Recorded statement to an insurance adjuster in Georgia: what to know before you say yes

The phone rings a day or two after your crash. It's an adjuster from the other driver's insurance company, friendly and in a hurry, asking to record your side of the story “to get things moving.”

Before you agree, here's what a recorded statement to an insurance adjuster in Georgia really is, and what's at stake. This guide comes from Huggins Accident Injury Lawyer, the Perimeter Center office of attorney Gary D. Huggins.

No Georgia law requires you to give the other driver's insurer a recorded statement. Your own insurance company is a different story, and the difference matters.

Do you have to give the other driver's insurer a recorded statement?

No. You have no contract with the other driver's insurance company, and no law makes you talk to it on tape. That company owes its duties to the driver it insures, not to you.

Georgia is an at-fault state, so if its driver caused the crash, your injury claim goes to that insurer. That's why it wants your account on record early, often while you're sore, tired or on pain medication.

A recorded statement is usually a phone interview. The adjuster typically asks your permission on the recording, then asks about the crash, your injuries, your medical history and your daily routine. The recording can be transcribed and compared, word for word, with what you say months later.

How is your own insurance company different?

Your auto policy is a contract. It may require you to report the crash promptly and cooperate with the company, which can include answering questions about what happened. Ignoring those duties could cause trouble with your own coverage.

You may also need your own insurer to pay. Optional medical payments (med-pay) coverage pays medical bills regardless of fault, and uninsured motorist (UM) coverage can step in when the other driver has too little insurance or none. In a UM claim, your own company weighs what your injuries are worth.

Cooperating with your own insurer means giving accurate facts, not guesses. If you're still being treated, say so. If your company wants a recorded statement, you can ask to schedule it after you've talked with a lawyer.

Got a voicemail from an adjuster and aren't sure which company they work for? Call (240) 421-5511 first. Gary will tell you whose adjuster it is and what, if anything, you owe them.

What are insurance adjusters listening for?

Adjusters take statements for a living, and even casual-sounding questions have a purpose. They listen for:

• Words that shift blame. “I'm sorry,” “I never saw him” or “I looked down for a second.” Under Georgia's 50% comparative negligence rule, your share of fault comes off your award, and at 50% or more you recover nothing (O.C.G.A. § 51-12-33).
• Guesses that sound like facts. “Maybe 45” can become an admission that you were speeding. If you don't know, say so.
• Downplaying. “I'm okay” or “just a little sore” can follow you, even if the pain gets worse that night.
• Old injuries. “My back has always been bad” invites the argument that the crash didn't cause your pain.
• Gaps in care. When you first saw a doctor, and whether you've missed appointments since.
• Your phone. Expect questions about calls and texts, since the Hands-Free Georgia Act bars holding a phone while driving.
• Your seat belt. Since Georgia's 2025 tort-reform law, juries may hear whether you were buckled. Here's how seat-belt evidence works under SB 68.

The adjuster picks the questions, and every answer becomes evidence the insurer can quote back to you.

What should you say, and not say, to the other driver's adjuster?

Sometimes you can't skip the call entirely, such as when you need the other insurer to pay for your car. Talking about the repair doesn't mean talking about your body. Keep it short.

It's fine to share:

• Your name and phone number
• The date, time and place of the crash
• Your own insurance company and claim number
• That you're still getting medical care

Hold off on:

• Agreeing to be recorded
• Describing your injuries, or saying you feel fine
• Guessing at speed, distance or timing
• Discussing past injuries or your medical history
• Talking about fault, or apologizing
• Discussing a settlement amount or signing anything

Already gave a statement? That doesn't end your claim. Call (240) 421-5511 and tell Gary what you remember saying, so he can ask for a copy and plan around it.

Should you sign the insurer's medical authorization?

Not before talking with a lawyer. The other driver's insurer may send you a form that lets it collect your medical records directly. A broad authorization can reach years of records from every provider you've seen, including care that has nothing to do with the crash.

Adjusters comb those records for old complaints and prior injuries to blame instead of the crash. A narrower approach usually works better: your lawyer gathers the records and bills tied to the crash and sends them once your treatment picture is clear. If a lawsuit is filed, the discovery rules decide what else the defense can get.

For claims arising on or after April 21, 2025, juries may also hear what your health insurer actually paid (O.C.G.A. § 51-12-1.1). Expect requests for payment records, too.

How do you politely decline a recorded statement?

You don't need a reason, and you don't need to be rude. Something like this works:

“Thanks for calling. I'm not going to give a recorded statement. Please send your name, your company and the claim number in writing, and I'll be in touch.”

If you have a lawyer, add: “Please direct all contact to my attorney.” Then write down the adjuster's name, number and claim number.

Some adjusters push back. They may call a statement “standard,” or say the claim can't move forward without one. No law requires you to give the other driver's insurer a recorded statement, and the facts can be provided in writing, with documents. You can repeat your answer and end the call.

Rather not handle these calls at all? Call (240) 421-5511, and the adjuster's next conversation can be with Gary's office instead of you.

How Gary handles insurance company contact

When you hire our firm, Gary notifies every insurer involved that he represents you and asks that all contact go through his office. From then on, you can send every adjuster's call to Gary.

• Questions get answered in writing, backed by the crash report, photos and records instead of off-the-cuff answers on a recording.
• Medical records come through his office as you treat, not through a blanket authorization.
• Your own insurer gets what your policy requires. Gary helps with the paperwork, prepares you for any statement your policy calls for and can be on the line.
• The demand waits until your medical picture is clear. Georgia sets formal rules for certain time-limited settlement demands to insurers (O.C.G.A. § 9-11-67.1).
• The deadline stays on the calendar. Talking with an adjuster doesn't pause Georgia's two-year deadline for most injury lawsuits (O.C.G.A. § 9-3-33). If talks stall, suit can be filed in time.

Gary speaks Spanish, so you can go over every letter and call with him in Spanish (información en español).

Talk to an Atlanta car accident lawyer before you call the adjuster back

Gary Huggins represents people hurt in crashes across metro Atlanta, from Sandy Springs to Marietta. His office is at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center near I-285 and GA-400. He can also meet you by phone, by video, or at your home or hospital bed. There is no attorney's fee unless we recover compensation for you.

Call (240) 421-5511, day or night, for a free consultation about your crash and the adjuster who keeps calling. You can also see how Gary handles cases as an Atlanta car accident lawyer.