What Should I Know Before Talking to My Insurance Company?
Before you say a word: Insurance adjusters are trained professionals whose job is to minimize what the company pays. They are friendly, sympathetic, and patient. But they are not on your side. This applies to YOUR OWN insurance company too — especially when you are filing a UM/UIM claim.
Short answer: Report your Springfield-area accident to your own insurance company promptly, but keep it brief. Stick to basic facts. Don't give recorded statements. Don't admit fault. Don't speculate about causes or injuries. Don't accept the first settlement offer. Don't sign anything. Contact a personal injury attorney before having detailed conversations with either insurance company.
Why You Need to Be Careful
Insurance is a for-profit business. Every dollar paid out on your claim is a dollar the insurer doesn't keep. Adjusters have production metrics and are rewarded for closing claims quickly and cheaply. This is true even for your own insurance company once you start filing PIP, property damage, UM, or UIM claims.
Common tactics used by adjusters include:
- Calling within 24-48 hours of the accident while you are still overwhelmed
- Friendly conversation designed to lower your guard
- Recorded statements under the guise of "just getting your side"
- Leading questions designed to elicit admissions of fault
- Quick settlement offers before you know the full extent of your injuries
- Asking for broad medical releases that include unrelated history
- Delay tactics designed to make you give up
- Blaming you for not seeking treatment fast enough, then blaming you for over-treating
None of this means your insurance company is evil. They are doing their job. Your job is to protect yourself while they do theirs.
The Difference: Your Insurer vs The Other Driver's Insurer
Your Own Insurance Company
You have a contractual duty to cooperate reasonably. This means:
- Report the accident promptly (within 24-72 hours is usually safe)
- Provide basic facts (date, time, location, other party's info)
- Cooperate with the property damage claim on your vehicle
- Cooperate with PIP (Personal Injury Protection) for initial medical coverage
But "cooperate" does NOT mean:
- Give recorded statements
- Speculate about fault or speed
- Discuss injuries in detail
- Accept lowball settlements
- Sign broad medical releases
The Other Driver's Insurance Company
You have NO duty to speak with them at all. They will call, often within a day or two. Be polite but decline:
Sample script: "I appreciate the call, but I'm not going to discuss the accident or my injuries at this time. Please direct future communications through my attorney." Then hang up.
If you haven't hired an attorney yet, simply say: "I'm still recovering and I'm not prepared to discuss this yet. I will follow up when I'm ready." Then do not answer their calls.
What You Should Say
When reporting to your own insurance company initially:
- Your name and policy number
- The date, time, and location of the accident
- The other driver's name, contact info, and insurance details
- License plate numbers and vehicle descriptions
- The police report number (if any)
- Whether the police were called
- Whether anyone appears to be injured (without detail)
- General vehicle damage description
That's it. Keep the call under 5 minutes.
What You Should NOT Say
Do NOT Apologize or Admit Fault
Avoid phrases like "I'm sorry," "I didn't see them," "It was my fault," or "I should have been paying more attention." These get transcribed and used later.
Do NOT Speculate
If you don't know how fast you were going, say so. If you don't know what the other driver was doing, say so. Guessing becomes admissions.
Do NOT Discuss Injuries in Detail
Say something like: "I'm still being evaluated by my doctors. I'll have more information once my treatment progresses." Delayed injuries like whiplash, concussions, and soft tissue damage can take days or weeks to manifest.
Do NOT Give a Recorded Statement
When asked "Do you mind if I record this for quality purposes?" say: "I'd prefer not to be recorded. Can we continue without that?" They can still note the conversation, but a written note is very different from a recorded statement that can be played to a jury.
Do NOT Sign Medical Release Forms
The ones insurance companies send are broad, granting access to your entire medical history. If an adjuster finds an old back injury from 10 years ago, they will argue your current pain is from that, not the accident.
Do NOT Accept the First Settlement Offer
First offers are almost always low. In Massachusetts, you generally have 3 years to file a personal injury lawsuit. Take the time to understand your injuries and damages.
