The Trucking Company's Adjuster Called. Pause Before You Talk.

Do I have to talk to the trucking company’s insurance adjuster after a wreck? Not on the first call. You can take the adjuster’s details, ask for time, and get advice before you give a statement. This guide explains why, using Georgia’s fault and deadline rules, and what to check before you sign anything.

No Recorded Statement Is Required

When you ask whether you have to talk to the trucking company’s insurance adjuster after a wreck, the direct answer is this: you can decline a recorded statement on the first call and ask to schedule one later.

The call is part of the insurer’s claim process. It is not a court proceeding, and no judge is involved. Insurance adjusters may ask to record a call right away. Decide before you answer whether you agree.

Ask for the adjuster’s full name, company, phone number, and claim number. Write them down before the call goes further. Those details help you keep your claim organized.

A calm reply works well: “I’m not ready to give a statement yet. Please send your request in writing, and I’ll get back to you.” A first call can feel rushed, but you don’t have to answer on the spot. Asking for time to get advice is a reasonable response.

Whom the Adjuster Works For

The adjuster works for the trucking company’s insurer, not for you. The insurer’s job is to protect its insured, which is the trucking company or driver it covers.

You are not the adjuster’s client. The adjuster’s job is to evaluate the claim and manage what the insurer pays. That goal can differ from yours, even when the call sounds friendly.

Early remarks matter because the adjuster takes notes, and those notes can be read back later. A casual “I’m fine” or a guess about speed can be used to question your injuries or your fault. Adjusters often ask for a quick timeline of the crash. A short, factual answer about what you actually remember protects you. A guess, even a helpful one, does not.

What You Can Safely Share on the Call

You can safely share your name, your contact details, and the claim number. Beyond those basics, slow down and stick to what you know.

Do not guess about speed, following distance, or who caused the crash. Say you don’t know yet, or say you want to review the police report first. A guess can be repeated later as if it were a fact.

Describe your injuries honestly. Don’t call them minor, and don’t say you feel fine if you don’t. If you are still being evaluated or treated, say so, and say you will share records when you have them.

Keep a written log of every call. Note the date, the time, the adjuster’s name, and what was discussed. Write down any promise, such as a call-back date. Save every email and letter in one folder.

How Georgia’s Comparative Fault Rule Affects What You Say

Under Georgia law, your damages are reduced in proportion to your share of fault (O.C.G.A. § 51-12-33). You can recover nothing if you are 50 percent or more responsible (O.C.G.A. § 51-12-33; Quynn v. Hulsey (2020)). Subsection (a) cuts the award in proportion to the injured person’s fault. Subsection (g) bars recovery at 50 percent or more.

Fault is also weighed across everyone who contributed to the crash. That includes someone who was never named in the lawsuit.

That is why early statements matter. An insurer looks for any share of fault it can assign to the person who was hurt. A remark such as “I should have braked sooner” can be used that way, even if the full evidence tells a different story.

Fault is decided on the full evidence. An early, partial account can be incomplete or inaccurate, and it is hard to correct once it is written down.

The Two-Year Deadline for Most Georgia Injury Claims

Under O.C.G.A. § 9-3-33, actions for injuries to the person generally must be brought within two years after the right of action accrues, and the statute begins with ‘Except as otherwise provided in this article,’ so other time limits may apply. Claims for loss of consortium have four years under the same section.

An insurance offer is not a lawsuit. Keep the two-year date in view from the day of the crash, not only when talks with the adjuster seem to be moving.

Government vehicles change the timeline. A claim against a city must be presented in writing to the city’s governing authority within six months of the event, stating the time, place, and extent of the injury (including the specific amount of monetary damages sought) and the negligence that caused it, under [O.C.G.A. § 36-33-5]. A claim against the state requires written notice within 12 months of when the loss was discovered or should have been discovered, under [O.C.G.A. § 50-21-26].

A wreck with a commercial truck can involve a driver, a carrier, and more than one insurer. Write down every company name you see at the scene so you can track who owns what.

Before You Sign Anything: Releases and Authorizations

Do not sign a release or a medical authorization until you understand exactly what it covers.

Early offers often come before anyone knows the full extent of your injuries. An offer made quickly may not reflect treatment that is still ongoing.

A medical authorization can open records far beyond the crash injury. Read its scope. Ask whether it reaches past years, unrelated doctors, or every type of record. If it is broader than the crash, ask for a narrower form.

Read every document in full, and don’t sign under time pressure. A deadline set by an adjuster is not a court deadline.

Evidence a Truck Crash Can Generate

A truck crash can leave records beyond the police report. Some of them are created automatically by the truck itself.

Many commercial trucks use an electronic logging device. Under [49 C.F.R. § 395.26], the device automatically records the date, time, vehicle location, engine hours, vehicle miles, driver identification, vehicle identification, and motor carrier identification. When the truck is in motion and no status change or other intermediate recording has occurred in the past hour, it also records an intermediate entry.

Under [49 C.F.R. § 387.7], a motor carrier may not operate a vehicle until it has the required minimum financial responsibility in effect. For a for-hire carrier moving nonhazardous property in interstate commerce with a vehicle rated 10,001 pounds or more, the federal minimum under [49 C.F.R. § 387.9] is $750,000.

Gather photos, the police report, witness contact information, and medical records. Keep them together in one folder.

How a Free Consultation With T. Madden & Associates Works

The first consultation with T. Madden & Associates, P.C. is free, confidential, and carries no obligation to continue. The firm has practiced since 1999 and has offices in Jonesboro, Atlanta, Decatur, Macon, and Augusta.

The firm handles personal injury cases on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses.

To make the most of that meeting, bring the police report if you have it, the adjuster’s name and claim number, and every letter, form, or release you received. Bring your medical records and bills too.

If an adjuster has called you, or a release has arrived in the mail, you may be weighing what to say and what to sign. A first consultation is a good place to talk through those choices before you respond. Reach out through the firm’s contact page to ask for your free first consultation.

Frequently Asked Questions

Disclaimer and Responsible Lawyer

This page is general information, not legal advice. Every case depends on its own facts, and no result can be predicted here.

Terance Madden is the responsible lawyer for this page. The firm is T. Madden & Associates, P.C., in practice since 1999, with offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. You can reach the firm through its contact page.