Do I Have to Talk to Insurance After a Crash?

Whether you have to talk to insurance after a crash depends on whose insurance company is calling. You generally have to notify and cooperate with your own insurer, because your policy requires it. You do not have to talk to the other driver’s insurance company, and nothing in Arizona law requires you to give it a recorded statement.

Here’s the quick version:

• Report the crash to your own insurer promptly. Your policy almost certainly requires notice and cooperation.
• You have no contract with the other driver’s insurer, so you can decline its calls, its recorded statement, and its medical release.
• Stick to facts. Don’t apologize, guess, or say “I’m fine” before a doctor has seen you.
• Arizona reduces your compensation by your share of fault, so careless statements can cost you money.
• You generally have two years to file an injury lawsuit in Arizona.

Your Insurer vs. the Other Driver’s Insurer

The two calls you’ll get after a crash come from companies with very different relationships to you. This is the difference that matters most.

	Your Own Insurance Company	The Other Driver’s Insurance Company
Your relationship	You have a contract (your policy)	No contract with you
Do you have to talk to them?	Generally yes. Policies require prompt notice and cooperation.	No
Recorded statement	May be required under your policy’s cooperation clause. Ask what it covers first.	Not required. You can decline.
Medical records release	May be needed for MedPay or UM/UIM claims. Keep it limited.	Not required. A blanket release can reach your full history.
Whose interests they protect	Yours when someone claims against you, but not when you claim against your own coverage	Their policyholder and their bottom line

Talking to Your Own Insurance Company

Your Policy Requires Prompt Notice and Cooperation

Auto policies almost always require you to report a crash promptly and to cooperate with the investigation. That can include giving a statement, sharing photos, and providing the police report. Call your insurer as soon as you can, even after a minor crash, and even if you think the other driver was at fault.

Cooperating doesn’t mean volunteering opinions. Give the facts you know, say “I don’t know” when you don’t, and ask what a recorded statement will cover before you agree to one.

What If You Reported Late?

Late notice is risky, but it doesn’t automatically end your coverage. In Lindus v. Northern Insurance Co. of New York (1968), the Arizona Supreme Court held that an insurer must show it was actually harmed by late notice before it can deny coverage for it. In Holt v. Utica Mutual Insurance Co. (1988), the court applied a similar rule to cooperation clauses: a breach defeats coverage only if it was material and substantially prejudiced the insurer.

That doesn’t make late reporting safe. It turns your claim into an argument you don’t need, so report promptly.

When Your Own Insurer Becomes the Other Side

If someone makes a claim against you, your liability coverage generally handles it and, if you’re sued over a covered claim, provides a defense. When you claim against your own coverage, such as medical payments (MedPay) or uninsured and underinsured motorist (UM/UIM) coverage, your insurer is the one paying. Its interests are no longer the same as yours.

Arizona requires insurers to offer UM and UIM coverage in writing under A.R.S. § 20-259.01. That coverage matters because Arizona’s minimum liability limits under A.R.S. § 28-4009 are only $25,000 per person, $50,000 per accident, and $15,000 for property damage. If your insurer pushes back on a MedPay claim, here’s what to do when your auto insurance denies a MedPay claim.

“I was rear ended and immediately contacted Shawn at Dove Law Firm. He was quick to respond and ease my mind on what my next steps were. Throughout the process, he was on top of everything. I could reach out to him with any questions and they were immediately answered. I would have been lost without the assistance of Shawn throughout the process. He made everything way easier than had I just done this on my own.”

★★★★★ Laura Pearson, Google review

Talking to the Other Driver’s Insurance Company

No Arizona Law Requires You to Give Them a Statement

You aren’t a party to the other driver’s insurance contract, so you owe that company no duty to cooperate. Arizona courts treat an injured third party as a stranger to the at-fault driver’s policy (Leal v. Allstate Insurance Co., 2000), and no Arizona statute requires you to give that insurer a statement.

Arizona’s claims-handling rule, A.A.C. R20-6-801, also bars an insurer from suggesting your rights will be hurt just because you didn’t complete a form or release by a certain date.

Why Adjusters Want a Recorded Statement

The other driver’s adjuster is paid to resolve the claim for as little as the facts allow. A recorded statement locks in your words early, often before you know the full extent of your injuries. A guess about speed, a polite “I’m okay,” or an apology can later be used to argue that you were partly at fault or not badly hurt.

That matters in Arizona. Under A.R.S. § 12-2505, your compensation is reduced by your percentage of fault. A statement that shifts even 20 percent of the blame to you shrinks your recovery by the same amount. Learn more about how Arizona’s comparative negligence rules work.

Be Careful With Medical Authorizations

Adjusters often mail a blanket medical release. Signing it can open your entire medical history, not just your crash injuries. Under federal HIPAA rules (45 CFR 164.508), a valid authorization must describe the specific information, who receives it, the purpose, and when it expires, and you can revoke it in writing, though revoking doesn’t undo releases already made. You decide what you sign, and you can ask that any release be limited to crash-related treatment.

What You Do Have to Do After an Arizona Crash

Insurance calls are mostly a matter of contract. Your duties at the scene are a matter of law. Under A.R.S. §§ 28-661 and 28-662, drivers must stop and remain at the scene. Under A.R.S. § 28-663, you must give your name, address, and vehicle registration number, show your driver license if asked, and give reasonable help to anyone injured.

If anyone is hurt or killed, A.R.S. § 28-666 requires you to notify police immediately by the quickest available means. You must also show proof of insurance to an officer who asks (A.R.S. § 28-4135). Arizona law doesn’t specifically require you to hand your insurance card to the other driver, but exchanging insurance details is still smart and helps both claims move. For a full checklist, see our steps to take after an Arizona crash.

