Shortly after a motor vehicle accident, the phone rings.
The voice on the other end sounds polite, empathetic, and reassuring. They claim they just need to "clear up a few details" so they can process your claim quickly.
The questions often sound like concern: How are you feeling? Do you mind if I record this? Can you walk me through what happened? Have you been injured before? Would a check today take care of it?
Here is what they won't tell you:
The insurance adjuster works for the insurance company, not you.
Their primary objective is to protect their company’s bottom line, often by minimizing or denying you a fair settlement. A casual answer you give before you know your diagnosis can follow you through your personal injury claim, and shape how the insurance company evaluates fault, medical causation, and damages.
Before giving a recorded statement, signing paperwork, or accepting a fast settlement offer, understand these hidden traps behind their routine questions.
Who Does the Insurance Adjuster Represent?
The other driver’s liability adjuster represents that driver’s insurance company, not you. The adjuster may be professional and courteous, and the job includes settling the claim on terms favorable to the insurer. Treat every conversation as part of the claim file. Nothing should be assumed to be off the record.
Your own carrier may contact you separately about liability coverage, New York no-fault benefits, collision coverage, or supplementary uninsured/underinsured motorist coverage. Your obligations to your insurer depend on the policy, coverage, claim type, and facts.
A public adjuster generally assists policyholders with first-party property claims. That role is outside the bodily-injury call discussed here.
What Should I Say About My Injuries?
Tell the other driver’s liability adjuster that you are still being evaluated and are not ready to describe the full extent of your injuries. A safe response is: “I’m still being evaluated. I’d rather not characterize my injuries yet.”
How they ask it
- “How are you feeling today?”
- “Are you back to your normal daily activities?”
These questions may sound like small talk. Your answer can still enter the claim notes and be compared with later medical records.
What a damaging answer sounds like
- “I’m fine. It was just a little soreness.”
- “I can do everything I normally do.”
“I’m fine” is often a social reflex, not a medical conclusion. Pain, stiffness, headaches, numbness, or limits on daily activities may not be clear during the first call. That does not mean every later symptom came from the crash. It means you should not make medical predictions before an appropriate evaluation.
What to say instead
“I’m still being evaluated. I’d rather not characterize my injuries yet.”
Confirm that you sought care if asked. Identify providers when appropriate. Don't exaggerate, and don't minimize your symptoms to sound polite.
Keep notes about pain, appointments, work restrictions, and activities you cannot perform as usual.
Why it matters
The other driver’s insurer may compare your words with emergency records, treatment notes, employment records, and descriptions of daily activity.
An early statement that you felt “fine” can be cited when the insurer evaluates whether the crash caused your symptoms and how serious they are.
If symptoms worsen, or the adjuster challenges whether treatment relates to the crash, consider speaking with a lawyer.
Your New York no-fault benefits involve separate notice and documentation duties through your own carrier.
Should I Give the Insurance Adjuster a Recorded Statement?
You generally can decline a recorded statement requested by the other driver’s liability adjuster. A third-party claimant generally has no contractual duty to give that adjuster a recorded statement. Say: “I’d rather not give a recorded statement today. You can send your questions in writing.” Contact a lawyer if that adjuster says a recording is required or threatens to reject the claim.
How they ask it
- “Can I record this so I don’t miss anything?”
- “This is just a routine statement needed to process the claim.”
A recorded statement preserves your exact language, often before you have reviewed records, seen the police report, or learned the full extent of your injuries.
What a damaging answer sounds like
- “I guess I might have looked away for a second.”
- “My neck didn’t start hurting until later, so it may be unrelated.”
The concern is not merely that the call is recorded. An unprepared claimant may speculate, accept an inaccurate premise, or answer an ambiguous question without asking for clarification.
What to say instead
“I’d rather not give a recorded statement today. You can send your questions in writing.”
If the call catches you off guard, use this script:
“I’m not prepared to discuss the facts or my injuries today. Please give me your name, company, claim number, and contact information. You may send requests in writing. I’m not agreeing to a recorded statement or signing anything until I understand my rights.”
Write down the date, caller, company, claim number, and requests made.
Don't let the call become a detailed interview after you decline the recording.
Why it matters
A request from your own carrier is a different legal relationship.
My Own Insurance Company Wants a Recorded Statement
If your own insurance company wants a recorded statement, don't ignore it. Your policy may require timely notice and reasonable cooperation. That can include an interview, a recorded statement, or, under some coverages, an examination under oath.
