Auto insurance claims adjusters have a tough job. After a car accident, the parties involved are usually angry and emotional; and the car accident claims process that follows can be frustrating as well. Some people unleash this anger and frustration at the claims adjusters, not realizing that the adjusters have a key role in the claims process. The best thing you can do for yourself is to remain calm and understand that your cooperation will likely lead to support and understanding. Keep in mind that what you really want is to have your car accident claim paid. However, when dealing with the other parties car insurance company, you may have to take a slightly different approach in order to protect your own interests.
Before giving a recorded statement to the other party's auto insurance company, politely ask why the statement is necessary. If the claims adjuster states that he just wants "the facts," you should ask why "the facts" cannot be obtained from the police report, or from their own insured driver's statement, or from the witness statements. If the adjuster provides a satisfactory response and you decide to provide a statement, the next step is to ask whether the claims adjuster objects to having your attorney present during your statement.
There are several additional areas that need to be covered in order to protect yourself during the claims process with the opposing party’s adjuster. You should ask the adjuster whether your auto insurance company can also record a statement from their insured driver. You should also ask if a statement provided by you can and will be used against you in a courtroom, and whether you can give a statement to assist the adjuster's investigation--on the condition that it will never be introduced in court against you.
It is quite possible that the claims adjuster for the other party is helping build a case against you because he or she believes you are at least partially at fault. For this reason, you should also ask the adjuster if he or she has an idea who was at fault in the accident, and if he or she is trying to build a case of "comparative fault" (shared fault) against you.
Automobile accident claims can be tricky, so consult an experienced car accident attorney for advice on your specific situation.