If you’ve just been in a car accident, your phone is going to ring . . . and it will ring FAST. But the first call you get won’t be from your doctor or your own insurance company. It’ll be from the other driver’s insurance adjuster, sounding friendly, helpful, and concerned.
They’ll say, “We just need your side of the story.”
At times, they reassure you that it’s routine.
They will act like they’re trying to help.
But here’s the truth:
That phone call can cost you thousands of dollars long before you ever step inside a courtroom.
I’m Brandon Osterbind, a personal injury lawyer in Lynchburg, Virginia. I’m going to break down one of the questions I get more than any other:
Should you talk to the insurance adjuster after a car crash?
The short answer: No.
Insurance Adjusters Call Early for a Reason
These companies move quickly after a crash. Sometimes they call the same day, sometimes within hours.
Why the rush?
Because they want your statement before you understand these four things:
- The full extent of your injuries
- How the crash actually affected your body
- What treatment you may need
- What details you remember clearly
Right after an accident, adrenaline is high and clarity is low. You might still be in shock. You might say things that downplay your pain:
- “I’m doing okay.”
- “Maybe I didn’t see them.”
- “I’m not sure if I’m hurt yet.”
To an adjuster, those words are GOLD. They will use them later to minimize your claim or suggest your injuries aren’t serious.
What Virginia Law Actually Says About These Statements
There’s a specific Virginia statute that deals with statements made after an accident: Virginia Code § 8.01-404. This law explains when a prior statement can be used in court to challenge your testimony — and when it cannot.
Here’s the key part:
Written statements, affidavits, or recordings made after a crash generally cannot be used to contradict you in court unless you were given the chance to review and correct them.
That sounds protective, but there’s a major catch.
Insurance adjusters never ask for written statements. They always ask for recorded statements. And the reason is simple:
- Recorded statements are not reviewable
- They are not correctable
- And they are usually not admissible in court under § 8.01-404
So you might think, “If they can’t use it in court, what’s the harm?”
A lot.
Even though the recording itself usually can’t be played in front of a jury, the adjuster can still do two major things to jeopardize your case:
- Ask you questions later based on what you said, and
- Use your recorded words during negotiations, where most cases are actually resolved
In other words, the recording can still damage your case — just not in the way people expect.
What the Virginia Supreme Court Said in Ruhlin v. Samaan
The Virginia Supreme Court addressed this exact issue in Ruhlin v. Samaan, 282 Va. 371 (2011), a case that shows how recorded statements can still damage your personal injury case even when the actual recording isn’t admissible.
Here’s what happened in Ruhlin:
- Shortly after the accident, the injured person gave a recorded statement to the insurance adjuster.
- In that statement, he downplayed his injuries and described the accident in a way that later conflicted with his testimony.
- At trial, the defense wanted to use that recorded statement to challenge his credibility.
Virginia Code § 8.01-404 generally prevents written or recorded statements from being admitted to contradict a witness unless the witness had the opportunity to review and correct them. Because recorded statements aren’t reviewable, the Court held that the recording itself could not be played for the jury.
But here’s the critical point:
Even though the recording wasn’t admissible, the defense was still allowed to cross-examine him about what he told the adjuster.
And that matters, because the Court made two things very clear:
- They cannot introduce the recording or transcript into evidence.
- They can ask you about the things you said in that conversation.
That means the adjuster’s questions — and your answers — can still be used to:
- Suggest inconsistencies,
- Undermine your credibility, and
- Reduce the value of your claim during negotiations.
And remember:
Most cases resolve in negotiations, not in a courtroom.
So even if the recording never gets played for a jury, what you said on that early phone call can absolutely be used against you — and it often is.
What You Should Say When the Adjuster Calls
This part is simple. When the adjuster asks for a statement, say:
“I’m not comfortable giving a statement. I am seeking legal advice.”
That’s it.
You don’t owe them:
- Explanations
- Justifications
- Clarifications
- Details about your injuries or the crash
You have zero obligation to talk to the at-fault driver’s insurance company.
Your own insurance company is different — you usually must cooperate as part of your policy. But the at-fault insurer?
You don’t owe them a single word.
If you aren’t sure which company is calling, or whether you are required to speak to them, reach out to us. Many companies share names or parent companies, and people get confused.
Why Staying Silent Protects Your Case
In the early days after a crash:
- Injuries often worsen
- Pain reveals itself slowly
- Treatment plans evolve
- You don’t yet know the full picture
Insurance companies know this. That’s why they try to lock you into a story immediately. Once your words are recorded, they will use them to push for a low settlement later.
Silence is not rude.
Silence is protection.
Final Thoughts: Don’t Face the Insurance Company Alone
If you’ve been injured in a car accident in Virginia, you don’t have to battle the insurance company by yourself. Their adjusters handle these calls every single day. They know what to ask, how to ask it, and how to use your words to reduce your claim.
My team and I handle adjusters daily. We know their tactics. We know how to protect your case from the very first phone call. That’s why we’ve become experts, so you can focus on healing, not fighting.
If you need help, reach out. We’re here for you.
Feel free to watch our YouTube video “Should I Talk to the Insurance Adjuster” where I explain this same topic in a little bit easier-to-understand format.
