What To Say (And Not Say) To Insurance Adjusters After A Car Accident In Virginia
The call came 18 hours after her accident.
My client was rear-ended at a red light on Route 7. Clear liability. She was in pain but hadn't seen a doctor yet because it was late at night.
The other driver's insurance adjuster sounded friendly. Sympathetic. Said she just needed "a quick statement to get the claim moving."
My client wanted to be helpful. She answered questions for 20 minutes.
When the adjuster asked "how are you feeling," she said "I'm okay, just a little sore."
Two weeks later, she was in physical therapy with documented neck and back injuries. The insurance company offered $3,000. When we challenged it, they said: "But she told our adjuster she was okay. We have it on tape."
That one phrase—"I'm okay"—cost her thousands of dollars and months of fighting.
After handling car accident cases in Virginia for over a decade, I can tell you: What you say to insurance adjusters in the first 72 hours can make or break your entire claim.
Here's exactly what to say, what not to say, and how to protect yourself when that call comes.
Why The Insurance Adjuster Is Calling You
Within 24-48 hours after your accident, the other driver's insurance company will call. Sometimes within hours.
The adjuster will sound:
Friendly and concerned
Eager to help
Like they're on your side
Rushed to "get this handled quickly for you"
They are not on your side.
The other driver's insurance company represents the person who hit you. Their job is to protect their policyholder and pay out as little as possible.
What The Adjuster Is Actually Trying To Do
Lock you into a version of events before you've had time to process what happened. If your story changes later because you remembered details or because evidence emerged, they'll call you inconsistent or a liar.
Get you to admit fault—even partially. In Virginia, where contributory negligence means even 1% fault eliminates your entire claim, partial admissions are deadly.
Minimize your injuries before you understand how hurt you are. Adrenaline masks pain. Soft tissue injuries show up days later. But if you said "I'm fine" on the recorded call, that statement lives forever.
Build false trust so you'll talk without a lawyer. The friendlier they are, the more comfortable you feel. The more you talk, the more ammunition they gather.
What The Call Actually Sounds Like
"Hi, this is Jennifer from State Farm. I'm so sorry to hear about your accident. How are you doing? I just want to make sure we take care of this quickly for you. Can you walk me through what happened?"
Sounds helpful, right?
Jennifer is recording this call. Every word you say will be analyzed by their legal team. And "I'm doing okay" just became evidence you weren't seriously injured.
You Are NOT Required To Give Them A Statement
Here's what insurance adjusters won't tell you:
You are not legally required to give the other driver's insurance company a recorded statement.
They'll make it sound mandatory:
"We need your statement to process the claim"
"We can't move forward without hearing from you"
"This will delay everything if you don't cooperate"
It's not true.
You have every right to:
Decline the recorded statement
Provide information in writing instead
Wait until you've talked to an attorney
Route all communication through your lawyer
The only insurance company you're required to report to is your own—because of your contractual obligation under your policy.
What NOT To Say To Insurance Adjusters
These phrases destroy Virginia car accident claims:
"I'm okay" or "I'm fine"
Even if you feel relatively okay in the moment, don't say this.
Injuries from car accidents often don't show up for days. Whiplash, soft tissue damage, concussions, herniated discs—all can have delayed symptoms.
If you say "I'm fine" on day one and your neck hurts on day three, the insurance company will use your own words to argue you're exaggerating or your injuries came from something else.
Say instead: "I'm still being evaluated by my doctor."
Any variation of "It was my fault"
Do not say:
"I wasn't paying attention"
"I didn't see them"
"Maybe I was going too fast"
"I probably should have braked sooner"
"I'm sorry this happened"
Virginia's contributory negligence law means if you're even 1% at fault, you recover nothing. These statements give insurance companies exactly what they need to deny your claim entirely.
Say instead: "I'm still gathering all the facts about what happened."
Guessing about speed, distance, or timing
"I think I was going about 45..." "They were maybe 50 feet away when I first saw them..." "The light had been green for probably 10 seconds..."
Guesses become facts in recorded statements. If your estimate is wrong or contradicts other evidence, it makes you look unreliable or dishonest.
Say instead: "I don't recall the exact speed/distance/timing."
Detailed descriptions before you have all the facts
The accident just happened. You're shaken up. Your memory might not be accurate. Details you think you remember might be wrong.
The insurance company wants to lock you into a detailed narrative while your memory is fuzzy. Later, when the full picture emerges, any inconsistencies become ammunition.
Say instead: "I'd like to provide a complete and accurate statement after I've had time to review the police report and speak with my attorney."
