California has some of the strictest wiretapping laws in the country — but knowing your rights when talking to insurance adjusters can protect your claim. Here is what you need to know.
California Recording Law — Two-Party Consent
California Penal Code §632 requires all-party consent for recording a confidential communication. Unlike federal law and most states where only one party needs to consent, California requires all parties to consent to being recorded.
What this means practically:
- You cannot secretly record an insurance adjuster phone call in California without telling them
- You CAN record the conversation if you notify the adjuster at the start of the call and they continue
- Continuing the call after notice of recording constitutes consent
- The insurance company almost certainly records your call — they are doing it with or without explicit notice through their standard disclosures
What to Do Instead of Recording
Even without a recording, you can protect yourself during insurance adjuster calls:
- Take detailed notes during every call — Date, time, adjuster name, employee ID, and everything said
- Follow up every call with an email summary — "Per our conversation today, you agreed that..." creates a written record
- Never give a recorded statement without your attorney present — The adjuster's recording is controlled by them; yours is controlled by you
- Have an attorney handle all communications — The most effective approach is to stop talking to adjusters directly
The Real Answer: Stop Talking to Adjusters
The most effective way to protect yourself from insurance adjuster tactics is not to record them — it is to stop talking to them directly. Once you retain DePaoli Law Team, we handle all insurance communications on your behalf.
Insurance adjusters are professionals trained to minimize claims. Every word you say is being evaluated for ways to reduce your settlement. DePaoli Law Team eliminates this risk entirely by taking over all communication from day one.
Frequently Asked Questions
Questions About Your Specific Situation?
Call DePaoli Law Team at (916) 962-2896 or submit your case online for a free, confidential evaluation. No fee unless we win. CA Bar #283310.