What Not to Say to Insurance After a Van Nuys Car Accident
After a car accident in Van Nuys, the insurance company will call. When they do, what you say matters more than most people realize. A single sentence, said casually or out of politeness, can reduce your settlement by thousands of dollars or give the adjuster grounds to deny your claim entirely. This isn't about being paranoid. It's about understanding that the person on the phone is not trying to help you. They're trying to close your file for as little as possible.
Here are the specific things you should never say.
"I'm Fine" or "I Feel Okay"
This is the most common mistake. Someone asks how you're doing and you say "I'm fine" because that's what polite people say. The adjuster notes it. Weeks later, when your neck pain hasn't gone away and your doctor orders an MRI that shows a herniated disc, the adjuster pulls your statement and argues that you said you were fine, suggesting your injuries aren't from this accident.
The reality is that many car accident injuries, especially soft-tissue injuries, whiplash, and disc herniations, don't present fully for days or weeks after the crash. If you went to Valley Presbyterian Hospital's emergency room on Vanowen St the night of the crash and they told you to follow up if symptoms persisted, your body is still in the process of showing you the damage. Saying "I'm fine" before you know the answer is handing the adjuster a weapon.
What to say instead: "I'm receiving medical treatment and my doctors are still evaluating my condition."
"It Was Partly My Fault" or "I Could Have Avoided It"
California's comparative fault system means your compensation is reduced by your percentage of fault. If you tell the adjuster "I probably could have braked sooner" or "I should have seen them coming," you've just admitted fault on a recorded or noted conversation. The adjuster will attribute a higher fault percentage to you based on your own words.
Even at a clear-liability crash scene, like getting rear-ended on the 405 near the Sherman Way exit, don't speculate about what you could have done differently. The other driver hit you. That's the relevant fact. Let the evidence, the police report from CHP or LAPD Van Nuys Division, the vehicle damage patterns, and any camera footage, determine fault. Don't do the adjuster's job for them.
What to say instead: Nothing about fault. If asked, say: "I'd prefer not to discuss the details of the accident without my attorney present."
"I Don't Have a Lawyer" or "I Haven't Talked to a Lawyer Yet"
When the adjuster hears you don't have legal representation, they know they can move faster, push harder, and offer less. Unrepresented claimants accept lower settlements. That's not opinion; it's insurance industry data. Telling an adjuster you're unrepresented signals that you're negotiating without leverage.
You don't have to lie. But you don't have to volunteer this information either. If asked directly, you can say: "I'm evaluating my options and may consult with an attorney." That's honest and it changes the adjuster's calculus immediately.
"I Accept Your Offer"
The first offer from the other driver's insurance company is almost never their best offer. It's a starting point designed to close the file quickly and cheaply, usually before you know the full extent of your injuries or your medical bills. Once you accept and sign a release, the case is closed permanently. You cannot reopen it if your condition worsens, if you need surgery, or if you realize the offer didn't cover your future treatment.
Van Nuys residents dealing with medical bills from Valley Presbyterian Hospital, lost wages from missed work, and ongoing pain are understandably tempted by a quick check. That urgency is exactly what the adjuster is counting on.
What to say instead: "I need time to fully understand my medical situation before making any decisions about settlement."
"You Can Access All My Medical Records"
Adjusters frequently ask you to sign a blanket medical authorization. This gives them access to your entire medical history, not just records related to the crash. They're looking for pre-existing conditions they can use to argue your current injuries aren't from this accident. A prior back complaint from five years ago becomes their argument that your current back pain is a pre-existing problem, not a crash injury.
You should never sign a broad medical release. Your attorney can provide relevant medical records, the ones directly connected to the accident and your treatment, without giving the insurer a free pass to your entire health history.
"I Think My Injuries Aren't That Bad"
Minimizing your own injuries is a natural impulse. You're trying to be reasonable, or you're comparing yourself to someone with worse injuries and feeling like yours don't count. The adjuster will take your minimization at face value and use it to justify a lower offer.
The truth is, you don't know yet how bad your injuries are. Soft-tissue injuries from crashes on Van Nuys Blvd or Victory Blvd can seem minor initially and develop into chronic pain conditions that affect your ability to work and live normally. Let your doctors make the medical assessment. Your job is to get treated, not to diagnose yourself on the phone with an insurance company.
Recorded Statements: The Whole Conversation Is Dangerous
If the other driver's insurer asks for a recorded statement, the best answer is no. Every single phrase listed above becomes more damaging when it's on tape. A recorded statement locks your words in place and can be used against you in settlement negotiations or at trial at the Van Nuys Courthouse.
You are not legally required to give a recorded statement to the other driver's insurance company. They may imply it's necessary to process your claim. It isn't. Tell them you decline to provide a recorded statement and that you may seek legal counsel. A Van Nuys car accident attorney can handle all communication with the other driver's insurer going forward.
What You Should Say
Keep it simple. Provide basic facts to your own insurer: date, time, location of the crash, and the police report number. Do not elaborate, speculate, or editorialize. If the other driver's insurer calls, you can simply say:
"I was in an accident. I'm receiving medical treatment. I'm not prepared to discuss the details or provide a statement at this time. I may consult with an attorney."
That's it. You're being truthful, you're cooperating to the extent required, and you're protecting your claim from statements that could undermine it.
L&F Brown represents car accident victims across Van Nuys. If the insurance company is calling and you're not sure what to say, visit our Van Nuys personal injury page or call us. We'll handle the calls so you don't have to.
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