"I wasn't injured" or "I don't think I need medical treatment"
Adrenaline is powerful. You might genuinely feel fine right after the crash. That doesn't mean you're not injured.
If you tell the adjuster you're not hurt, and later you start physical therapy, they'll argue:
You weren't really injured in the crash
Your symptoms came from something else
You're exaggerating to inflate your claim
Say instead: "I'm currently under medical care and following my doctor's recommendations."
Pre-existing conditions or prior injuries
If the adjuster asks "have you ever had back pain before," don't volunteer a detailed medical history.
They're looking for pre-existing conditions they can blame. Even if your current injury is completely unrelated to something from years ago, they'll argue it's not from the accident.
Say instead: "My current injuries are from this accident. My doctor can address any questions about causation."
Your financial situation
Adjusters might ask:
"Are you able to work?"
"How are you managing with bills?"
"Is this creating financial stress?"
They're trying to gauge how desperate you are. If they know you're struggling financially, they'll lowball you expecting you to accept less.
Say instead: "I'm focused on my recovery right now."
What You SHOULD Say
You can be polite and cooperative without giving them ammunition. Here's what actually works:
When they ask for a recorded statement:
"I'm not comfortable giving a recorded statement right now. I'll be happy to provide the information you need in writing after I've spoken with my attorney."
When they ask how you're doing:
"I'm following my doctor's treatment recommendations."
Not "I'm great!" Not "I'm in terrible pain!" Just factual.
When they ask what happened:
"The police report documents what happened. I'd like to review that report and speak with my attorney before providing additional details."
When they ask about your injuries:
"I'm currently under medical care. My treatment is ongoing."
When they push back:
"I understand you need information to evaluate the claim. I want to provide accurate information, which is why I'm waiting to speak with my attorney first. You can contact me through my lawyer."
When they say this will delay everything:
"I'd rather take the time to do this correctly than rush and provide incomplete or inaccurate information."
How To Handle The First Call (Step-By-Step)
When the other driver's insurance company calls:
Step 1: Confirm Who's Calling
"Who are you with? And you represent the other driver, correct?"
Make sure you know who you're talking to. Your own insurance company vs. the other driver's insurance requires different approaches.
Step 2: Get Their Information
"Can I have your name, title, phone number, and claim number?"
Write this down. You'll need it for your records.
Step 3: Tell Them You'll Call Back
"I appreciate you reaching out. I'm not able to talk right now, but I'll call you back after I've had a chance to gather my thoughts."
This buys you time. You're not refusing to cooperate. You're just not doing this on their timeline.
Step 4: Call An Attorney Before You Call Them Back
Talk to a personal injury lawyer before you have any substantive conversation with the other driver's insurance company.
An attorney can tell you:
What information they're legally entitled to
What questions are designed to trap you
How to protect your rights while still cooperating
Whether you should give any statement at all
Step 5: If You Decide To Talk To Them (With Attorney Guidance)
Stick to observable facts:
"I was traveling north on Route 7"
"The light was green when I entered the intersection"
"The other vehicle struck the passenger side of my car"
Do not speculate. Do not guess. Do not admit fault. Do not discuss injuries in detail.
Better option: Have your attorney handle all communication from this point forward.
What About YOUR Insurance Company?
Your own insurance company is different. You have a contractual obligation to report accidents under your policy.
What To Report To Your Own Insurance
Call your insurance company within 24 hours and provide:
Date, time, and location of the accident
That you were involved in a collision
That you're seeking medical care
Basic factual information about what happened
What NOT To Do With Your Own Insurance
Don't give a detailed recorded statement immediately. Even your own insurance company will use your words to limit their exposure, especially if you're making a UM/UIM claim.
Don't authorize blanket medical record releases. You may need to provide medical records eventually, but don't sign broad authorizations giving them access to your entire medical history.
Don't accept a settlement offer without understanding what you're agreeing to. Even from your own insurance.
When To Get A Lawyer For Your Own Insurance Claim
If you're making a claim under your own policy—especially uninsured/underinsured motorist coverage—your insurance company stops being "your" insurance company and becomes another party with financial incentives to pay less.
At that point, you need an attorney just as much as you would dealing with the other driver's insurance.
Real Example: How One Statement Destroyed A Case
Last year I consulted with someone who'd been T-boned at an intersection in Fairfax. The other driver ran a red light. Clear liability.
Three days after the crash, the other driver's insurance called. The adjuster asked: "Were you on your phone at all around the time of the accident?"
The driver said: "I might have glanced at my GPS."
That's all it took.
The insurance company argued he was distracted and contributed to the crash. In Virginia, contributory negligence. Claim denied.
