What to Say to Insurance After a Car Accident

Talking to Your Own Insurance Company

Under Florida's no-fault PIP insurance system, your own insurer is your first point of contact. You are required to cooperate with them under your policy terms, but that doesn't mean you should volunteer harmful information.

• Report promptly — Most policies require you to report accidents within a reasonable time. Do this as soon as possible.
• Stick to facts — Date, time, location, vehicles involved, and that you've sought medical treatment
• Don't speculate — If you're unsure about something, say "I don't know" rather than guessing
• File your PIP claim — You must seek medical treatment within 14 days to access your $10,000 in PIP benefits
• Consider having an attorney present — Even with your own insurer, having legal guidance protects you from inadvertently harming your claim

Talking to the Other Driver's Insurance Company

The other driver's insurer is not on your side. Their goal is to minimize or deny your claim. Every conversation with them is an opportunity for them to gather evidence against you.

• If they call, politely say: "I've retained an attorney. Please direct all communication to them."
• If you don't have an attorney yet, limit the conversation to confirming the accident occurred and that you'll be in touch
• Never give a recorded statement to the other driver's insurer
• Never sign any documents or medical authorizations from them without legal review

What TO Say to Insurance

When speaking with any insurance company, keep your responses limited to these safe topics:

• Your name, address, and contact information
• The date, time, and general location of the accident
• The make, model, and year of vehicles involved
• Names and contact information of other drivers and witnesses
• That you have sought (or will seek) medical treatment
• The police report number, if available
• Your insurance policy number

What NOT to Say to Insurance

These common mistakes can severely damage your claim:

• "I'm fine" / "I'm not really hurt" — Many injuries (like whiplash and brain injuries) have delayed symptoms. This statement will be used against you.
• "It was my fault" / "I'm sorry" — Under Florida's comparative negligence law, admitting fault — even partially — reduces your recovery
• "I think what happened was…" — Don't speculate or guess about the accident. Stick to what you know for certain.
• "I'll accept your offer" — Never accept a settlement without consulting an attorney. First offers are almost always lowball amounts.
• "I haven't seen a doctor yet" — This implies your injuries aren't serious. If you haven't seen a doctor, do so immediately — the 14-day PIP rule is critical.
• Details about pre-existing conditions — Insurers will use this to blame your injuries on prior health issues
• Information about your daily activities — Casual comments like "I went to the gym yesterday" can be used to undermine your pain claims

Recorded Statements: What You Need to Know

Insurance adjusters will frequently ask to "take a recorded statement." Here's what you need to know:

• Other driver's insurer: You are NOT required to give a recorded statement. Decline and refer them to your attorney.
• Your own insurer: Your policy may require cooperation, but you can request to have your attorney present during any recorded statement.
• Recorded statements are used to lock you into a narrative that the insurer can later use to minimize your claim
• Adjusters are trained to ask leading questions designed to get damaging admissions
• Anything you say in a recorded statement can be used to deny or reduce your claim

Best practice: If your own insurer requests a recorded statement, tell them you want to cooperate but would like to schedule it after consulting with an attorney.

Common Insurance Adjuster Tactics

Be aware of these strategies insurance adjusters use to minimize your claim:

• Acting friendly — Adjusters are trained to build rapport. They're not your friend — they work for the insurance company.
• Quick settlement offers — Offering money fast (before you know the full extent of your injuries) to get you to sign a release
• "We just need a quick statement" — Making recorded statements seem routine when they're actually evidence-gathering
• Requesting blanket medical authorizations — These give them access to your entire medical history, not just accident-related records
• Delaying tactics — Slow-walking your claim hoping financial pressure forces you to accept a low offer
• Surveillance — In larger claims, insurers may monitor your social media or hire investigators
• "You don't need a lawyer" — The surest sign you should get one. Victims with attorneys consistently receive higher settlements.

Frequently Asked Questions