Ask which coverage the request concerns, ask for the questions in writing, and have a lawyer review the request before you sit for a recording or an EUO.
A recorded statement isn't necessarily the same as an examination under oath.
An EUO is a more formal policy process and can carry different consequences if you refuse it.
New York no-fault rules require written notice of the claim as soon as reasonably practicable, and no later than 30 days after the accident, unless you submit written proof providing a clear and reasonable justification for the delay.
The 30-day count starts the day after the accident.
A completed NF-2 satisfies that notice. So can a hospital NF-5, or an MV-104 or other accident report that indicates injuries. Don't rely on a crash report as your notice. File written notice with the no-fault insurer yourself.
Learn more: How Does No-fault Insurance Work in New York?
What Accident Facts Should I Share—and What Should I Avoid Guessing About?
Give the other driver’s liability adjuster only facts you clearly remember. Don't estimate speed, distance, timing, or what another driver saw. Say: “The police report has the details. I don’t want to guess at anything I’m not sure of.”
How they ask it
- “Walk me through exactly what happened.”
- “How fast were you going, and how far away was the other car?”
A collision happens quickly. You may remember the sequence without knowing exact distances or seconds. “I don’t know” is more accurate than filling a gap with an estimate.
What a damaging answer sounds like
- “I was probably doing about 35 or 40.”
- “I’m sorry. I should have seen the car sooner.”
An apology made from shock may be characterized as an admission. A rough estimate can later be presented as a firm statement.
What to say instead
“The police report has the details. I don’t want to guess at anything I’m not sure of.”
Separate observations from assumptions. Don't adopt the adjuster’s wording if it does not match your memory. Preserve photographs, video, witness information, and contemporaneous notes.
The police report is not a substitute for your own DMV filing. Under Vehicle and Traffic Law § 605, if anyone was injured or killed, or if damage to any one person’s property exceeded $1,000, you must file Form MV-104 with the New York DMV within 10 days of the crash.
Failure to file is a misdemeanor and is a ground for suspension or revocation of your license or registration. The commissioner may also suspend the license or registration until the report is filed. This is your report, separate from anything the police file.
The form and filing instructions can be found on New York's DMV MV-104.
A police report or MV-104 may still be incomplete or inaccurate, especially if the writer did not see the impact. Review it. Don't rely on either report as notice to your own insurer. File written notice with the no-fault carrier yourself.
Why it matters
New York uses pure comparative fault. Under CPLR 1411, your own share of fault does not automatically end the claim. It can reduce recoverable damages by that percentage. The application is fact-specific (CPLR 1411).
Get advice if the report contains an error, witnesses disagree, a citation was issued, or the insurer alleges that you contributed to the crash.
Should I Discuss Prior Injuries or Sign a Medical Authorization?
Don't conceal relevant history from the other driver’s liability adjuster, but don't provide an unlimited medical history or sign a blanket release during the call. Say: “I’m not signing a medical authorization on this call. Please send it to me for review; if I retain a lawyer, relevant records can go through counsel.”
How they ask it
- “You never had pain in that area before, correct?”
- “Please sign this standard authorization so we can collect your medical records.”
What a damaging answer sounds like
- “I have never had any back problem in my life.”
- “You can obtain anything you need from any doctor.”
Don't deny prior symptoms if they existed. An old visit can be portrayed as a contradiction. You also don't need to volunteer an unrestricted lifetime history on an unexpected call.
What to say instead
“I’m not signing a medical authorization on this call. Please send it to me for review; if I retain a lawyer, relevant records can go through counsel.”
Ask for the authorization in writing. Review its date range, providers, record categories, redisclosure terms, expiration, and whether it seeks unrelated information. Don't conceal relevant evidence. The goal is appropriate scope.
Why it matters
New York law can allow recovery when a crash aggravates a pre-existing condition, when the evidence supports it. A careful comparison of pre-crash and post-crash functioning often matters more than a claim that you were previously symptom-free.
The other driver’s insurer is not entitled, on a first call, to a lifetime medical history or a blanket authorization.
Relevant records can be obtained through a limited authorization or through counsel. The proper scope depends on the injuries claimed, the defenses raised, and the procedural setting.
What Should I Say About an Early Settlement Offer?
Tell the other driver’s liability adjuster:
“I’m not in a position to discuss settlement until I understand my injuries.”
