You’re sore, your car is damaged, and you’re trying to sort out medical appointments and work. Then the phone rings. It’s an adjuster from the other driver’s insurance company, and they sound friendly, concerned, and eager to “get your side of the story.”
That call feels routine, but it is one of the most important moments in your claim. What you say (and don’t say) can affect how much you recover, or whether you recover anything at all.
Here is what Utah drivers should know before picking up the phone.
Remember: The Other Driver’s Insurer is Not on Your Side
An insurance adjuster may be polite, but their job is to protect their company’s bottom line. That means finding reasons to pay you less, or nothing. Every conversation is an opportunity to collect statements they can use to reduce or deny your claim.
This matters even more in Utah because of how fault works here.
Why Your Words Matter Under Utah Law
Utah’s comparative fault rule. Under Utah Code 78B-5-818, your compensation is reduced by your percentage of fault, and if you are found 50% or more at fault, you can’t recover damages from the other party at all. An offhand comment like “I didn’t see him until the last second” can be twisted into an argument that you share the blame. Adjusters know this, and they listen for it.
Utah’s no-fault system. Utah is a no fault state for initial medical costs. Your own Personal Injury Protection (PIP) coverage pays first, regardless of who caused the crash (Utah Code 31A-22-307). To pursue a claim for pain and suffering and other damages against the at-fault driver, you generally need to meet the thresholds in Utah Code 31A-22-309, such as medical expenses exceeding $3,000 or a permanent impairment, disfigurement, or dismemberment. Statements downplaying your injuries or your treatment can make that harder to prove.
Your statements can be used against you. Under Utah Rule of Evidence 801(d)(2), a party’s own statements can be offered against them in court. A casual comment to an adjuster, especially a recorded one, can resurface months later.
Do You Have to Talk to the Other Driver’s Insurance Company?
Generally, no. You have no legal obligation to give the at-fault driver’s insurer a recorded statement or to discuss your injuries with them.
Your own insurance company is different. Your policy likely requires you to cooperate with them, so be honest and prompt with your own insurer. But cooperating with your insurer is not the same as chatting with the other side’s adjuster.
You can politely decline, or you can keep the call brief and limited to basic facts. Either way, you are in control of the conversation.
What You CAN Safely Say
Keep it short, factual, and boring. It is fine to provide the following:
- Your full name and contact information
- Your insurance company and policy information
- The date, time, and location of the accident
- Your vehicle’s make, model, and where it can be inspected
- The fact that you are receiving medical treatment (without describing your injuries in detail)
It’s also smart to say:
- “I’m still getting medical treatment, so I can’t say yet how I’ve been affected.”
- “I’m not comfortable giving a recorded statement right now.”
- “Please send me your name, phone number, email, and the claim number, and I’ll follow up.”
- “If you need more information, please contact my attorney.” (Once you have hired one, the adjuster should communicate through your Utah car accident lawyer.)
Ask to communicate by email or letter when possible. A written record will help to protect you from misquotes and “he said, she said” disputes later.
What Not to Say (and Do)
- Don’t apologize or admit fault
It’s natural to say “I’m so sorry this happened,” but adjusters may treat it as an admission. Avoid statements like “I should have been more careful” or “I looked away for a second.” Stick to facts, not conclusions about who was to blame.
- Don’t say “I’m fine” or “I’m not hurt”
Many injuries, including whiplash, concussions, and soft tissue damage, don’t show full symptoms for days or even weeks. If you tell an adjuster you’re fine and later need months of treatment, they will point to that statement. Say instead that you are still being evaluated.
- Don’t guess or speculate
Don’t estimate speeds, distances, or timing. Don’t theorize about what the other driver was doing. If you don’t know something, say “I don’t know.” A guess can become an inconsistency later and harm your case.
- Don’t Discuss your medical history or prior injuries
Adjusters often ask about previous injuries, prior claims, or pre-existing conditions to argue your pain isn’t from this crash. You don’t need to volunteer this information on an informal call.
- Don’t sign a blanket medical authorization
An insurer may ask you to sign a broad release for all of your medical records. That can give them access to your entire health history, going back years, which they can use to dispute your claim. Talk to a lawyer before signing anything like this.
- Don’t accept a quick settlement offer
Early offers can look tempting, especially with bills piling up. But when you accept a settlement and sign a release, you typically give up the right to any further compensation, even if your injuries turn out to be worse than expected. You shouldn’t settle until you know the full extent of your medical care, lost income, and long-term side effects.
- Don’t Post about the accident on social media
Insurers routinely check social media. A photo from a weekend hike or a post saying you’re “doing okay” can be used to argue your injuries aren’t serious. It’s best to stay off social media about your accident and your recovery.
When Should You Call a Utah Car Accident Lawyer
Consider talking to a Utah car accident lawyer before you give any statement to an insurance company if:
- You were injured, especially if you needed ER care, imaging, or ongoing medical treatment
- Fault is disputed, or the other driver’s insurer is blaming you
- The adjuster is pushing for a recorded statement or a signed release
- You’ve received a settlement offer and aren’t sure if it’s fair
- The at-fault driver is uninsured or underinsured
- A government vehicle or entity was involved
A good Utah lawyer will handle the insurance company for you. They will handle negotiations, communication, and building your case so you can focus on healing and recovery.
Injured in a Utah Crash? Talk to LifeLaw Trial Lawyers First
At LifeLaw Trial Lawyers, we help injured people across all of Utah, from Salt Lake City to St George. Our team of skilled Utah car accident lawyers deal with insurance companies every day, we know how they operate and what you should and should not say to them.
Our Utah car accident lawyers work on a contingency fee basis, which means that you pay nothing unless we win your case. Before you return that adjuster’s call, consider reaching out to our team of experts to discuss your case. Give us a call at 801-206-4002 or fill out a contact request on our website. We will go through your case with you, what your options are, and fight for the compensation you deserve. Let our car accident lawyers help you.