After a car accident in New Jersey, you may hear from an insurance adjuster before you fully understand what happened, how badly you are injured, or what your claim may be worth. Knowing how to respond can help you avoid unnecessary mistakes during the early stages of the New Jersey personal injury claims process.
The most important distinction is which insurance company is calling. You generally do not have the same obligations to the other driver's insurer that you may have to your own insurance company. While you usually are not required to give the opposing liability insurer a recorded statement, your own policy may require you to provide information and reasonably cooperate with its investigation.
When speaking with an adjuster, focus on accurate information you actually know. Avoid guessing about fault, speed, distances, diagnoses, or how long your injuries will last. If you do not know an answer, it is better to say so than to offer an estimate that later turns out to be wrong.
Key Takeaways: Answering Insurance Adjuster Questions in New Jersey
- Which insurer is asking matters: You generally have more freedom to limit conversations with the other driver's insurer, while your own policy may require reasonable cooperation with your carrier's investigation.
- A recorded statement is not always required: You generally do not have a contractual obligation to provide a recorded statement to the opposing driver's insurer, although refusing to provide information needed to investigate your claim can affect the insurer's willingness to settle it.
- Stick to what you know: Do not guess about speed, distances, fault, injuries, or other details you are uncertain about.
- Do not minimize your injuries: If you are still being evaluated, say that rather than declaring that you are "fine" or guessing about your diagnosis.
- Be cautious about fault: New Jersey follows a modified comparative negligence rule, so statements about your own conduct can become important if fault is later disputed.
- Your own insurer is different: Review your policy before refusing requests for information, documents, a recorded statement, or an examination under oath from your own carrier.
What Can You Safely Tell the Other Driver's Insurance Adjuster?
When the other driver's insurer contacts you, you can generally provide basic factual information without giving a detailed opinion about the accident or your injuries.
That may include:
- Your name and contact information.
- The date, approximate time, and location of the crash.
- The vehicles involved.
- Basic information about where the vehicles were traveling.
- Whether you sought or are currently receiving medical care.
- Information about vehicle damage and where the vehicle can be inspected.
The important distinction is between providing facts you know and speculating about facts you do not.
For example, if you do not know how fast another vehicle was traveling, do not guess. If doctors are still evaluating your injuries, you can say that your medical condition is still being assessed. If you do not know who ultimately caused the collision, you do not need to offer a legal conclusion during the first phone call.
Insurance adjusters commonly ask about identifying information, the basic sequence of the crash, vehicle damage, and preliminary information about your medical condition.
Keep your answers concise and accurate. If you do not have requested information available, you can say that you will provide it later.
What Should You Avoid Saying to an Insurance Adjuster?
Statements made shortly after a crash may later be compared with police reports, witness accounts, photographs, medical records, or testimony.
For that reason, avoid statements that assign fault to yourself when you do not yet have all the facts. Do not say that you were distracted, driving too fast, failed to see another vehicle, or otherwise caused the collision unless you are providing an accurate and necessary factual account.
Similarly, avoid guessing about what the other driver was doing. Stick to what you actually observed.
An ordinary expression of concern or sympathy does not automatically establish legal negligence. However, there is little benefit in speculating about responsibility during an early insurance call. Statements that appear to accept fault may later be considered along with other evidence in the case. Learn more about common mistakes after a New Jersey car accident.
If you are unsure of an answer, responses such as "I don't know," "I don't remember," or "I don't have that information yet" are appropriate when they are truthful.
Do You Have to Give a Recorded Statement After a New Jersey Car Accident?
Whether you need to provide a recorded statement depends largely on which insurance company is requesting it.
You generally do not have a contractual obligation to provide a recorded statement to the other driver's liability insurer. However, if you are asking that insurer to voluntarily pay your claim, it must be able to investigate liability, damages, and whether your injuries were caused by the crash.
That means completely refusing to provide relevant information can make the claims process more difficult.
If the opposing insurer asks for a recorded statement, you can ask:
- Whether the statement must be recorded.
- What information the insurer needs to evaluate the claim.
- Whether requested information can be provided through documents or in writing instead.
- Whether you can respond after obtaining legal advice.
Your own insurance company is different. Auto policies commonly include provisions requiring insured people to cooperate with the insurer's investigation. Depending on your policy and the type of claim, that can include providing documents, answering questions, giving a recorded statement, or appearing for an examination under oath.
Before refusing a request from your own insurer, review the policy or speak with an attorney about your obligations.
How Should You Answer Questions About Your Injuries?
One of the easiest mistakes to make after a crash is giving a definite answer about your health before you know the full extent of your injuries.
Some accident-related symptoms are immediately obvious, while others become clearer after medical evaluation or over the following days. You do not need to diagnose yourself for the insurance adjuster.
Instead, describe only what you actually know.
For example, you can accurately explain that you are experiencing certain symptoms, that you went to the emergency room, or that you are continuing to receive treatment. If doctors are still evaluating your condition, say so.
Avoid saying you are completely uninjured simply because you feel relatively well immediately after the crash. Likewise, do not exaggerate symptoms or predict medical outcomes that no doctor has established.
As treatment progresses, medical records provide more reliable information about your condition than an early verbal description.
Your ability to recover compensation for pain and suffering may also depend on the auto insurance lawsuit option that applies to you. If you are subject to New Jersey's Limitation on Lawsuit option, you generally must establish one of the qualifying categories of injury before recovering noneconomic damages. Learn more about New Jersey's serious injury threshold.
Should You Discuss Fault With the Insurance Adjuster?
Be careful about making conclusions regarding fault during an initial insurance call.
