A few days after the accident, your phone rings. The caller is friendly, says they are an adjuster handling the claim, and asks whether you would mind answering a few questions on a recorded line. They may mention that it will help move things along. They may say a settlement could be arranged quickly. It sounds cooperative and reasonable. Before you answer, it is worth knowing who the adjuster works for and what the statement is for.
Which insurer is calling
There are usually two insurers in the picture after a car accident: your own, which handles your accident benefits, and the at-fault driver’s, which will defend any claim you bring for damages. They have different roles and you have different obligations to each.
- Your own insurer. Your policy requires you to cooperate with your insurer for the purposes of your benefits claim. That includes providing information about the accident and your injuries, attending assessments it is entitled to arrange, and submitting the required forms. It does not require you to speculate about fault, to guess at the extent of your injuries before they are known, or to give a recorded statement on the spot without the chance to think or get advice. You can ask to schedule it and to have your lawyer present.
- The other driver’s insurer. You have no obligation to give the other driver’s insurer a statement at all. Its adjuster is gathering information for the defence of the claim you may bring. Anything you say can be used to argue that you were partly at fault, that your injuries are less serious than claimed, or that you said something at the time that contradicts what you say later. Polite refusal is the right answer: give them your lawyer’s name, or tell them you will be in touch once you have advice.
Why recorded statements are risky
In the days after an accident you do not yet know the extent of your injuries. Soft tissue and head injuries often emerge over the following week, and psychological effects later still. A statement that you are “sore but fine” is entirely honest on day three and will be quoted back to you two years later as evidence that the injury was minor. Statements about how the accident happened carry the same risk: memory in the immediate aftermath is often incomplete, and an innocent misstatement about speed, distance or timing becomes an inconsistency.
Early settlement offers
An early offer, before your injuries have stabilized and before you know what treatment and time off work will be needed, is almost never in your interest. Once a release is signed, the claim is over. There is no reopening it if your condition turns out to be worse than it seemed. Ontario law also imposes rules about the timing of settlements in car accident cases precisely because of this risk. Do not sign a release without advice, and be cautious about accepting any payment described as a settlement.
Requests for records and authorizations
Adjusters may send broad authorizations asking for access to your entire medical history, employment records and other information. Your own insurer is entitled to information relevant to your benefits claim, but not to unlimited access. The other driver’s insurer is entitled to nothing before a claim is started, and to relevant records through the court process afterwards. Do not sign open-ended authorizations. Have them reviewed.
What you should do
Report the accident to your own insurer promptly, because that is a condition of your benefits. Give the basic facts: date, time, location, vehicles, police report number, and that you were injured. Tell them your injuries are being assessed. Submit the accident benefits application within the required time.
Keep a record of every call: who called, which insurer, what they asked, and what you said. Ask for requests in writing. If you are asked for a recorded statement, say you would prefer to schedule it and to have counsel present.
See your doctor and follow the treatment plan, because your medical record, not what you told an adjuster, is the foundation of the claim.
What if you already gave a statement?
It is not the end of the claim. Tell your lawyer exactly what was said, so that the statement can be addressed rather than discovered later. Most statements given in good faith cause no lasting harm; the risk is in the ones that are never mentioned until the defence produces them.
How we can help
At Kabir & Alam, we take over communication with both insurers from the first meeting, so that you can concentrate on recovery rather than on what to say to an adjuster. Read more about our motor vehicle accident practice, our personal injury FAQs, or book a consultation with us.
This post is general information about Ontario personal injury law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.