Dealing With Insurance Adjusters After a California Crash
Soon after a crash, an insurance adjuster often calls, friendly and eager to help. It is worth remembering that their job is to resolve your claim for as little as possible — and what you say early can affect everything that follows.
Be careful with recorded statements
Adjusters often ask for a recorded statement early, before you know the full extent of your injuries. You are usually not required to give one to the other driver's insurer, and doing so before you have advice can lock you into words that are later used to minimize your claim.
What not to say
Avoid guessing, downplaying your injuries ('I'm fine'), admitting fault, or agreeing to a quick settlement. Even innocent-sounding comments can be taken out of context. Stick to the basic facts, and do not speculate about what happened or how hurt you are.
Why quick offers are usually low
An early offer often arrives before your injuries are fully known, and accepting it typically closes your claim for good. What feels like a helpful, fast resolution can leave real losses uncovered. It is worth understanding your claim before agreeing to anything.
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Frequently asked questions
Do I have to give the insurance company a recorded statement?
Usually not to the other driver's insurer, and often not before getting advice. A recorded statement given early can be used to minimize your claim, so it is wise to be cautious.
What should I not say to an adjuster?
Avoid admitting fault, guessing about what happened, downplaying your injuries, or accepting a quick offer. Stick to basic facts and do not speculate — innocent comments can be used against you.
The adjuster seems friendly and helpful. Is that a problem?
Not personally, but remember their job is to limit what the company pays. Being polite is fine; being careful about what you share and sign is what protects your claim.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related car accident types
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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