He wasn't texting. He wasn't scrolling social media. He looked at GPS mounted on his dashboard—which is legal. But the way he phrased it gave them exactly what they needed.
By the time he called me, the recorded statement existed. We fought it, but the damage was done.
That case should have settled for $40,000+. Instead, we spent a year fighting over whether glancing at GPS constituted negligence. We eventually settled, but for far less than the case was worth.
All because of how he answered one question on a recorded call.
Virginia-Specific Considerations
Contributory Negligence Makes Everything Higher Stakes
Virginia is one of only four states that follows pure contributory negligence. If you're found even 1% at fault, you recover nothing.
Insurance companies know this. They aggressively look for any evidence you contributed to the accident:
Speeding (even 5 mph over)
Distracted driving (glancing at GPS, adjusting radio)
Following too closely
Improper lane change
Failure to maintain your vehicle (brake light out)
Any statement suggesting you did any of these things can be used to eliminate your entire claim.
This is why Virginia car accident victims need to be especially careful about what they say to insurance adjusters.
The 2-Year Statute of Limitations Doesn't Mean You Should Wait
You have two years to file a lawsuit in Virginia. But that doesn't mean you should delay talking to an attorney.
Evidence disappears. Witnesses forget. Medical records get harder to obtain. And every day you wait is another day the insurance company uses to build a case against you.
Get legal guidance early. Before you make statements you can't take back.
Minimum Coverage Means Many Cases Involve Your Own Insurance
Virginia's minimum liability requirements are:
$25,000 per person for bodily injury
$50,000 per accident
Many drivers carry only these minimums. If your injuries exceed $25,000, you'll need to make an underinsured motorist claim against your own policy.
At that point, your own insurance company becomes your adversary. They'll use the same tactics to minimize your claim. You need a lawyer just as much as you would with the other driver's insurance.
When You Absolutely Need An Attorney
Call a personal injury lawyer immediately if:
The other driver's insurance has already called asking for a statement. Get legal advice before you talk to them.
Fault is being disputed. If they're arguing you contributed to the crash in any way, Virginia's contributory negligence law makes this a high-stakes situation.
You were seriously injured. Significant medical bills, surgery, missed work, or permanent limitations require experienced legal representation.
The at-fault driver is uninsured or has minimum coverage. UM/UIM claims are complex and require strategy.
You already gave a statement and think you said something wrong. An attorney can try to minimize the damage, but only if they get involved quickly.
You're feeling pressured or confused. If something feels off about how the insurance company is handling things, trust your instincts.
What Happens When You Hire An Attorney
When you retain a personal injury lawyer:
All communication with insurance companies goes through your attorney. You stop talking to adjusters entirely. They contact your lawyer. Your lawyer handles all negotiations.
Your attorney investigates and gathers evidence. Police reports, medical records, witness statements, photos, expert opinions—everything needed to build your case.
Your attorney negotiates from a position of strength. Insurance companies take lawyers seriously because they know the attorney understands what the case is worth and will file a lawsuit if necessary.
You make the final decisions. Your lawyer advises, but you decide whether to accept settlement offers or proceed to trial.
Most personal injury attorneys (including us) work on contingency—you don't pay unless you recover compensation.
The Bottom Line
Insurance adjusters are trained professionals. They ask questions that sound innocent but are strategically designed to reduce or eliminate your claim.
You are not required to answer those questions. You are not required to give recorded statements to the other driver's insurance company.
The safest approach:
Politely decline to give a detailed statement
Provide only basic factual information
Consult with an attorney before saying anything substantive
Route all communication through your lawyer once you hire one
What you say in the first 72 hours can determine whether you recover fair compensation or lose your claim entirely.
Say less. Document more. Get help before you make statements you can't take back.
Next Steps
If the other driver's insurance company has contacted you, or if you're unsure what to say or do next, we can help.
At Valor Injury Law, we've represented car accident victims throughout Northern Virginia, DC, and Maryland for over a decade. We understand how insurance adjusters operate, and we can guide you through every interaction to protect your rights.
📞 Call (703) 828-0051 for a free consultation
We'll review:
What the insurance company has said or asked
Whether you should give them any statement
How to protect yourself going forward
Whether you need legal representation
No pressure. No legal jargon. Just honest answers about how to handle the situation you're facing right now.
Valor Injury Law represents car accident victims throughout Northern Virginia, DC, and Maryland. We focus exclusively on personal injury cases and understand how to protect clients from insurance company tactics in the critical first days after an accident.
Disclaimer: This post is for general information only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes.