In the chaotic minutes after a car accident, most people say things out of instinct or politeness. Unfortunately, certain innocent-sounding phrases can be used by insurance companies to deny or minimize your claim. Here's what to avoid saying — and what to say instead.
At the Scene of the Accident
"I'm Sorry" / "I Apologize"
This is the number one mistake. Even if you're expressing general sympathy rather than admitting fault, an apology can be used as an admission of liability. California Evidence Code § 1101 allows statements of fault to be admitted as evidence in civil proceedings.
Instead say: "Let's make sure everyone is okay and exchange information."
"I Didn't See You" / "I Wasn't Looking"
Even if true, this implies inattentiveness — a form of negligence. Insurance adjusters and defense attorneys will use this as evidence you weren't keeping a proper lookout.
Instead say: Nothing that characterizes your driving behavior. Let the evidence speak.
"I Think I'm Okay" / "I Feel Fine"
Adrenaline masks pain. Whiplash, soft tissue injuries, and even concussions often don't produce symptoms until 24–72 hours after an accident. If you say "I feel fine" at the scene and then seek medical treatment the next day, insurers will use your own words to argue your injuries weren't caused by the crash.
Instead say: "I'd like to be checked out by a doctor before I make any statements about my condition."
"It Was Just a Minor Accident"
Never characterize the severity of the accident yourself. What looks minor on the outside may involve significant forces. Vehicle damage doesn't correlate reliably with injury severity.
When Talking to Insurance Adjusters
"Sure, You Can Record This"
Do NOT give a recorded statement to the at-fault driver's insurance company without speaking to an attorney first. You are not legally required to give one. Recorded statements are used to lock you into early characterizations of your injuries before their full extent is known.
Important note: You ARE typically required to cooperate with your own insurance company after an accident — but even then, consider consulting an attorney before providing a recorded statement to your own insurer on an uninsured motorist claim.
"My Neck Has Been Bothering Me Anyway"
Mentioning pre-existing conditions casually — even in passing — gives the insurance company an argument to attribute your current injuries to a prior condition rather than the accident. This dramatically reduces settlement value. Let your attorney and doctor handle how pre-existing conditions are presented.
"I Was Going a Little Fast" / "I Was Distracted for a Second"
Any admission of minor fault — even something that seems insignificant — becomes a tool for the defense to argue comparative negligence and reduce what they owe you.
"I Don't Need a Lawyer"
This is music to an adjuster's ears. Unrepresented claimants consistently receive far less compensation than those with attorneys. Saying this to an adjuster signals that they can offer you a lowball settlement without pushback.
On Social Media
Stop posting about your accident, your injuries, or your activities on Facebook, Instagram, TikTok, or any platform. Insurance companies and defense attorneys routinely monitor social media. A single photo of you at a party or hiking after claiming serious injuries can be devastating to your case.
Best practice: Set all accounts to private and refrain from posting anything about your physical condition, activities, or the accident until your case is resolved.
What You SHOULD Say and Do
- Call 911 and report the accident
- Get the other driver's name, insurance, license plate, and contact info
- Take photos of all vehicles, injuries, road conditions, and the scene
- Get names and contact info of witnesses
- Seek medical attention within 24–48 hours
- Call an attorney before speaking to any insurance adjuster
Attorney Mark Gonzales advises you on what to say, what not to say, and how to protect your claim from day one.
📞 Call 909-587-6336