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Should You Give the Insurer a Recorded Statement After a Downey Crash?

Car Accidents · By Payam Soliemanzadeh ·

Written and reviewed by Payam Soliemanzadeh, Founder and President — Updated

Car Accident in Downey, California

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After a Downey crash the other driver's adjuster wants a recorded statement. Usually you shouldn't give one. Here's why — and what to do instead.

Within a day or two of a crash on the 5 or 605 near Downey, the other driver's insurer often calls asking for a 'quick recorded statement.' It sounds routine. It rarely helps you.

You are not required to give one

You must cooperate with your own insurer under your policy, but you are under no obligation to give the at-fault driver's insurer a recorded statement. Adjusters use these statements to lock you into early words — before you know the full extent of your injuries.

How an innocent answer gets used against you

Saying 'I'm okay' out of politeness, guessing at speeds or distances, or minimizing pain can all be replayed later to reduce your claim. Injuries that surface days afterward are harder to claim once you're on record downplaying them.

What to do instead

Report the crash to your own insurer, get medical care, keep records, and let a lawyer handle communications with the other insurer. It costs nothing to get advice before you say anything recorded.

What your own policy does require

Your policy's 'cooperation clause' means you must work with your own insurer — including, in some cases, a statement to them. Even there, it's reasonable to have counsel involved. The distinction that trips people up is simple: cooperation with your insurer is required; a recorded statement to the at-fault driver's insurer is not.

Local details for Downey

  • County: Los Angeles County
  • Where a case is filed: A Downey crash case is generally filed in the Los Angeles County Superior Court's Southeast District (Downey Courthouse).
  • Key deadline: Generally 2 years (CCP § 335.1).

Downey crashes concentrate on Interstate 5 (Santa Ana Freeway), the 605 and 105, and along Firestone and Lakewood Boulevards. Seriously injured people are often taken to St. Francis Medical Center. The two-year filing deadline keeps running while an adjuster keeps you talking.

Frequently asked questions

Do I have to give the other insurer a recorded statement?

No. You must cooperate with your own insurer, but not with the at-fault driver's insurer.

Why do adjusters want a recorded statement so fast?

To lock in your words before your injuries fully surface, so they can use them to reduce your claim later.

What should I do instead?

Report to your own insurer, get medical care, and let a lawyer handle communication with the other insurer.

Related reading

Got a call from the other driver's adjuster after a Downey crash? Talk to us before you talk to them — call California Personal Injury Attorneys at (800) 800-8910 for a free, 24/7 review.

This article is attorney advertising and provides general information only — it is not legal advice, and reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. For advice about your situation, speak with a licensed attorney.