Insurance adjusters are trained professionals, and a friendly call a day or two after a crash is part of the job. Their goal is to close your claim for as little as possible. Nearly everything you say goes into a file that can be used to deny or reduce your claim later. Here's what to avoid saying, and what you do and don't owe each insurance company.

First: which insurance company are you talking to?

This is the most important distinction:

  • Your own insurer (for PIP, collision, and uninsured or underinsured motorist coverage): your policy is a contract, and it requires you to cooperate. You must report the accident, fill out the PIP application, and provide reasonable information.
  • The other driver's insurer: you have no contract with them and generally no obligation to talk to them, give a recorded statement, or sign anything.

Even with your own insurer, be accurate and brief. On a UM or UIM claim, your own company is effectively on the other side.

Ten things not to say

1. "I'm sorry" or "It was my fault"

Apologizing is a natural reflex, but it can be recorded as an admission. Fault is decided by the evidence, often evidence you don't have yet, such as video, witness statements, and vehicle data. Under New Jersey's comparative negligence law, even a partial admission can cost you money.

2. "I'm fine" or "I'm not hurt"

Many injuries, including concussions, disc herniations, and soft-tissue tears, take hours or days to show up. "I'm fine" said the day after a crash will be quoted back to you months later. Say instead: "I'm getting checked out by a doctor."

3. Guesses about speed, distance, or timing

"I was probably going 40" or "I didn't see them until the last second" are estimates that can turn into admissions. If you don't know, say you don't know.

4. Anything in a recorded statement to the other driver's insurer

Adjusters often say a recorded statement is "standard" or "required to process your claim." It isn't required. The questions are designed to lock you into details before your injuries are diagnosed. Politely decline and tell them your attorney will be in touch.

5. Details about your medical history

Don't volunteer information about old injuries, prior accidents, or unrelated conditions. Never lie, but let the medical records speak through the proper process. A pre-existing condition doesn't defeat your claim in New Jersey, because a defendant is responsible for making it worse. Still, it needs to be presented carefully.

6. "Yes" to a blanket medical authorization

The other driver's insurer may send a form authorizing them to pull all your medical records, for life. Don't sign it. Records relevant to your claim can be exchanged through the proper channels.

7. "Yes" to a quick settlement

Early offers come before you know whether you'll need an MRI, injections, or surgery. Once you sign a release, your claim is over forever. Read how claims are actually valued before you consider any offer.

8. Opinions about your own case

"I don't want to sue anybody" or "I just want my car fixed" may be how you feel on day two, but they can be used against you on day two hundred when the pain hasn't gone away.

9. Your daily activities, out of context

"I went grocery shopping yesterday" can be reframed as "the claimant is fully active." If asked, answer honestly and add the context: "I went, but I had to stop halfway because of my back."

10. Anything on social media

Social media isn't technically a conversation with the insurer, but they will read it. Photos, check-ins, and comments are regularly used to challenge injury claims. Go private and stop posting until the case is resolved.

What you should say

When you report the claim to your own insurer, stick to the basic facts:

  • The date, time, and location of the accident
  • The other driver's information and the police report number
  • That you're being evaluated or treated by a doctor
  • Your PIP application, completed accurately

When the other driver's insurer calls, it's enough to say: "I'm not giving a statement right now. Please put everything in writing, and my attorney will contact you."

Watch out for these adjuster tactics

  • "We just need to confirm a few details." The "few details" often turn into a 30-minute recorded interview.
  • "This offer is only good until Friday." Artificial deadlines are meant to keep you from getting advice.
  • "You don't need a lawyer. They'll just take a third." Insurers say this because represented claimants usually recover more. New Jersey caps lawyers' fees by court rule. See how fees work.
  • Delay. Some adjusters stretch negotiations toward the two-year deadline. Talks don't stop the clock.

The simplest protection

Once you hire a lawyer, insurers must communicate through your lawyer. The calls stop, the pressure stops, and every statement goes through someone whose job is to protect your claim. A consultation is free and confidential.