No — speaking directly with the other driver’s insurance company can hurt your claim and reduce the compensation you receive. Insurance adjusters are trained to find ways to limit payouts. In Florida, even a small statement they can interpret as admitting partial fault can reduce your recovery under the state’s modified comparative negligence rule. Instead, let an experienced Miami car accident lawyer handle these conversations for you.
Why Shouldn’t You Speak With the Other Driver’s Insurance Company?
Because their goal is to protect their bottom line, not your recovery. The other driver’s insurer is looking for information they can use to deny or undervalue your claim. They may try to get you to:
- Admit some fault for the accident
- Downplay your injuries
- Provide incomplete or inconsistent details
- Accept a low settlement before you know the full extent of your damages
Here at Payer Law, we frequently see insurance companies using aggressive tactics to pay as little as possible. In many Miami car accident cases, the insurer will contact the victim within just a few days of the crash and offer $500 or $1,000 to “help with medical bills.” What they don’t tell you is that they’ll also have you sign a release waiving all future claims — even if your case is actually worth hundreds of thousands of dollars. That early call is a red flag: it means they’re nervous and trying to close your case quickly before you learn your rights.
James D. Payer
Managing Partner
What Should You Do If the Other Driver’s Insurance Company Calls You?
Do not discuss the accident — direct them to your attorney. If you get a call from their adjuster:
- Politely decline to answer questions about the accident
- Avoid guessing or speculating about what happened
- Do not agree to a recorded statement
- Do not discuss your injuries or medical treatment
- Never accept or negotiate a settlement on the spot
- Provide only basic contact details if necessary
- Tell them all communication should go through your lawyer
At Payer Law, we’ve seen too many cases where a quick, friendly-sounding call turned into a major loss for the victim. The adjuster might say they just want to “speed things up” — but what they’re really doing is gathering ammunition to use against you.
What Questions Might the Other Driver’s Insurance Adjuster Ask?
Expect questions designed to gather information they can use against you, such as:
- “When and where did the accident happen?”
- “Who do you think was at fault?”
- “Were you injured?”
- “Have you had similar injuries before?”
- “Do you have other insurance coverage?”
Even seemingly harmless answers can be twisted to weaken your case. We’ve seen Miami insurance companies replay recordings out of context to make it seem like the victim admitted fault when they didn’t.
Why Is Giving a Recorded Statement Dangerous?
Because once recorded, your words can be taken out of context and used against you.
A recorded statement becomes part of your official claim file. Risks include:
- Accidentally admitting fault
- Providing incorrect or incomplete information
- Revealing private or unrelated medical history
- Downplaying symptoms before injuries fully develop
We’ve seen victims who gave a statement within days of their crash — before they knew the full extent of their injuries — and later had their claims denied because the adjuster argued they were “fine” based on that early conversation.
Who Are You Required to Speak With After a Miami Car Accident?
You may need to cooperate with certain parties, including:
- Law enforcement – Required to report accidents involving injury, death, or over $500 in property damage under Florida law.
- Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Must file a crash report within 10 days if police don’t.
- Your own insurance company – Policies typically require prompt accident reporting.
- Medical providers – Necessary for billing PIP (Personal Injury Protection) coverage.
- The court – If your case results in litigation.
The key difference is you are not legally required to speak to the other driver’s insurance company — and in almost every case, doing so can harm your claim.
How Can a Miami Car Accident Lawyer Help You Handle the Other Driver’s Insurance Company?
At Payer Law, we protect your rights from day one. We can:
- Handle all communication with insurers so you never feel pressured or tricked
- Investigate the accident and gather strong evidence to support your claim
- Calculate the full value of your damages so you don’t settle for pennies on the dollar
- Negotiate for a fair settlement
- Take your case to trial if necessary
With over 30 years of experience and $100+ million recovered, we know how to stand up to insurance companies, expose their tactics, and fight for the compensation you deserve.
Get a Free Consultation With Payer Law Today
If you were injured in a car accident in Miami, do not speak to the other driver’s insurance company before calling us. We treat every client like family and are available 24/7 to answer your questions.
Call us now at 305-363-7099 or request your free consultation to protect your claim.