New Jersey follows a modified comparative negligence rule under N.J. Stat. § 2A:15-5.1. Your damages may be reduced according to your percentage of negligence.
Recovery is generally barred if your negligence is greater than the negligence of the defendant or greater than the combined negligence of the defendants from whom you seek recovery.
For example, if you are found 20% responsible for a crash and your damages are valued at $100,000, your recoverable damages may be reduced to $80,000. If your share of negligence exceeds the legally permitted level, you may be barred from recovering from the responsible defendant or defendants.
Because of these rules, avoid guessing about who caused the accident during an early adjuster call. Liability may depend on:
- Vehicle damage.
- Photographs or video.
- Witness statements.
- Traffic laws.
- Police reports.
- Road and weather conditions.
- Electronic or vehicle data.
- Other physical evidence.
A casual statement made before this evidence is reviewed does not necessarily tell the full story.
Learn more about shared fault in New Jersey car accidents.
What if Your Own Insurance Company Is Asking Questions?
Your relationship with your own insurer is governed in part by your insurance policy.
Unlike the opposing driver's insurer, your own carrier may have a contractual right to request information that is reasonably necessary to investigate a claim. That can include questions about the accident, medical treatment, vehicle damage, or other insurance coverage.
Depending on the policy, you may also be required to provide supporting documents or participate in a recorded statement or examination under oath.
That does not mean you should guess, speculate, or give inaccurate answers. The same basic rule still applies: answer truthfully and carefully, and say when you do not know something.
If you are uncertain whether a request is required under your policy, consider obtaining legal advice before refusing it.
New Jersey Accident Reporting Requirements and Filing Deadlines
Communicating with an insurer is only one part of what may be required after a New Jersey car accident.
New Jersey law generally requires drivers to promptly notify law enforcement of a crash involving injury, death, or damage to the property of any one person exceeding $500.
Additional reporting requirements may also apply.
| Action Required | Applicable Circumstances | General Deadline |
|---|---|---|
| Immediate Police Notification | Injury, death, or property damage to any one person exceeding $500 | Notice by the quickest means of communication under N.J.S.A. 39:4-130 |
| Written Accident Report | A qualifying crash when a law-enforcement officer does not submit the required written report | Generally within 10 days |
| Personal Injury Lawsuit | Claim seeking damages for bodily injury | Generally within two years after the claim accrues, subject to exceptions |
| Property Damage Lawsuit | Claim seeking compensation for damage to personal property | Generally within six years |
Different deadlines can apply depending on the identity of the defendant and the circumstances of the claim.
For example, claims against public entities or public employees may be subject to New Jersey Tort Claims Act requirements, including a notice of claim generally required within 90 days of accrual.
Because statutes of limitation and notice rules can contain exceptions, shorter deadlines, and special procedures, do not assume that every car accident claim follows exactly the same timetable.
Should You Accept an Early Settlement Offer?
An insurer may make a settlement offer before your medical treatment is complete or before the long-term impact of your injuries is fully understood.
An early settlement is not automatically unfair or inadequate. However, accepting an offer before you reasonably understand your future medical needs, lost income, and other damages can create risk.
Once you accept a settlement and sign a valid release, you generally cannot later seek additional compensation from the released parties for claims covered by that agreement simply because your condition becomes worse.
Before accepting a settlement, consider whether you understand:
- Your diagnosis and current treatment needs.
- Whether additional treatment is expected.
- Your past and anticipated medical expenses.
- Lost wages or diminished earning ability.
- The impact of the injuries on your daily life.
- Whether the offer requires you to release additional claims or parties.
A New Jersey personal injury attorney can review the proposed settlement and explain the effect of any release before you sign it.
Frequently Asked Questions About Insurance Adjusters After a New Jersey Car Accident
Can an Insurance Adjuster Use My Statements Against Me?
Statements you make to an insurance adjuster can become part of the insurer's claim file and may later be compared with medical records, police reports, witness statements, or testimony. That is why it is important to answer accurately and avoid guessing about facts you do not know.
Do I Have to Give the Other Driver's Insurer a Recorded Statement?
You generally do not have a contractual duty to provide the opposing liability insurer with a recorded statement. However, if you are pursuing a claim with that insurer, it needs sufficient information to investigate liability and damages. You can ask whether the statement must be recorded or seek legal advice before giving a detailed account.
Do I Have to Cooperate With My Own Insurance Company?
Your insurance policy may require you to reasonably cooperate with your own insurer's investigation. Depending on the policy and claim, that may include supplying documents, answering questions, giving a statement, or participating in an examination under oath.
What Happens if I Admit Partial Fault?
Partial fault does not automatically prevent recovery in New Jersey.
Your compensation may be reduced according to your percentage of negligence. However, if you are ultimately found more negligent than the defendant—or more negligent than the combined defendants from whom you seek recovery—New Jersey's comparative negligence law may bar recovery from those defendants.
What Should I Say if I Don't Know the Answer to an Adjuster's Question?
Say that you do not know.
You should not guess about speeds, distances, medical diagnoses, fault, or any other fact you are uncertain about. A truthful statement that you do not know or do not yet have the information is better than providing an estimate that later conflicts with other evidence.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You
After a New Jersey car accident, dealing with insurance companies can become complicated quickly. The questions you are asked—and the information you provide—can affect how an insurer evaluates fault, injuries, and compensation.
At Brandon J. Broderick, Attorney at Law, our team helps injured people understand their rights, communicate with insurance companies, and pursue compensation after serious accidents.
You do not have to navigate the claims process alone. Our team is available 24/7 to discuss what happened and explain your legal options. Contact us today for a free, no-obligation consultation.