Do NOT Post on Social Media
Insurance investigators check Facebook, Instagram, TikTok, and LinkedIn. A photo of you smiling at a family event can be used to argue you are not really injured.
Common Insurance Adjuster Tactics
The "Just a Formality" Recording
"We just need to record this for our records. It's standard procedure." This is not a formality. It is evidence. Decline.
The "Quick Check" Offer
"We'd like to send you a check today for $3,000 to close this out." This is almost always a fraction of what your case is worth, especially with medical bills that have not yet been calculated.
The "Friendly Chat" Call
"How are you feeling? Good? Oh that's wonderful!" A single "I'm doing fine" gets logged and used against you later when you claim ongoing pain.
The Leading Question
"So you didn't see them before they hit you, right?" is a classic way to set up a statement that you weren't paying attention.
The Delay and Wait
Weeks go by with no contact. They are hoping you give up, take a lowball offer, or miss the filing deadline.
The Medical Records Fishing Expedition
Broad authorization forms that grant access to all your medical history, not just treatment related to this accident.
Massachusetts-Specific Things to Know
PIP (Personal Injury Protection)
Your own auto policy includes PIP coverage. It pays up to $8,000 in initial medical expenses and 75% of lost wages, regardless of fault. File your PIP claim promptly (typically within 2 weeks of the accident). Late PIP filings can be denied.
Massachusetts is a No-Fault State (Sort Of)
For minor injuries, your own PIP handles it. For serious injuries (generally medical bills over $2,000 or specific injury types like broken bones, disfigurement, or permanent injury), you can step out of no-fault and sue the at-fault driver.
UM/UIM Coverage
If the other driver is uninsured or has low limits, you file against your own UM/UIM policy. This is where your own insurance becomes your adversary. Prompt notification is often a policy requirement.
Statute of Limitations
Three years from the accident date for personal injury claims in Massachusetts. Don't let insurance company delays push you past this deadline.
Mandatory Crash Reports
Under Massachusetts General Laws Chapter 90, Section 26, you must file a crash report (Form CRA) with the RMV within 5 days if the accident involved injury, death, or over $1,000 in property damage. Keep a copy.
When to Call an Attorney
Call BEFORE:
- Giving any recorded statement
- Signing any release, settlement, or medical authorization
- Accepting any settlement offer
- Responding to a deadline from an insurance company
Call AS SOON AS:
- You are seriously injured
- The other driver's insurance contacts you
- Your own insurance starts disputing coverage
- A truck or commercial vehicle was involved
- There is any dispute about fault
- The other driver was uninsured or underinsured
Most personal injury lawyers, including Pava Law, work on contingency. No fees unless you recover. The initial consultation is free. There is no financial reason to delay.
A Practical Script for Insurance Calls
When the adjuster (yours or theirs) asks for detail beyond the basics:
Adjuster: "Can you walk me through what happened?"
You: "I'd prefer to wait to go into detail until I've spoken with an attorney. I can give you the basic facts: date, time, location, and parties."
Adjuster: "Can you tell me about your injuries?"
You: "I'm still being evaluated by my doctors. I'll provide updates as my treatment progresses."
Adjuster: "Would you like to settle this today for $2,500?"
You: "I'm not prepared to discuss settlement until my treatment is complete. I'll follow up when appropriate."
Adjuster: "Can I record this for quality purposes?"
You: "I'd prefer not to be recorded. Can we continue without that?"
Polite, firm, brief. That is the posture that protects you.
Injured in an Accident? Get Help Today.
Attorney Daniel A. Pava offers free, no-obligation consultations to accident victims across Hampden County.
Free Case Review 📞 413-781-8700Get a Free Consultation Before Talking to Adjusters
Attorney Daniel A. Pava has represented accident victims throughout Springfield, Holyoke, Chicopee, West Springfield, and all of Hampden County for over 40 years. Free consultations are available in English and Spanish. No pressure. No obligation. No fees unless we win. One call before your next adjuster conversation can protect the entire value of your claim.
Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main Street, Suite 301, Springfield, MA 01103