your car was damaged in the accident, the insurance company may contact you to coordinate repairs, rental reimbursement, or a total loss settlement. While it’s okay to discuss basic logistics, you still need to be extremely cautious — especially when it comes to what you sign and what you agree to.

Before accepting any property damage payout:

  • Make sure you’re not signing away your right to pursue an injury claim
  • Confirm that all costs are included — such as towing, storage, and rental car expenses
  • Speak with a lawyer to review the terms before finalizing anything

Some insurers include hidden release language in vehicle repair or total loss agreements that could permanently waive your injury claim, even if you're still receiving medical treatment.

The good news? You don’t have to handle this on your own.

At Lawyer Gigi, we handle property damage claims for our clients — from repair negotiations to rental car reimbursement — so you can focus on healing while we make sure you’re not being taken advantage of.

5. A Lawyer Can Handle All Communication for You

When you're injured, overwhelmed, or unsure what to say, the last thing you need is a phone call from an insurance adjuster.

A personal injury lawyer can:

  • Take over all communication with every insurance company
  • Prevent you from making any statements that hurt your claim
  • Ensure your losses — from medical bills to pain and suffering — are fully considered
  • Push back when insurers delay, deny, or lowball
  • Guide you through the claims process so you’re not left guessing

And once a lawyer is involved, you won’t have to speak to an insurance company again.

Bottom Line: Speak to a Lawyer Before Speaking to Insurers

Insurance companies know how to protect their own bottom line. You deserve someone who’s protecting yours.

Before you talk to any insurer — even your own — get legal advice. It costs nothing to ask, but it could save you from losing thousands in the long run.

Call Lawyer Gigi today for a free consultation.
We’ll review your case, handle the insurance companies, and make sure you’re fully protected from the very first phone call.

The contents of this website are for informational purposes only and do not constitute legal advice or create an attorney-client relationship. Any testimonial or endorsement on this website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. View the full Disclaimer.

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