What to Say to an Insurance Adjuster

The Bottom Line

When the insurance company calls after your car accident, every word matters. In North Carolina, any admission of even partial fault can be used to deny your entire claim under the contributory negligence rule. Know exactly what to say, what to avoid, and when to stop talking. This page gives you the actual phrases to use and the ones that can destroy your case.

The Insurance Adjuster Call Is Coming -- Be Ready

Within hours or days of your accident, your phone is going to ring. It might be your own insurance company. It might be the other driver's insurer. It might be both.

The adjuster will be polite, maybe even sympathetic. They will say they just want to "get your side of the story" and "make sure you are taken care of." This is not a casual conversation. It is an investigation. And anything you say can -- and will -- be used to reduce or deny your claim.

In North Carolina, the stakes are even higher than in most states. Because of the contributory negligence rule, a single careless sentence can cost you everything.

Your Own Insurance vs. the Other Driver's: Different Rules in NC

Before you pick up the phone, you need to understand who is calling and what you owe them.

Talking to Your Own Insurance Company

Your auto insurance policy is a contract. That contract typically requires you to cooperate with your insurer's investigation, which may include providing a statement. If you refuse to cooperate with your own insurance company, they could deny your claim for breach of the policy terms.

With your own insurer, you should:

• Be honest and factual -- do not lie or exaggerate
• Stick to what you know -- do not guess or speculate
• Report the basic facts of the accident
• Describe your injuries but clarify that you are still being evaluated
• Ask if the call is being recorded before you begin

Talking to the Other Driver's Insurance Company

This is where the real danger lies. The other driver's insurance company has one goal: to pay you as little as possible. You have no contractual obligation to them. You do not have to talk to them at all.

What to Say: Safe Phrases That Protect You

When you do speak with an insurance adjuster, here are phrases that protect your interests.

When They Ask for Basic Information

• "My name is [name]. My phone number is [number]."
• "The accident occurred on [date] at approximately [time] at [location]."
• "The vehicles involved were [brief description]."
• "Here is my policy number: [number]."

When They Ask About the Accident Details

• "I am still reviewing the details with my attorney before making a detailed statement."
• "I would prefer to let the police report speak to the facts of the accident."
• "I am not comfortable discussing the details at this time."

When They Ask About Your Injuries

• "I am currently under medical care and being evaluated."
• "I do not yet know the full extent of my injuries."
• "My doctors are still running tests and evaluating my condition."

When They Push for a Recorded Statement

• "I am not willing to give a recorded statement at this time."
• "Please send any questions to me in writing, or direct them to my attorney."
• "I understand you need information, but I would like to consult with an attorney first."

When They Make a Settlement Offer

• "I am not ready to discuss settlement at this time."
• "I have not yet completed my medical treatment."
• "I will review any offer in writing with my attorney."

What NOT to Say: Phrases That Can Destroy Your Claim

These are the statements adjusters are hoping to hear. Avoid every one of them.

Never Admit Any Fault

• "I am sorry" or "I apologize"
• "It was my fault" or "I should have been more careful"
• "I did not see them" or "I was not paying attention"
• "Maybe I could have avoided it"

Never Minimize Your Injuries

• "I am fine" or "I feel okay"
• "It is not that bad"
• "I am just a little sore"
• "I do not think I need to see a doctor"

Never Speculate or Guess

• "I think I was going about..." (speed)
• "I guess I might have been..." (activity)
• "I am not sure, but maybe..."
• "It happened so fast I do not really remember"

Never Discuss These Topics

• Whether you were wearing a seatbelt -- this can be used to argue contributory negligence or to reduce your damages
• Whether you were on your phone -- even glancing at navigation can be characterized as distracted driving
• Your exact speed -- unless you are absolutely certain you were at or below the limit
• Pre-existing conditions -- let your medical records speak for themselves
• Your daily activities -- the adjuster is looking for evidence you are not as injured as you claim

NC's One-Party Consent Recording Law

North Carolina is a one-party consent state when it comes to recording phone calls.

What this means in practice:

• The adjuster can legally record the call without your explicit consent (because they are a party to the conversation)
• You can also record the call without telling the adjuster
• Standard practice is for adjusters to ask permission before recording, but they are not legally required to in NC
• Assume everything is being documented -- even if they are not recording, they are taking detailed notes

When to Stop Talking and Get an Attorney

There are certain situations where you should stop communicating with the insurance company directly and let an attorney handle it:

• You have any injuries that required medical treatment beyond a basic checkup
• The adjuster is pushing hard for a recorded statement or pressuring you to settle quickly
• The adjuster mentions contributory negligence or suggests you share fault
• You are unsure about anything the adjuster is asking
• The claim involves significant damages -- medical bills over $5,000, serious vehicle damage, or lost wages
• You feel overwhelmed and are worried about saying the wrong thing

Most NC personal injury attorneys offer free consultations. Once you have an attorney, the insurance company is required to communicate through them, which takes the pressure off you entirely. If the adjuster denies your claim after any conversation, do not assume it is final -- learn what to do when your claim is denied.

The Recorded Statement: What to Expect

If you do agree to give a recorded statement -- whether to your own insurer or the other driver's -- here is what typically happens:

1. The adjuster asks permission to record and states the date, time, and your name
2. They start with easy questions -- your name, address, phone number, employment
3. They ask about the accident -- where you were going, what happened, the sequence of events
4. They ask about injuries -- what hurts, when it started, what treatment you have received
5. They ask leading questions -- designed to get you to admit fault or minimize injuries
6. They ask if there is anything else -- hoping you will volunteer additional information

The entire conversation is being recorded and can be used against you. If you do give a statement, remember: you can say "I do not recall" or "I am not certain" rather than guessing. You can also ask to stop the recording at any time.

Frequently Asked Questions

Frequently Asked Questions

Do I have to give a recorded statement to the insurance company?▾

It depends on which insurance company is asking. You are generally required to cooperate with your own insurance company, which may include providing a recorded statement under the terms of your policy. However, you are NOT required to give a recorded statement to the other driver's insurance company. You can politely decline.

Can the insurance company record my phone call without telling me?▾

North Carolina is a one-party consent state for recordings (N.C. Gen. Stat. 15A-287), which means only one party to the conversation needs to consent. However, standard practice is for insurance adjusters to ask your permission before recording. If they do not ask, you should assume they may still be taking detailed notes of everything you say.

What if I already said something I should not have to the adjuster?▾

Do not panic. One statement alone usually does not determine the outcome of your claim. Stop communicating with the adjuster directly and consult with a personal injury attorney. An attorney can help manage further communications and work to minimize the impact of any prior statements. Going forward, direct all communication through your attorney.

Should I talk to my own insurance company differently than the other driver's?▾

Yes. Your own insurance company has a contractual relationship with you, and your policy likely requires you to cooperate with their investigation. Be honest and factual with your own insurer. With the other driver's insurance company, you have no obligation to cooperate -- and you should be far more cautious, as they are actively looking for reasons to deny your claim.

What should I do when the insurance adjuster calls?▾

Be polite but brief. Provide only basic facts: your name, contact information, the date and location of the accident, and what vehicles were involved. Do not discuss fault, the details of the accident, the extent of your injuries, or your medical treatment. Do not agree to a recorded statement from the other driver's insurer. Tell them you will follow up in writing or through your attorney.