Should You Give the Insurance Adjuster a Recorded Statement in Georgia?

Usually no. If the other driver’s insurance company asks for a recorded statement, you are generally not required to give one, because you have no contract with that company. Your own auto policy is different. It usually requires you to cooperate with your own insurer, so a request from your own company needs a more careful answer.

This guide explains what to say, what not to say, which forms not to sign, and why Georgia’s 2025 tort reform made early statements about seat belts and medical treatment matter more.

Video: What Not to Say After a Car Accident (0:24).

Do I Have to Give the Other Driver’s Insurer a Recorded Statement?

Generally, no. The at-fault driver’s insurer has a contract with its own policyholder, not with you. Its adjuster’s job is to evaluate the claim for that company. You can decline a recorded statement and still pursue your claim against the driver who caused the crash.

Declining is not the same as refusing all contact. You can confirm your name, your claim number and how to reach you, and say that information will come in writing or through your lawyer.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 1, 2026.

What if My Own Insurance Company Asks for a Statement?

Your own policy is a contract, and most personal auto policies have a section on your duties after an accident. Typical policies require you to:

• Notify the insurer promptly of how, when and where the accident happened.
• Cooperate in the investigation, settlement or defense of any claim or suit.
• Submit to physical exams by doctors the insurer chooses, at its expense, and to an examination under oath if it asks.
• Authorize the insurer to obtain medical reports and other pertinent records.
• Promptly send copies of any legal papers if a lawsuit is filed.

Refusing to cooperate with your own insurer can put your own benefits at risk, such as medical payments or uninsured motorist (UM) coverage. Read the duties section of your policy before you answer. Cooperating does not mean guessing. You can ask to schedule the statement, have a lawyer with you and ask for a copy of the recording.

Your own insurer can also end up on the other side. In a Georgia UM lawsuit, your insurer is served with the complaint as though it were a named defendant (O.C.G.A. § 33-7-11(d)). See our guide to uninsured motorist coverage in Georgia.

Why Recorded Statements Can Hurt an Injury Claim

Early in a claim, you may not know how badly you are hurt. Soreness in the first days can turn out to be a herniated disc or an injury that needs months of therapy. A recorded “I’m doing okay” can later be used to argue that the injury is minor.

Questions about speed, braking, distraction and whether you saw the other car can be used to assign you a share of fault. Georgia reduces your damages by your percentage of fault and bars recovery at 50% or more (O.C.G.A. § 51-12-33). A guess you give on day two, before you have seen the crash report, can follow you for the life of the claim.

How Georgia’s 2025 Tort Reform Raised the Stakes

Senate Bill 68 and a companion bill, Senate Bill 69, took effect April 21, 2025. Three changes make casual answers to an adjuster more costly:

• Seat belts. In lawsuits filed on or after April 21, 2025, a jury may hear that an occupant was not wearing a seat belt and may consider it on fault, causation and damages (O.C.G.A. § 40-8-76.1). An answer like “I think I had it on” can become evidence. Say only what you know.
• Medical treatment. For crashes on or after April 21, 2025, medical damages are limited to the reasonable value of necessary care. The jury may see both what providers billed and what your health insurance would pay, whether or not you used it (O.C.G.A. § 51-12-1.1). Questions about your health insurance and gaps in treatment now carry more weight.
• Letters of protection. For those same crashes, if you treat under a letter of protection, the letter, the itemized coded charges, any sale of the bill and who referred you for that treatment are open to discovery (O.C.G.A. § 51-12-1.1).

Our guide to SB 68 covers the rest of the law.

What Should I Say to the Insurance Adjuster?

Keep it short and factual. A safe call can sound like this:

• “My name is ___, and the best number to reach me is ___.”
• “The crash happened on [date] at [location]. My claim number is ___.”
• “I’m not giving a recorded statement right now.”
• “I’m not going to discuss my injuries or treatment over the phone.”
• “Please send any requests in writing,” or “My lawyer will contact you.”

