If you’ve been in a car accident in Fresno, you may be contacted by the other driver’s insurance company asking for a statement. While it might seem harmless, providing a recorded statement could hurt your claim. Before speaking with any insurance adjuster, it’s crucial to understand your rights and consult a Fresno car accident lawyer to protect your interests. At Bojat Law Group, we help accident victims navigate complex insurance negotiations to ensure they receive fair compensation.
Why Insurance Companies Want Your Statement
After an accident, the other driver’s insurer may call you, acting friendly and concerned. However, their primary goal is to minimize what they pay out—or deny your claim entirely. They may ask for a recorded statement, hoping you’ll say something that weakens your case. Common tactics include:
- Asking leading questions to get you to admit fault
- Pressuring you to give details before you’ve fully recovered
- Misinterpreting your words to reduce your settlement
Even an innocent remark like “I didn’t see the other car” could be twisted to imply you were distracted or negligent.
Do You Have to Give a Statement?
No, you are not legally required to give a statement to the other driver’s insurance company. While your own insurer may request one as part of their investigation, the opposing insurer has no right to demand it. Politely decline and direct them to your attorney instead.
Exceptions Where a Statement Might Be Necessary
- Your Own Insurance Policy – Some policies require cooperation, so check with your lawyer first.
- Legal Proceedings – If a lawsuit is filed, you may need to provide testimony under oath.
What to Do Instead of Giving a Statement
- Seek Medical Attention – Your health comes first. Document all injuries and treatments.
- Gather Evidence – Take photos, collect witness statements, and keep accident reports.
- Notify Your Insurance Company – Report the accident but avoid giving a detailed recorded statement without legal advice.
- Consult a Fresno Car Accident Lawyer – An attorney can handle communications with insurers and protect your rights.
How Insurance Adjusters Use Statements Against You
Insurance adjusters are trained to look for inconsistencies or admissions of fault. Examples of how your words could be used against you:
- “I’m fine” – Later used to argue your injuries aren’t serious.
- “I think I might have been speeding” – Used to assign partial blame.
- “I didn’t get a good look” – Suggests you weren’t paying attention.
Even if you believe you’re at fault, California follows comparative negligence rules, meaning you could still recover partial compensation. Let an attorney assess liability before speaking to insurers.
When Should You Consider Giving a Statement?
If your lawyer advises it, a carefully prepared statement may help your case. However, this should only happen after:
- Reviewing all evidence
- Understanding the full extent of your injuries
- Consulting with legal counsel
Need Help? Call Bojat Law Group Today
Dealing with insurance companies after an accident can be overwhelming. At Bojat Law Group, our experienced Fresno car accident lawyer team fights to maximize your compensation while handling aggressive insurers. Don’t risk saying the wrong thing—let us protect your rights.
📞 Call us today at (818) 877-4878 for a free consultation!