The phone call usually comes within a day or two of the crash. A friendly voice from an insurance company explaining that they want to “get your statement and help resolve this quickly.” The conversation feels routine. It is anything but. Attorney Dustin has watched too many Riverside County clients lose real money because of a five-minute call they did not realize was being recorded, scripted, and analyzed. Adjusters are trained negotiators working for the company’s bottom line. An injured person dealing with pain, bills, and missed work is at a significant disadvantage in that conversation.
Mistake 1: Giving a Recorded Statement Before You Are Ready
The first request from the other driver’s adjuster is almost always for a recorded statement. The pitch sounds reasonable: “I just need to get your side of things so we can process the claim.”
What actually happens is the recording becomes a permanent piece of the case file. Anything said while still rattled, in pain, or before the full extent of injuries is known will be quoted back later. A statement on day two that the impact “wasn’t that bad” can sink a back injury claim discovered on day ten when a muscle spasm finally drives the person to urgent care.
California does not require you to give a recorded statement to the other driver’s insurance company. Decline politely and either handle communication in writing or wait until you have an attorney.
Mistake 2: Saying “I’m Fine” When Asked How You Are Feeling
The adjuster will ask, often casually, how you are doing. The instinct is to say “okay” or “fine” because that is what people say. That sentence shows up in negotiations months later, written out as evidence the injuries were exaggerated.
The honest answer in most post-crash conversations is closer to “I’m not sure yet. I’m seeing my doctor and we are still figuring things out.” Adrenaline masks injuries for the first 24 to 72 hours. Whiplash, soft tissue damage, and concussions often appear days after the crash. There is no benefit to assessing your own medical condition before the doctors have.
Mistake 3: Speculating About How the Crash Happened
Adjusters ask open-ended questions about the wreck. They want a narrative they can use to assign at least partial fault. Saying something like “I might have been going a little fast” or “I didn’t see him until the last second” hands them ammunition.
Stick to objective facts you actually know: the time, the location, the direction you were traveling, the weather. Do not guess about speeds, distances, or what the other driver was doing. If the police report has not been issued yet, do not commit to a version of events that may be contradicted later by witness statements or video.
Mistake 4: Accepting the First Settlement Offer
Quick settlement offers often arrive within the first two to four weeks. The amount typically covers the emergency room visit, maybe a few follow-up appointments, and a small amount for pain and suffering. Once signed, the release closes the claim permanently.
The problem is that injury costs are rarely clear in the first month. An MRI scheduled for week six might reveal a herniated disc requiring an epidural injection or surgery. Physical therapy that initially seemed like it would last four weeks ends up running six months. Settlements should come after the medical picture has stabilized, not before.
Mistake 5: Signing a Blanket Medical Authorization
The adjuster will send a form titled “Medical Records Authorization” or something similar. Many of these forms are written broadly enough to give the carrier access to the entire medical history, including pre-crash records, mental health treatment, and unrelated conditions.
The legitimate purpose is to verify treatment for the current injuries. The actual use is often to comb through years of records looking for anything that can be argued as the real source of the pain. Old gym injuries, a chiropractor visit from a decade ago, a routine MRI that mentioned mild degeneration. Any of it can become a defense theory. A narrow, claim-specific authorization is appropriate. A blanket release is not.
When to Bring in Attorney Dustin
Insurance adjusters are not the enemy in every interaction. They are doing their job. The mismatch is in training and incentives. A claims adjuster handles dozens of cases at once and has internal benchmarks for what to pay. An injured person handling their own claim has none of that information.A conversation with Attorney Dustin before talking to any adjuster, your own or the other driver’s, prevents the small mistakes that quietly drain case value. Once an attorney is involved, the adjusters communicate through the attorney, recorded statements stop, and the medical authorization gets narrowed. Most crash victims call after they have already made one or two of the mistakes on this list. Calling first means starting from a stronger position, and stronger positions produce better outcomes.