Two adjusters, two different duties
Your own auto insurer owes you no-fault benefits regardless of fault. You must give it reasonable proof of your loss, and benefits become overdue if not paid within 30 days after it receives that proof (MCL 500.3142). Its adjuster also looks for reasons to pay less: gaps in treatment, prior injuries, and statements that suggest you can work or do chores.
The other driver’s insurer owes you nothing unless its driver is legally liable and your injury meets the serious impairment threshold. Its adjuster’s job is to find fault on your side and to argue your injuries are minor. You have no duty to speak with it at all.
Statements that cost people money
| Avoid saying | How it gets used | Say instead |
|---|---|---|
| “I’m fine” or “I’m okay” | Quoted to argue you were not hurt in the crash. | “I’m getting checked out by a doctor.” |
| “I’m sorry” or “I didn’t see them” | Treated as an admission of fault, which can reduce or bar a claim against the other driver under comparative fault. | Describe only what happened, or nothing at all, to the other driver’s insurer. |
| “I’ve had back problems before” | Used to blame symptoms on a prior condition instead of the crash. | Let your medical records describe your history. A crash that makes an old condition worse can still support a claim when the records connect the two. |
| A guess about speed, distance or time | A wrong guess becomes a fact in the file. | “I don’t know” is a complete answer. |
| “I can do most things” | Used to deny replacement services and attendant care. | Describe what you cannot do, or need help doing, and how often. |
| “I might go back to work next week” | Used to cut off wage loss on that date. | “I’ll follow my doctor’s restrictions.” |
| “I missed some therapy” | Recast as proof you no longer needed treatment. | Explain why: transportation, pain, or scheduling. |
| “That settlement sounds fair” | Ends the negotiation, and often the claim, before the injury is fully known. | “I’ll review it with my lawyer.” |
Things not to do
- Do not give a recorded statement to the other driver’s insurer. It is optional, and it is recorded to be used against you.
- Do not sign a blanket medical authorization. An unlimited release lets an insurer pull records from years before the crash. Offer records related to the injuries, or let your lawyer handle the request.
- Do not sign a release or accept a check marked “final.” A release usually ends every claim it describes, including future medical bills.
- Do not exaggerate. Insurers compare your statements with records, surveillance and social media. A claim found to be fraudulent in any respect can expose you to an insurer’s attorney fee award under MCL 500.3148.
- Do not guess at what your doctor said. Refer the adjuster to the records.
When your own insurer wants a statement
A recorded call with your own adjuster is common early in a claim. It is a less formal step than an examination under oath, which is sworn testimony taken by the insurer’s lawyer with a court reporter. In Cruz v. State Farm (2002), the Michigan Supreme Court held that examination under oath clauses are enforceable only to the extent they do not conflict with the no-fault act, so an insurer cannot use one to impose a greater burden than the statute allows. Both can still be used against you. Before either one, read your application and any forms you have signed, review your treatment dates, and talk to a lawyer.
The same caution applies to an insurer medical exam. What you tell the examining doctor about your history and activities goes into a report written for the insurer.
What you can say
You can always give your name, contact information, policy number, the date and location of the crash, and the names of your doctors. To the other driver’s insurer you can add that you are represented, or that you will respond in writing. That is enough to open a claim without handing over anything that can be turned against you.
Once you have a lawyer, tell every adjuster to contact the lawyer instead. After that, communications go through your lawyer.
If an adjuster has already asked for a statement, an examination or a signature, call us first. It costs nothing to ask, and you pay no fee unless we recover money for you.
Sources: MCL 500.3105; MCL 500.3135; MCL 500.3142; MCL 500.3148; MCL 500.3151; Cruz v. State Farm Mut. Auto. Ins. Co. (Mich. 2002).
Questions people ask us
Do I have to talk to the other driver’s insurance adjuster?
No. You have no policy with that company and no legal duty to speak with it. You can tell the adjuster to put requests in writing, or have your lawyer handle all contact.
Can I refuse a recorded statement from my own insurer?
Your own insurer is entitled to reasonable proof of your loss, and your policy may require cooperation or an examination under oath. You can ask that questions be put in writing, ask what the statement is for, and talk to a lawyer before agreeing. Refusing outright without advice can give the insurer a reason to delay.
Is it okay to say I am sorry after a crash?
Expressing concern is human, but phrases like “I’m sorry, I didn’t see you” can be quoted later as an admission of fault. Stick to checking whether people are hurt and exchanging information.
What if I already gave a statement?
Ask for a copy or transcript in writing. A statement given early, before you knew the extent of your injuries, can be put in context with your medical records. Tell your lawyer exactly what you said.
