That Friendly Phone Call Is Not What It Seems
It happens within 48 hours of every accident. Your phone rings. The voice is warm, sympathetic, professional. They say they are calling from the other driver's insurance company and they just want to "get your side of the story" so they can "process your claim quickly." They might even say they want to "make sure you get the help you need." Here is what they actually want: they want you to say something — anything — that reduces what they have to pay you.
The Recorded Statement Trap
The single most important thing the adjuster wants is a recorded statement. They will ask if it is okay to record the call "for their records." If you say yes, everything you say becomes a transcript that their attorneys will pick apart word by word. They will ask you to describe the accident in detail. They will ask how you are feeling. They will ask about your injuries. Every answer becomes ammunition.
If you say "I feel okay" because the adrenaline has not worn off, they will use that statement months later to argue your injuries were not serious. If you say "I did not see the other car until the last second," they will argue you were not paying attention. If you accidentally mistate which direction you were traveling, they will use the inconsistency to attack your credibility.
What the Adjuster Is Trained to Do
Insurance adjusters are not neutral. They work for the insurance company. Their performance is measured, at least in part, by how much money they save the company on claims. The friendly tone is a technique. They are trained to build rapport quickly so you feel comfortable sharing information you should not share. Specific tactics include asking open-ended questions that let you ramble and potentially contradict yourself, asking about pre-existing injuries or prior accidents to argue your current injuries are not from this crash, downplaying the severity of the accident to set low expectations, and offering a quick settlement before you know the full extent of your injuries.
What You Should Actually Say
When the at-fault driver's insurance company calls, you do not owe them a conversation. You can say: "Thank you for calling. I have been advised not to provide a statement without my attorney present. Please direct all further communications to my lawyer." That is it. You are not being difficult. You are not hiding anything. You are protecting yourself from a system designed to minimize your compensation.
Your Own Insurance Company Is Different — But Be Careful
Under Michigan's no-fault system, you do need to cooperate with your own insurance company to file your PIP claim. Report the accident. Provide basic facts. But even with your own insurer, do not speculate about fault, do not exaggerate or minimize your injuries, and do not agree to a recorded statement without understanding what it will be used for. Your own carrier has financial incentives to limit your claim too.
Why the First 48 Hours Matter So Much
Insurance companies contact you fast because they know two things. First, you are in shock, in pain, and vulnerable — not in the best state to protect your legal rights. Second, the longer you wait to get an attorney, the more likely you are to make statements or accept offers that hurt your case. The first 48 hours after an accident are when most people make the mistakes that cost them the most money down the road.
If the adjuster already called, do not panic. But stop talking to them and call Koussan Law at (313) 800-0000. We will handle every conversation from here.
