Once you have retained an attorney, all communication with insurance companies goes through your lawyer. But before that moment — and sometimes despite it — insurers will attempt to contact you directly. They are not doing this to help you.

The recorded statement trap: An adjuster for the at-fault driver’s insurance company has one job: reduce or deny your claim. A recorded statement is a tool for that purpose. They will ask you questions designed to elicit inconsistencies, minimizations, or admissions. You are under no legal obligation to give a recorded statement to the other driver’s insurance company. Politely decline and direct them to your attorney.

Your own insurance is different: Under Florida law and most policy terms, you may have a duty to cooperate with your own insurance carrier. This is especially true for PIP and uninsured motorist claims. Your attorney will handle this communication and will attend or prepare you for any required statement.

Car repair and total loss: You are entitled to have your vehicle repaired to pre-crash condition, or receive fair market value if it is totaled. Do not accept the first offer on a total loss — it is almost always low. Get independent estimates. If you have a loan balance exceeding the car’s value, gap insurance covers the difference. Rental coverage is typically available under your collision coverage or the at-fault party’s liability policy.

Key Takeaways

• Never give a recorded statement to the at-fault driver’s insurance company
• All insurance communication should go through your attorney once retained
• You may owe cooperation to your own insurer — your attorney will guide this
• Total loss offers are negotiable — always challenge with market comparables
• Get independent repair estimates before accepting any settlement on the vehicle
• Document all rental car costs and transportation expenses — these are recoverable