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How do I deal with the other driver's insurance company?

Updated July 1, 2026United States

Short answer

Be polite, factual and brief. Give the basics — who you are, the date, place and that a crash occurred — but you're generally not obligated to give the other driver's insurer a recorded statement, so it's reasonable to decline one until you've thought it through or gotten advice. Don't guess about fault or your injuries, don't accept the first settlement offer before you know the full extent of the damage and any injuries, and keep everything in writing where you can. Whether you claim through your own insurer or theirs depends on your state and coverage, so check both.

The other driver's insurer works for them, not you. You don't have to be adversarial — just careful, factual, and in no rush to say more than you know.

Step by step

  1. Report to your own insurer first

    Tell your own insurance company about the crash promptly, as your policy likely requires. Depending on your state and coverage, you may claim through your insurer, the other driver's, or both — your insurer can explain how it works where you are.

  2. Keep the conversation factual and short

    You can confirm the basic facts — your name, the date, location, and vehicles involved. Stick to what you know for certain. Avoid speculating about who was at fault or downplaying injuries with 'I'm fine,' since those comments can be used later.

  3. Be cautious about a recorded statement

    The other driver's insurer may ask to record your statement. You're generally not required to give one, and it's reasonable to decline or wait until you've gathered your facts or spoken to someone. If unsure, check your own policy or consult an attorney before agreeing.

  4. Don't accept the first offer too quickly

    An early settlement offer can arrive before the full cost of repairs or the extent of an injury is clear. Once you accept and sign a release, you usually can't reopen it. Make sure you understand the total picture first.

  5. Put things in writing and keep records

    Follow up phone calls with a short email summary, and keep every letter, estimate, claim number and adjuster name. A written trail prevents disputes about what was said and agreed.

  6. Know what your claim may include

    Beyond repairs, a claim can sometimes cover a rental car, towing, medical costs, and in some states 'diminished value' (a car being worth less after repairs). What's available depends on your state and coverage — ask specifically.

  7. Get advice if it's serious or disputed

    If there are real injuries, a large loss, a fault dispute, or an offer that feels low, it may be worth talking to an attorney — many offer a free initial consultation. Watch your state's claim deadline while you decide.

Plain-English terms

Adjuster / claims adjuster
The insurance-company employee who investigates the claim and decides what it will pay. The other driver's adjuster represents that insurer's interests, not yours.
Recorded statement
A recorded account of the accident an insurer asks you to give. You're generally not obligated to give one to the other driver's insurer; it's reasonable to decline or wait until you're ready.
Settlement / release
An agreement to accept a payment to resolve the claim. Signing a release usually closes the matter for good, so it's best done only once the full damage and any injuries are known.
Diminished value
The idea that a vehicle is worth less after an accident even once repaired. Whether you can claim it, and from whom, varies by state and policy.
Third-party claim
A claim you make against the other driver's insurance (rather than your own). Whether this is how you proceed depends on your state's fault rules and your coverage.

The tool for this

buildmyevidence

This guide tells you what to do. buildmyevidence keeps you ready for every call — the scene photos, the police number, repair estimates, medical records and a dated log of who said what, all in one case file so you can answer an adjuster from facts, not memory.

  • A dated log of every call, offer and adjuster you deal with
  • Photos, estimates and records in one place to back up your claim
  • Export an organized record for your insurer, the other's, or an attorney
See buildmyevidence

Related questions

This is general information to help you keep your own records — not legal advice. How you claim, what's covered, and your deadlines vary by state and policy — check your own insurance policy, your state's rules, and consider an attorney for a serious or disputed claim.