Called by an Insurance Adjuster After a Fatal Crash? Know What to Say.

If you’re asking what to say to an insurance adjuster after a fatal crash in California, here’s the short answer. Confirm the basic facts, ask for everything in writing, and don’t guess about how the crash happened.

An adjuster works for an insurance company. Your family is grieving, and these calls can come fast, often before you’ve had time to think. This page explains what to say, what to avoid, and what to ask for before you respond further.

Who the Insurance Adjuster Works For

An insurance adjuster works for the insurance company, not for your family. Their job is to evaluate and resolve the claim for the insurer.

The call may come from three places. The at-fault driver’s liability insurer is the most common caller. The insurer of the other vehicle may reach out too. Your family’s own insurer may call as well. Each company acts in its own interests.

Anything you say early becomes part of the claim file. It can be quoted back to you later, even if you meant it casually.

California law treats sympathy differently from fault. Under Cal. Evid. Code § 1160, expressions of sympathy or benevolent gestures relating to the pain, suffering, or death of a person involved in an accident, made to that person or to the family of that person, are not admissible as evidence of an admission of liability in a civil action. A statement of fault is not protected, even when it comes with sympathy.

You may be grieving while you’re asked to recount the crash. Pausing before you answer is a reasonable step.

Should I Tell the Insurance Company About the Accident?

You can confirm basic facts, such as the date, the location, and that someone died. You don’t have to give a full account on the first call.

Reporting that a crash happened is different from explaining how it happened. A full account covers speed, distraction, lane position, signals, and the order of events. That is where fault gets decided, and where early mistakes happen.

Families often hesitate for a good reason. Crash details are often rebuilt later, using the police report, photos, and witness statements. The first accounts may be incomplete while the investigation is still open.

California also sets a reporting duty for drivers. Under Cal. Veh. Code § 16000, a driver in a crash on a street or highway that causes damage to any one person’s property over $1,000, or injury, or death, must generally report it within 10 days, though no report is required if the vehicle was owned or leased by, or under the direction of, the United States, this state, another state, or a local agency. The driver can report personally or through an insurance agent, broker, or legal representative. That report goes to the state, not to the insurer.

Before any further talk, ask for the adjuster’s full name, direct phone number, the claim number, and the policy number. Ask that every request come in writing. Written requests create a record you can check later.

What to Say to the Insurance Adjuster

Keep the first call short and factual. Give your name, your relationship to the person who died, and the date and place of the crash. Then say you are gathering information.

A simple script works well: “I’m calling about my husband’s accident on [date] in [place]. I can confirm those details. I’m not ready to discuss how the crash happened. Please send your requests and the claim number in writing.”

If the adjuster presses for more, say you want to speak with a lawyer first. That is a clear and reasonable answer. It also keeps you from guessing under pressure.

Keep a simple log of every call. Write down the date, the time, who called, what they asked for, and what you said. Store letters and emails in one folder. The log is your own record if a dispute comes up later.

Ask what documents the insurer needs before you answer anything more. A written list lets your family decide what to send and when.

What Not to Say to an Insurance Adjuster

Don’t guess about fault, speed, distance, or right of way. Phrases like “I think” or “maybe” can be quoted later as if they were firm admissions.

That is why even a casual remark about fault can matter.

Don’t describe the person’s activities or choices before the crash. Don’t speculate about what they could have done differently.

Don’t summarize medical details or the cause of death beyond what your family has been officially told. Send those questions back to the records your family has received.

Don’t agree to a settlement amount, accept a payment, or sign a release during a phone call.

Sympathy is not the same as fault. “I’m so sorry for your loss” expresses sympathy. “I should have been paying more attention” is a statement of fault. Keep your words to the first kind.

Recorded Statements and Signing Papers

A recorded statement is a conversation the insurer records. It may use that recording to evaluate the claim later.

Ask at the start whether the call is being recorded. Ask what the statement is for, and request the questions in writing before you answer.

A family member can say they want to reschedule. Many families do this after reviewing the crash report or speaking with a lawyer.

