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Guide · Updated

Talking to the other driver’s insurance company

After a crash, the other driver’s insurance company may call you soon. You can be polite, share the basics, and take your time with everything else.

The first call

Step 1: Who you’re talking to

The person who calls is usually a claims adjuster. They work for the other driver’s insurance company, not for you. Their job is to look into the crash and decide what the company will pay.

Being friendly is fine.

The first call

Step 2: What to share, and what can wait

  • Fine to shareYour name and contact details, the date and place of the crash, and the names of your own insurance company and the police department that came.
  • Can waitHow badly you’re hurt. Injuries can take days or weeks to show their full effect, so it’s fine to say you’re still getting care and don’t know yet.
  • Stick to factsIf you talk about the crash, say what you saw. Try not to guess about speed, distance or who was at fault.
  • Write it downAfter each call, note the date, the adjuster’s name, their phone number, the claim number and what was said.

Often in the first week

Step 3: If they ask for a recorded statement

The adjuster may ask to record a phone call about the crash.

Whenever papers arrive

Step 4: Read every form before you sign

  • Or get the records yourselfYou have a right to get a copy of your own records2, and you can choose what to share. How to ask for your records.

Weeks or months later

Step 5: If they make an offer

You don’t have to accept the first offer, and you can ask how they reached the number.

Insurance policies have limits. In Texas, for example, the legal minimum for a driver’s liability coverage is $30,000 for one person’s injuries in one crash3. Other states set their own minimums. In New York, an owner’s liability policy must cover at least $25,000 for one person’s injuries in one crash4. Many drivers carry more, and some carry none.

This week

Step 6: Check your own policy too

Your own policy may help, whoever was at fault. In Texas, for example:

  • Personal injury protection (PIP)Texas auto policies must include it unless you turned it down in writing5. It pays some medical bills and lost income no matter who caused the crash5.
  • Uninsured or underinsured motorist coverageIt can cover you if the other driver has no insurance or too little. Texas policies include it unless you turned it down in writing6.

Other states set different rules. In New York, for example, no-fault insurance pays up to $50,000 per person for medical costs, lost pay and other costs, whoever was at fault7. Injured in New York has more. In Florida, a policy that meets the state’s insurance requirement must include personal injury protection up to $10,000 for medical and disability benefits8, and a policy with injury liability coverage must include uninsured motorist coverage unless a named insured turned it down in writing9. Your policy’s declarations page (the summary page, usually at the front) lists what you have.

When you’re ready

Step 7: When to get advice

You can talk to an insurance company on your own. Many people get advice first when they were badly hurt, when fault is disputed, or when they’re asked to sign something they don’t understand.

If you’re weighing it up, see what a personal injury lawyer does and how contingency fees work.

When you’re ready

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Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.

