Your phone just rang. The caller identified themselves as a claims adjuster from the at-fault driver's insurance company. They were friendly. They said they just wanted to get some basic information and maybe record a quick statement.
That adjuster does not work for you. They work for the insurance company, whose job is to pay out as little as possible on your claim. You are not legally required to give them a recorded statement. You can tell them to direct further contact to your attorney.
Insurance adjusters gather information that limits the company's exposure on your claim. When they call in the hours or days after an accident, they are:
Soft tissue injuries, traumatic brain injuries, and spinal injuries often do not manifest fully for days or weeks after a crash. Saying you feel okay on day one creates a statement that contradicts your later medical records.
Utah follows a modified comparative fault system: if you are found 50% or more at fault, you recover nothing.
If you are not certain, do not guess. Speculation becomes part of the record.
Do not agree. More on this below.
Pre-existing conditions are a common tool adjusters use to reduce payouts.
If they make an offer in the first phone call, it is almost certainly far below the actual value of your claim. Once you accept and sign a release, you cannot go back.
Utah operates under a no-fault insurance system. Your own Personal Injury Protection (PIP) coverage handles your initial medical expenses regardless of fault.
You have a duty to cooperate with your own insurance company on PIP claims. Failing to cooperate can jeopardize your PIP benefits.
You have no legal obligation to cooperate with the other driver's insurance company. You are not their policyholder. You do not owe them a recorded statement.
In Utah, a bodily injury claim against the at-fault driver's liability coverage typically comes into play when your injuries exceed the PIP threshold: $3,000 in medical expenses, or an injury involving permanent impairment, disfigurement, disability, or death.
You do not know the full picture yet. In the first 24 to 72 hours, you may not have seen the police report or know the extent of your injuries.
Your words will be used against you. Adjusters are trained interviewers. "Do you have any pain right now?" sounds neutral. Your "it's not too bad today" becomes exhibit A when you claim severe ongoing pain three weeks later.
You are not legally required to give a recorded statement to the at-fault driver's insurer. Declining does not hurt your claim. It protects it.
"Thank you for calling. I was involved in the accident you're referencing, and I am taking it seriously. I'm not in a position to discuss the details of the accident or my injuries at this time, and I'm not willing to give a recorded statement. If you need to discuss this claim further, please direct all future communication to my attorney. Have a good day."
If you have not yet hired an attorney:
"Thank you for calling. I was involved in the accident. I'm not prepared to discuss the details right now, and I'm not willing to provide a recorded statement. I'll be consulting with an attorney shortly and will have them contact you. Thank you."
Once you retain an attorney, all adjuster contact goes through them. Refer the adjuster to your attorney immediately if:
When you hire BAM Injury Law, formal written notice goes to every insurance company involved in your claim. From that point forward, the adjusters contact us, not you. No more pressure calls during your recovery. No risk of an offhand comment being used against your claim.
We represent clients across Utah and Idaho in personal injury cases. Our job is to level the playing field.
BAM Injury Law offers free consultations for accident victims in Utah and Idaho. You pay nothing unless we recover for you.
Call us now at (801) 970-9913. We answer calls and can often speak with you the same day.
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