What Not to Tell the Insurance Company After a Fall

If an insurance adjuster has called you after a fall, you may feel pressure to answer right away. The short answer: stick to facts you know, don’t admit fault, don’t shrink your injuries, and ask for time before giving more details. This guide explains what not to tell the insurance company after a slip and fall in Georgia, and why your words can matter later.

Why the Insurance Company Calls So Soon After a Fall

The adjuster who calls you works for the property owner’s insurer, not for you. Early calls aim to collect facts about how the fall happened and what injuries were reported. These calls often come before you’ve seen a doctor or read any paperwork.

The first request usually takes one of three forms. The adjuster may ask for a recorded statement, basic details about the fall, or medical information to open a file. Each one can shape how your claim is read later.

Georgia law says an owner or occupier must use ordinary care to keep its premises safe for people invited onto them, under O.C.G.A. § 51-3-1. That duty is the core of most property claims, so the facts you give about the property matter.

You have the right to pause. You can say you need time to think, and you can ask for the request in writing. A calm, short reply is better than a rushed one.

For a broader view of these claims, read our slip and fall guide for Georgia.

Statements About Fault: What to Avoid Saying

Avoid any words that sound like you caused the fall, even when you’re only trying to be polite. Phrases like “I should have watched where I was walking,” “I didn’t see the sign,” or “It was my fault” are easy to misread. A casual remark can be recorded and repeated out of context.

Knowing what not to tell the insurance company protects the facts of your claim. Georgia’s fault rules explain why. Under O.C.G.A. § 51-12-33, if you are partly responsible, the judge reduces your damages in proportion to your percentage of fault. The same section says you are not entitled to receive any damages if you are 50 percent or more responsible.

Georgia’s Office of the Commissioner of Insurance and Safety Fire also advises avoiding statements that admit responsibility, in its Georgia auto claim tips. Those tips are written for car accidents, but the caution fits falls too.

Stick to facts. Describe where and when the fall happened, what the surface or object was, what was visible, and what was reported. Don’t guess about causes or about what the owner should have done. If you’re unsure of a detail, say so instead of filling the gap.

Describing Your Injuries Without Minimizing or Guessing

Describe your injuries as you feel them now, and as they change. Saying “I’m fine” or “it’s just a bruise” can be quoted later, even if symptoms show up days or weeks after the fall. Pain, stiffness, dizziness, numbness, and limited movement all count.

Name each symptom and say when it started. If something new appears, write it down the day you notice it so you can report it accurately.

Avoid guessing about recovery. Don’t predict how long healing will take or how things will turn out unless a doctor has told you. You can name the doctor or facility you’ve seen. Medical questions are usually best answered from the records themselves.

Recorded Statements, Medical History, and Authorizations

A recorded statement is an answer given by phone or in person that the insurer keeps on tape. You can ask for a copy or a written transcript. You can also ask to schedule the statement for a later date, after you’ve reviewed your notes.

When asked about prior injuries or medical history, answer truthfully and specifically. Don’t assume the adjuster already knows what’s in your records. Don’t guess at dates you aren’t sure of.

Medical authorization forms can give the insurer broad access to your records. Read the scope before you sign, and ask exactly which records are covered.

Sending a bill or a medical report is providing a document. Saying who you think was responsible is an opinion. Keep opinions about fault out of the call.

Early Settlement Offers and Releases

An early settlement offer usually comes before doctors know how your injuries will develop. Accepting it can close the claim, so take time before you respond. You don’t need to decide on the spot.

A release is a signed document that ends your claim. Before you sign, understand exactly what rights it gives up. If you don’t understand a paper, don’t sign it. Ask for the terms in writing.

Time limits matter too. Under O.C.G.A. § 9-3-33, except as otherwise provided in this article, actions for injuries to the person must be brought within two years after the right of action accrues, except for injuries to the reputation, which must be brought within one year, and actions for injuries to the person involving loss of consortium, which must be brought within four years. It is reasonable to take time to understand any offer before you respond to it.

Photos, Documents, and Social Media After the Fall

Start a factual record as soon as you can. Take photos of the surface or hazard, the area around it, your footwear, the lighting, and any visible injuries. Write down witness names, and ask the property owner for a copy of any incident report.

Keep a simple log of medical visits, prescriptions, missed work, and out-of-pocket costs. Write each entry as a fact, with the date, the amount, and what happened, rather than as a conclusion.

Social media can be used against a claim. Posts about trips, exercise, or work can be shown to an insurer. Avoid posting about the fall or the claim, and don’t delete posts that already exist.

Share documents only after you know exactly what the insurer is asking for. Ask for that request in writing first.

Talking With Our Lawyers Before You Answer More Questions

Talking with a lawyer before your next statement can help you see what has already been said. Many people reading this are helping an injured family member or friend. They may feel pressure to answer fast.

Our team can help you think through the adjuster’s requests and decide what to share. Our lawyers at Slam Dunk Attorney handle slip and fall and other premises claims from our office in Duluth, Georgia. Your first consultation is free, confidential, and carries no obligation to continue.

Common Questions

This page is general information, not legal advice. The responsible lawyer for this page is Peter F. Jaraysi of Slam Dunk Attorney, Duluth, Georgia. Contact details are on the contact page.