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Sources

Where the legal facts on this page come from

  1. 45 C.F.R. § 164.508 (uses and disclosures for which an authorization is required)“(c) … (1) Core elements. A valid authorization under this section must contain at least the following elements: (i) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion. … (v) An expiration date or an expiration event … (2) Required statements. … (i) The individual's right to revoke the authorization in writing …”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source: 45 C.F.R. § 164.508 (uses and disclosures for which an authorization is required)
  2. 45 C.F.R. § 164.524 (access of individuals to protected health information)“(a)(1) … an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set … (b) … (1) … The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request … (ii) If the covered entity is unable to take an action … within the time required … the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) … (2) … (ii) … if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (3) … (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying … (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage … and (iv) Preparing an explanation or summary … (d) … (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual … The denial must be in plain language and contain: (i) The basis for the denial; … (iii) A description of how the individual may complain to the covered entity … or to the Secretary pursuant to the procedures in § 160.306.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source: 45 C.F.R. § 164.524 (access of individuals to protected health information)
  3. Tex. Transp. Code § 601.072 (minimum coverage amounts)“(a-1) Effective January 1, 2011, the minimum amounts of motor vehicle liability insurance coverage required to establish financial responsibility under this chapter are: (1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision … and (3) $25,000 for damage to or destruction of property of others in one collision.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Transp. Code § 601.072 (minimum coverage amounts)
  4. N.Y. Vehicle & Traffic Law § 311 (owner's policy of liability insurance — minimum limits)“4. The term "owner's policy of liability insurance" shall mean a policy … (a) … Every such owner's policy of liability insurance shall provide insurance subject to said regulation against loss from the liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person and injury to or destruction of property arising out of the ownership, maintenance, use, or operation of a specific motor vehicle or motor vehicles within the state of New York, or elsewhere in the United States in North America or the Dominion of Canada, subject to a limit, exclusive of interest and costs, with respect to each such motor vehicle except a tow truck, of twenty-five thousand dollars because of bodily injuries to and fifty thousand dollars because of death of one person in any one accident and, subject to said limit for one person, to a limit of fifty thousand dollars because of bodily injury to and one hundred thousand dollars because of death of two or more persons in any one accident, and to a limit of ten thousand dollars because of injury to or destruction of property of others in any one accident …”New York State Senate, Laws of New York (read on nysenate.gov) · read 8 Nov 2026Read the source: N.Y. Vehicle & Traffic Law § 311 (owner's policy of liability insurance — minimum limits)
  5. Tex. Ins. Code §§ 1952.152, 1952.155 (personal injury protection)“§ 1952.152. (a) An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy … unless the insurer provides personal injury protection coverage in the policy or supplemental to the policy. (b) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. … § 1952.155. (a) The benefits under coverage required by this subchapter are payable without regard to: (1) the fault or nonfault of the named insured or recipient in causing or contributing to the collision …”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Ins. Code §§ 1952.152, 1952.155 (personal injury protection)
  6. Tex. Ins. Code § 1952.101 (uninsured or underinsured motorist coverage)“(a) In this section, “uninsured or underinsured motorist coverage” means the provisions of an automobile liability insurance policy that … protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury … (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Ins. Code § 1952.101 (uninsured or underinsured motorist coverage)
  7. N.Y. Ins. Law § 5102“Ins. Law 5102(a): (a) "Basic economic loss" means, up to fifty thousand dollars per person of the following combined items, subject to the limitations of section five thousand one hundred eight of this article: (1) All necessary expenses incurred for: (i) medical, hospital …, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupational therapy and rehabilitation (provided that treatment is rendered pursuant to a referral); … and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury. … (2) Loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those that he would have performed for income, up to two thousand dollars per month for not more than three years from the date of the accident causing the injury. … (3) All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury. Ins. Law 5102(b): (b) "First party benefits" means payments to reimburse a person for basic economic loss on account of personal injury arising out of the use or operation of a motor vehicle, less: (1) Twenty percent of lost earnings computed pursuant to paragraph two of subsection (a) of this section. (2) Amounts recovered or recoverable on account of such injury under state or federal laws providing social security disability benefits, or workers' compensation benefits, or disability benefits under article nine of the workers' compensation law, or medicare benefits, … (3) Amounts deductible under the applicable insurance policy. Ins. Law 5102(d): (d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system. Ins. Law 5102(j): (j) "Covered person" means any pedestrian injured through the use or operation of, or any owner, operator or occupant of, a motor vehicle which has in effect the financial security required by article six or eight of the vehicle and traffic law or which is referred to in subdivision two of section three hundred twenty-one of such law; or any other person entitled to first party benefits.”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2026-05-29) · read 8 Nov 2026Read the source: N.Y. Ins. Law § 5102
  8. Fla. Stat. § 627.736“(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows: (a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident. The medical benefits provide reimbursement only for: 1. Initial services and care that are lawfully provided, supervised, ordered, or prescribed by a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a chiropractic physician licensed under chapter 460, or an advanced practice registered nurse registered under s. 464.0123 or that are provided in a hospital or in a facility that owns, or is wholly owned by, a hospital. Initial services and care may also be provided by a person or entity licensed under part III of chapter 401 which provides emergency transportation and treatment. … 3. Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. up to $10,000 if a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464 has determined that the injured person had an emergency medical condition. 4. Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. is limited to $2,500 if a provider listed in subparagraph 1. or subparagraph 2. determines that the injured person did not have an emergency medical condition. … (b) Disability benefits.—Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household. … (c) Death benefits.—Death benefits of $5,000 per individual. Death benefits are in addition to the medical and disability benefits provided under the insurance policy. …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 627.736
  9. Fla. Stat. § 627.727 (uninsured and underinsured vehicle coverage)“(1) No motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any specifically insured or identified motor vehicle registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom. However, the coverage required under this section is not applicable when, or to the extent that, an insured named in the policy makes a written rejection of the coverage on behalf of all insureds under the policy. …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 627.727 (uninsured and underinsured vehicle coverage)

This is general information, not legal advice.