Red alert checklist · when the insurer callsThe adjuster trapWhat they ask you to sign, and why.
The other driver's insurer calls within days and sounds helpful. You owe it nothing but the date, the location, and your direction of travel. Each request below is designed to shrink your claim before you know what it is worth. Check each one as it comes up, and give the adjuster our number instead of an answer.
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Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
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Seven things they will ask for
The one thing to remember
You are not required to talk to the other driver's insurance company at all. Give them our number. We take the call, and you never give a recorded statement.
What a first offer looks like
In one of our rear-end cases the first offer was $31,500. The client went on to have back surgery, and the case settled for $1,250,000. Prior results do not guarantee a similar outcome.
This page is general information, not legal advice for your situation. Submitting this form does not create an attorney-client relationship. An attorney-client relationship is formed only by a signed written fee agreement.
Questions about the adjuster trap
Do I have to give the other driver's insurer a recorded statement?
No. California law does not require you to speak with the other driver's insurance company at all. Your duty to cooperate runs to your own insurer under your own policy, and even that does not require a recorded statement on day one.
Can an adjuster's offer expire?
An adjuster can withdraw an offer, but your claim does not end when the offer does. The deadline that matters is the two year limit to file a lawsuit under Code of Civil Procedure section 335.1, and six months for a claim against a public entity.
What if I already gave a recorded statement?
Tell us exactly what was asked and what you said. A statement taken before a diagnosis can be explained by the medical record that follows it. It is a problem to manage, not the end of the claim.
Have a question about your case?
Speak with an attorney. The review is free and you will get a direct answer.
Tell us what happened. We'll tell you where you stand.
Every case review is free, confidential, and handled by a licensed attorney. Someone is available 24 hours a day, and we usually respond right away. No commitment required.