Don't accept or reject an early offer merely because it arrives quickly.
How they ask it
- “Would $X take care of this today?”
- “Can we send a check and close the file?”
An early offer may arrive before treatment is complete. It can sound attractive while bills and missed work are accumulating.
What a damaging answer sounds like
- “That sounds fair. I just want this over.”
- “I probably won’t need more treatment.”
What to say instead
“I’m not in a position to discuss settlement until I understand my injuries.”
Request the offer and proposed release in writing. Confirm which claims, people, vehicles, insurers, and damages the release covers. Keep records of treatment expenses, wage loss, travel for care, and functional limits.
Why it matters
A signed release can end your bodily-injury claim even if symptoms worsen later.
In New York auto cases, Insurance Law § 5102(d) limits recovery of non-economic loss against an at-fault driver unless the injury meets the serious-injury threshold.
That threshold includes, among other categories, a fracture, significant disfigurement, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents substantially all usual daily activities for at least 90 of the 180 days after the crash.
Whether it is met depends on medical proof, not a first-week phone call (Insurance Law § 5102).
Seek legal review when treatment is ongoing, the offer does not explain its basis, fault or coverage is disputed, or the release is broader than the payment offered.
Each issue above becomes more serious when several warning signs appear together. Use the following framework to decide whether routine claim handling has become a legal-risk decision.
When Should You Call a Car Accident Lawyer?
Consider prompt legal advice when any of these warning signs appears:
- Your injury is significant or worsening.
- Fault is disputed.
- An adjuster presses for a recorded statement or a broad medical authorization.
- The claim is denied or an offer appears inadequate.
- You suspect a legal, government-notice, or policy deadline may apply.
These are warning signs, not an eligibility test. Claims involving public entities or particular policy benefits can carry shorter notice periods than ordinary injury claims.
At Raphaelson & Levine, if you've been involved in a crash we offer offers a free, no-risk consultation. When you speak with an experienced New York City car accident lawyer at our firm, we'll evaluate your claim, answer your questions, and provide you with honest, clear next steps.
We work on a contingency basis, so you pay no attorney fees unless and until we recover compensation for you.
Frequently Asked Questions
How long does an insurance adjuster have to contact you?
There is no deadline that requires the other driver’s adjuster to call you. Once a claim is filed, New York Regulation 64 (11 NYCRR 216) sets Department of Financial Services claim-handling standards under Insurance Law § 2601.
Those standards generally require the insurer to acknowledge the claim within 15 business days, begin its investigation and tell you what documents it needs within 15 business days, and accept or reject the claim within 15 business days after it has a completed proof of loss and the items it requested.
If it needs more time, it must say so in writing and then send status letters every 90 days. These are DFS-enforced conduct standards, not privately actionable deadlines (11 NYCRR 216.4, 216.5, and 216.6).
Can I refuse a recorded statement to the insurance company?
You generally can decline a recorded statement from the other driver’s liability insurer. A request from your own carrier is different: notice and cooperation duties may apply under liability, no-fault, collision, or SUM/UM coverage. Don't ignore that request. Ask which coverage and policy provision apply, then use the guidance in the recorded-statement section.
Should I talk to the other driver’s insurance company at all?
You may give basic contact and claim-routing information.
You don't need to turn the first call into a full interview. Avoid prematurely characterizing your injuries, guessing about accident facts, or negotiating settlement. Confirm the adjuster’s identity, get the claim number, and ask for substantive questions in writing.
What should I say to my own insurance company?
Give your insurer timely written notice and truthful facts. New York no-fault requires written notice as soon as reasonably practicable, and no later than 30 days after the accident, unless you submit written proof providing a clear and reasonable justification for delay.
The 30-day count starts the day after the accident. Ask whether a later request concerns liability, collision, no-fault, or SUM/UM coverage, because the duties can differ.
Don't assume third-party-adjuster rules apply to your carrier.
Before You Call the Adjuster Back, Talk to Us
Navigating insurance calls while recovering from an injury puts you at an immediate disadvantage. You don't have to go through it alone.
At Raphaelson & Levine, our New York personal injury attorneys deal with insurance adjusters every single day so our clients don't have to.
We'll review your claim, help you understand your rights, and ensure you receive the full compensation you deserve.
Call (212) 268-3222 today or contact us online to request your free, 100% confidential case evaluation.
