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What Not to Say to an Insurance Company After a Car Accident

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Don't admit fault, guess, or sign a release before you know your injuries. What state insurance regulators say about talking to insurers after a crash.

By Ask Legal Matters Editorial Team · Published · How we prepare these guides

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Short answer: Don't say who was at fault, don't guess about facts or injuries, and don't sign anything that settles the claim before you know how badly you're hurt. Give insurers the facts you know, in writing where you can, and keep a record of every call. State insurance regulators in California and Georgia give the same core advice.

This is general information, not legal advice. Ask Legal Matters is a free case-review request service, not a law firm.

1. Don't say it was your fault, or someone else's

At the scene and afterwards, stick to facts: where you were, which way you were going, what you saw. Fault is decided later, from the police report, photos, witness statements and the law of your state.

  • Georgia's insurance regulator says not to make "oral or written statements as to responsibility or blame" (Georgia Office of Insurance).
  • California's Department of Insurance says, "Do not sign statements regarding fault or promise to pay for the other parties damages" (California Department of Insurance).

2. Don't guess

If you don't know your speed, the distance, or exactly what happened, say so. A guess repeated to an adjuster becomes part of the file, and a later correction looks like a change of story. "I'm not sure" is a complete answer.

3. Don't say you're fine before a doctor has seen you

You may not know how badly you're hurt until a doctor has checked you. Saying "I'm not hurt" on the first call can be used to argue that a later injury came from something else. Say instead: "I'm getting checked out and will share medical information when I have it."

4. Don't discuss the crash with the other driver or their passengers

Georgia's regulator says not to discuss the specifics of the accident with other drivers, witnesses or passengers. California's says, "Save your story for the police and your insurance company." Exchange names, contact details, plate numbers and insurance information, and leave it there.

5. Don't tell the other side how much insurance you have

Georgia's regulator lists this specifically: don't tell others involved in the accident how much liability insurance you carry.

6. Don't sign a release or settlement in a hurry

A release usually ends the claim for good. If you sign before you know the full cost of your injuries, you can't go back for more.

  • California's regulator warns: "If the other party offers to pay your deductible, don't sign anything."

7. Don't give the other driver's insurer more than it needs

You have a contract with your own insurer, not with the other driver's. Texas's Department of Insurance notes, "You don't have a contract with the other driver's insurance," so you have fewer options if it stalls or denies the claim (Texas Department of Insurance). Your own insurer may ask for a written or recorded statement; ask it to explain any step you don't understand. Before you give a recorded statement to the other driver's insurer, or sign a broad medical records authorization for it, consider getting advice.

What to say instead

  • The date, time and place of the crash.
  • The other driver's name, insurer and policy number, and the police report number.
  • That you're getting medical care, if you are.
  • "I'd like that in writing," for any decision or offer. Texas's regulator says to ask for a denial reason "in detail and in writing."

And do these things:

  • Tell your own insurer as soon as you can, even if the other driver caused the crash (Georgia's regulator says this; Maryland's says to contact your insurer as soon as possible).
  • Keep a log of every call: date, name, what was said. Maryland's regulator recommends logging the dates of your conversations with your agent or adjuster.
  • Keep photos, the police report, medical bills and receipts together.

When the claim gets hard

If an insurer delays, denies, or offers less than your costs, you can:

  • ask for the decision and the reason in writing;
  • file a complaint with your state's insurance department (in Texas, the insurer must reply explaining a denial);
  • talk to a personal injury attorney. Many state bar associations run lawyer referral services; our state guides list them where we have confirmed one.

If you were hurt in a crash and want an attorney to look at your situation, you can request a free case review. It's free and there's no obligation.

Sources

Sources checked November 8, 2026.

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