Insurers often send forms. Common ones include medical authorizations, questionnaires about prior claims, and releases. Read each one before you sign it. A release can close off further claims, so it deserves careful review.

Ask which records a medical authorization covers and for which dates. A narrow request is easier to understand than a broad one. Keep signed copies, and note the date you sent each one.

The Other Driver’s Insurer and the Family’s Own Policy

The at-fault driver’s liability insurer represents its own insured, not your family. That company is usually the one that calls first.

Your family’s own auto policy may include uninsured or underinsured motorist coverage. (California Department of Insurance guide) That coverage matters most when the at-fault driver is unidentified or lacks adequate insurance.

Under Cal. Ins. Code § 11580.2, a claim involving an unidentified driver has strict conditions. Under Cal. Ins. Code § 11580.2, one condition is that the bodily injury has arisen out of physical contact of the automobile with the insured or with an automobile that the insured is occupying. Under Cal. Ins. Code § 11580.2, the insured or someone on the insured’s behalf must report the accident within 24 hours to the police department of the city where it occurred (or, in unincorporated territory, to the county sheriff or the local California Highway Patrol headquarters), and must file a statement under oath with the insurer within 30 days thereafter. Cal. Ins. Code § 11580.2 reads: “As used in this section, “uninsured motor vehicle” shall not include a motor vehicle owned or operated by the named insured or any resident of the same household or self-insured within the meaning of the Financial Responsibility Law of the state in which the motor vehicle is registered or that is owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing, or a land motor vehicle or trailer while located for use as a residence or premises and not as a vehicle, or any equipment or vehicle designed or modified for use primarily off public roads, except while actually upon public roads.”

The same section says the policy must provide that whether the insured is legally entitled to recover damages, and the amount, is decided by agreement between the insured and the insurer. If the parties disagree, the policy provides for arbitration before a single neutral arbitrator.

Check the crash report for the names of the drivers and vehicles. That helps your family see which insurers are involved. Requests from your family’s own insurer still need the same careful review.

What California Requires Insurers to Do

California’s Insurance Code lists unfair claim practices that insurers must avoid. Cal. Ins. Code § 790.03 defines as unfair and deceptive acts or practices in the business of insurance knowingly committing or performing, with such frequency as to indicate a general business practice, any of the listed unfair claims settlement practices, including misleading a claimant as to the applicable statute of limitations.

Under Cal. Ins. Code § 790.03, the listed practices include not attempting in good faith to make prompt, fair, and equitable settlements when liability is reasonably clear. Under Cal. Ins. Code § 790.03, misleading a claimant as to the applicable statute of limitations is one of the unfair claims settlement practices listed in subdivision (h), which applies when the practice is knowingly committed or performed with such frequency as to indicate a general business practice.

Your family can use this list to ask for clear answers in writing. Ask the adjuster which policy provisions it relies on for any denial or reduction. Keep those letters in the claim file.

Don’t rely on an adjuster’s timeline for a lawsuit deadline. Under Cal. Code Civ. Proc. § 335.1, an action for a death caused by another’s wrongful act or neglect generally must be brought within two years.

The statute Cal. Code Civ. Proc. § 377.60 also names who may bring a wrongful death claim. Those groups include a surviving spouse, domestic partner, and children, among others. Family roles matter when the claim is brought. (California Victim Compensation Board eligibility)

Frequently Asked Questions

Talk With Colvin Accident Lawyers Before You Respond Further

If a request for a recorded statement or a stack of forms arrived while you’re still arranging a funeral, you don’t have to sort it out alone. Our team can help you review the calls and papers in your family’s situation.

Your first consultation is free, confidential, and comes with no obligation to continue. Colvin Accident Lawyers handles wrongful death and fatal car, truck, motorcycle, bicycle, pedestrian, and bus crash claims. Read more about wrongful death claims, or contact Colvin Accident Lawyers to schedule your free consultation.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site. Responsible attorney: Donald Norman Colvin.