What Not to Say to Insurance After a Calabasas Car Accident

Arya Firoozmand, Esq. — Founding Partner

Local Calabasas Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in Woodland Hills — minutes from Calabasas — graduated from El Camino Real High School and UCLA Law School, and has spent his career representing injured clients across the West Valley.

Most people who say the wrong thing to an insurance adjuster don't know they said something damaging. It happens in the first phone call, sometimes within hours of the crash. By the time they understand the impact, the statement is in the file and they've signed nothing, but the damage is done.

Here are the specific phrases that hurt Calabasas car accident claims - and what's actually happening when you say them.

"I'm Fine" or "I Don't Think I'm Hurt"

This one gets said reflexively. You're shaken, adrenaline is running, and when the other driver or the adjuster asks how you are, basic social conditioning kicks in. Don't say it.

Soft-tissue injuries from crashes on the 101 near Calabasas or on Las Virgenes Road routinely don't produce symptoms for 24 to 72 hours. Whiplash is the most common example, but herniated discs, shoulder injuries, and nerve damage can all present the same way - minimal or no pain immediately after the crash, significant pain within days. If you've already said "I'm fine" at the scene and your neck starts seizing up the next morning, you've created a gap the insurance company will exploit.

What to say instead: "I haven't been evaluated by a doctor yet." That's true and it commits you to nothing.

"I'm Sorry" or "It Was My Fault"

Apologizing at the scene of a crash is a deeply human response. It's also something that can be used against you. California is a pure comparative fault state - fault gets divided in percentages, and any percentage assigned to you reduces your recovery. A recorded apology or an admission of fault, even a partial one, hands the other driver's insurer a tool to shift that percentage.

You don't know at the scene whose fault the crash was. The LASD Lost Hills Station officer or CHP officer hasn't completed their investigation yet. Traffic patterns, signal timing, road conditions on Lost Hills Road - none of it has been analyzed. Don't admit fault before any of that has happened.

What to say instead: Say nothing about fault at the scene. Exchange information and let the investigation determine what the facts show.

"It Doesn't Seem That Bad"

Property damage and injury severity don't always correlate. A low-speed rear impact in a parking lot near Calabasas Commons can cause serious cervical injuries. A high-speed collision that totals a car can result in relatively minor injuries for some occupants and catastrophic ones for others. Saying "it doesn't seem that bad" about the crash or about your injuries is a statement that insurers will quote back to you later.

"I Was Going About [X] Miles Per Hour"

Speed estimates from memory are notoriously inaccurate, and giving a specific number - even a reasonable one - creates a record that can be compared against traffic data, accident reconstruction, and the crash dynamics. If your estimate doesn't match what the evidence shows, it creates a credibility problem. Don't speculate about speed.

Giving a Full Recorded Statement Before You've Seen a Doctor

The other driver's insurer will ask for a recorded statement. They may say it's routine or necessary to process the claim. Neither is true. You are not legally required to give the other driver's insurer a recorded statement. The purpose of that statement is to build the insurer's file, not yours.

A recorded statement taken hours or days after a crash on the 101 near Calabasas, before you know your full injury picture, is an opportunity for an experienced adjuster to generate information that limits your claim. The questions seem benign. The answers are not always harmless.

What to say instead: "I'm not going to give a recorded statement right now. Please direct any further communication to my attorney."

Accepting the First Settlement Offer

An early settlement offer from the other driver's insurer is almost never their best offer. It's typically made before your injuries are fully developed, before your medical bills are complete, and before anyone has properly evaluated the value of your claim. Once you accept and sign a release, it's permanent - even if your injuries turn out to be far more serious than they appeared at the time of the offer.

The right time to evaluate a settlement offer is after you've reached maximum medical improvement, not before. For significant injuries from a Calabasas crash, that can be months away.

When to Stop Talking and Call an Attorney

If the other driver's insurer is calling you repeatedly, asking for a recorded statement, or has already made an offer, those are signals to stop giving them information and speak with a lawyer first.

A Calabasas car accident lawyer can handle all communication with the insurance companies so you stop creating risks for your own claim. Consultations are free.

Our Calabasas personal injury attorneys are available to review your situation and tell you exactly where things stand. Call before you call the adjuster back.