What to Say (and Not Say) When an Adjuster Calls

To Your Own Insurer

Keep it simple: “I was in a crash on [date] at [location]. Here is the other driver’s information and the police report number. I’m getting checked out by a doctor and will send records when I have them.” Answer what you know. If you’re unsure, say so.

To the Other Driver’s Insurer

You can be polite and brief: “I’m not giving a recorded statement right now. Please send any requests in writing. You can get the facts from the police report.” If you have a lawyer, give the adjuster your lawyer’s name and end the call.

Phrases to Avoid

• “I’m sorry” or “It was my fault.” Fault is decided from the evidence, not from a moment of politeness.
• “I’m fine.” Some injuries take days to show up.
• Guesses about speed, distance, or timing. “I don’t know” is a complete answer.
• Agreeing to a quick settlement. You can’t know what a claim is worth until your treatment is clearer.

The National Association of Insurance Commissioners gives similar advice: be courteous, don’t admit fault, and take notes on your conversations, including the name and contact information of each person you speak with. Stay off social media about the crash, too, since posts and photos can be screenshotted and used against you.

Your Rights During the Insurance Claim in Arizona

Insurers Must Handle Claims Fairly and Promptly

A.R.S. § 20-461 prohibits insurers from committing unfair claim practices as a general business practice, such as misrepresenting policy terms, failing to act reasonably promptly on claim communications, and forcing their own policyholders to sue by offering substantially less than they later recover. Under R20-6-801, insurers generally must:

• Acknowledge a claim within 10 working days.
• Respond to your communications that call for a reply within 10 working days.
• Finish their investigation within 30 days, unless that isn’t reasonably possible.
• On your own policy, tell you within 15 working days after proof of loss whether the claim is accepted or denied (a denial must be in writing), or explain why they need more time.

If the other driver’s insurer keeps negotiating directly with you and you don’t have a lawyer, the rule requires written notice of the lawsuit deadline at least 60 days before it expires. Track the deadline yourself anyway.

Where to Complain

Section 20-461 itself doesn’t create a right to sue; the state enforces it. If an insurer ignores you or stalls, you can file a complaint with the Arizona Department of Insurance and Financial Institutions. Keep in mind that complaint details can become public records. If your own insurer handles your claim in bad faith, you may also have a separate legal claim against it.

Watch the Lawsuit Deadline

Talking to an adjuster doesn’t pause the clock. In Arizona, you generally have two years from the crash to file a personal injury lawsuit (A.R.S. § 12-542). If a government vehicle or employee was involved, a written notice of claim is due within 180 days (A.R.S. § 12-821.01), and any lawsuit must be filed within one year (A.R.S. § 12-821).

“Shawn Dove was referred to me and I hired him for an accident case I was involved in. Shawn was very easy to work with, he kept me informed every step of the way, was able to settle the suit generously and outside of court. I would definitely use Shawn and his team again if ever needed. Highly recommend!”

★★★★★ Lucy, Google review

When to Call a Lawyer Before Talking to Insurance

For a minor fender bender with no injuries, you may be able to handle the property damage claim yourself. Talk to a lawyer before any recorded statement if:

• You or a passenger were hurt, even if it seemed minor at first.
• The other driver disputes who caused the crash.
• The adjuster wants a recorded statement or a broad medical release.
• The offer arrives fast, before your treatment is finished.
• You need to make a UM, UIM, or MedPay claim with your own insurer.

Once you have a lawyer, the lawyer can ask insurers to communicate through the firm, and adjusters typically do. An Arizona car accident lawyer can handle those calls, collect the evidence, and push back on a low offer. You can also see our personal injury case results.

“Shawn Dove is an excellent attorney and handled my case professionally, with the results I wanted. He maintained contact throughout, so I knew what was going on and advised me accordingly throughout. I highly recommend him for your legal matters.”

★★★★★ Karen Brown, Google review

Talking to Insurance After a Crash: FAQs

Do I have to talk to the other driver’s insurance company in Arizona?

No. You have no contract with the other driver’s insurer, and no Arizona law requires you to give it a statement. You can decline politely and ask for requests in writing.

Can I refuse to give a recorded statement?

Yes, to the other driver’s insurer. Your own policy may require one as part of your duty to cooperate, so ask what it will cover and keep your answers factual.

Do I have to report a minor accident to my own insurance?

Most policies require prompt notice of any accident. Late notice can lead to a coverage fight, so report it even if you don’t plan to file a claim.

What should I not say to an insurance adjuster?

Don’t apologize, admit fault, guess about speed or distance, or say you’re uninjured before seeing a doctor. Under Arizona’s comparative fault rule, these statements can reduce your compensation.

Does the insurance company have to tell me about the filing deadline?

If the other driver’s insurer is negotiating directly with you and you don’t have a lawyer, Arizona’s claims rule requires written notice at least 60 days before the deadline. Don’t rely on it; track the date yourself.

How long do I have to file a car accident injury claim in Arizona?

Generally two years from the crash under A.R.S. § 12-542. Claims involving a government vehicle require a notice of claim within 180 days and a lawsuit within one year.

Talk to Dove Law Firm Before You Talk to the Adjuster

If you’re unsure whether to talk to insurance after a crash, you don’t have to figure it out alone. Attorney Shawn H. Dove helps crash victims across Maricopa and Pinal Counties, including Mesa, Chandler, Gilbert, Tempe, Apache Junction, and Phoenix. If you were hurt nearby, our Mesa car accident lawyer page explains how we help. Our office is at 2650 E Southern Ave, Suite 201, Mesa, AZ 85204.

You pay nothing until we win your case. Call (480) 213-4489, toll free (877) 368-3529, or schedule a free consultation.