What not to say

• Do not guess about speed, distance, timing or seat belt use.
• Do not say “I’m fine” or describe how you feel. Symptoms may change over the following days and weeks.
• Do not discuss who was to blame. Georgia’s insurance office advises drivers not to make oral or written statements about responsibility or blame.
• Do not volunteer old injuries or medical history. Those records can be addressed later, with the full picture.
• Do not agree to a statement because the adjuster says it is routine or needed to move the claim forward.

Should I Sign a Medical Authorization From the Adjuster?

Not a blanket one from the other driver’s insurer. A broad authorization can let the insurer collect years of unrelated records and then argue your pain came from an old condition.

A safer approach is to provide the records related to this crash yourself, or through your lawyer, once treatment is far enough along to show the full picture. Your own policy may require you to authorize your own insurer to obtain records, so check its terms before you refuse a request from your own company.

Quick Settlement Offers and Releases

A fast offer usually comes with a release. Signing it generally ends your claim against that driver, even if your injury turns out to be worse than you thought. A general release can also wipe out your UM claim. A limited release under O.C.G.A. § 33-24-41.1 can preserve it when you accept the at-fault driver’s full policy limits. See general release vs. limited release in Georgia.

Georgia gives hospital patients extra protection. For 15 days after the crash, anyone whose interests are adverse to a hospitalized patient may not try to negotiate a settlement, obtain a general release or obtain a statement for settlement purposes. A settlement or general release obtained in violation cannot be used in court (O.C.G.A. § 51-1-35).

Before you accept anything, read our guide to the first settlement offer in Georgia, or send us your release for a free review.

I Already Gave a Recorded Statement. Now What?

It does not automatically end your claim. What matters is what you said, how early you said it and what the records show. Write down what you remember about the call, ask the insurer for a copy of the recording, and stop giving further statements until you get advice.

When to Stop Talking and Get a Lawyer

Consider getting a lawyer before the next call if:

• You needed medical treatment, missed work or still have symptoms.
• The insurer disputes fault or asks about seat belt use.
• You are asked for a blanket medical authorization or an examination under oath.
• You are offered money in exchange for a release.
• The two-year filing deadline is approaching (O.C.G.A. § 9-3-33).

Once you have a lawyer, adjusters generally deal with the lawyer instead of you. You can speak directly with Jonathan Flack at (678) 653-0309 for a free consultation. You owe no fee and no case costs unless we recover money for you.

Insurance Adjuster Questions

Can I refuse to give a recorded statement to the other driver’s insurance in Georgia?

Yes, generally. You have no contract with the at-fault driver’s insurer, and you can pursue your claim without a recorded statement.

Do I have to talk to my own insurance company after a car accident?

Usually yes, to some degree. Most auto policies require prompt notice and cooperation, so read your policy’s duties section before you decline.

What should I not say to an insurance adjuster after a car accident?

Do not guess about speed, fault or seat belt use, and do not say you are fine. Stick to your name, contact details, the date and place of the crash and your claim number.

Should I sign the medical release the adjuster sent me?

Usually not a blanket authorization from the other driver’s insurer. Send records related to this crash instead, once treatment shows the full picture.

Can a recorded statement be used against me?

It can. Statements about how you feel, how fast you were going or whether you wore a seat belt can be used to argue fault or a smaller injury.

Can an adjuster get a statement from me while I’m in the hospital?

Not for settlement purposes in the first 15 days. Georgia bars adverse parties from seeking a settlement, general release or settlement statement from a hospitalized patient during that period (O.C.G.A. § 51-1-35).

Related Guides

• Atlanta Personal Injury Attorney
• Atlanta Car Accident Attorney
• The Other Driver’s Insurance Won’t Pay My Injury Claim. What Now?
• Do You Have Enough Uninsured Motorist Coverage in Georgia?
• Determining the Value of Your Personal Injury Case in Georgia
• The Insurance Company Offered Policy Limits in Georgia: What Should You Do?

See all our guides for people hurt in Georgia crashes.