How to Handle an Insurance Adjuster Call After an Accident

Why Insurance Adjusters Call After an Accident

Shortly after a car accident or personal injury incident, you will likely receive a phone call from an insurance adjuster. This call may come from the at-fault party's insurance company, your own insurance company, or both. While the adjuster may sound friendly and concerned about your well-being, it is important to understand that their primary goal is to minimize the amount the insurance company pays on your claim.

Insurance adjusters are trained professionals who handle hundreds of claims each year. They know exactly what questions to ask, how to phrase them, and how to use your responses to reduce the value of your claim. Understanding their tactics and knowing how to respond can make a significant difference in the outcome of your case.

This guide provides practical advice on how to handle insurance adjuster calls, what information to share, what to avoid saying, and when to involve an attorney.

Understanding the Insurance Adjuster's Role

Before discussing how to handle the call, it is helpful to understand the adjuster's role and motivations.

What Insurance Adjusters Do

Insurance adjusters investigate claims, evaluate damages, and negotiate settlements on behalf of the insurance company. They review police reports, medical records, and other evidence to determine the value of a claim and make settlement offers. While they are required to handle claims in good faith, their ultimate loyalty is to the insurance company that employs them.

Their Motivation

Insurance companies are businesses that profit by collecting premiums and paying out as little as possible in claims. Adjusters are often evaluated and rewarded based on how effectively they minimize claim payouts. This creates an inherent conflict of interest between the adjuster's goals and your interest in receiving fair compensation.

The Friendly Approach

Many adjusters adopt a friendly, sympathetic demeanor during their initial call. They may express concern about your injuries, ask how you are feeling, and seem genuinely interested in helping you. While some adjusters are genuinely empathetic, this friendly approach is also a strategic tactic designed to put you at ease and encourage you to share information that could be used against you.

What to Do When an Insurance Adjuster Calls

When you receive a call from an insurance adjuster, follow these guidelines to protect your claim.

Stay Calm and Polite

There is no need to be hostile or confrontational with the insurance adjuster. Maintain a calm, polite, and professional demeanor throughout the conversation. Being rude or aggressive will not help your claim and may make the adjuster less willing to work with you.

Get Their Information

Before discussing anything about your claim, get the adjuster's full name, phone number, email address, the insurance company they represent, and the claim number. Write this information down for your records.

Confirm Which Insurance Company They Represent

It is important to know whether the adjuster represents the at-fault party's insurance company or your own. The rules for dealing with each are slightly different. You have a contractual obligation to cooperate with your own insurance company, but you have no obligation to speak with the other party's insurer.

Provide Only Basic Information

You can provide basic identifying information such as your name, address, phone number, and the date and location of the accident. Beyond these basics, be very cautious about what you share. You are not required to provide a detailed account of the accident, discuss your injuries, or answer probing questions during this initial call.

Do Not Give a Recorded Statement

The adjuster will likely ask you to provide a recorded statement about the accident. Politely decline this request. Recorded statements can be used against you to minimize your claim, and you are under no legal obligation to provide one to the other party's insurance company. Even with your own insurer, consult with an attorney before agreeing to a recorded statement.

Do Not Discuss Your Injuries in Detail

When the adjuster asks about your injuries, keep your response brief and general. You might say something like you are still receiving medical treatment and do not yet know the full extent of your injuries. Avoid describing specific symptoms, diagnoses, or treatment details, as these statements can be used to limit your claim later.

Do Not Accept a Settlement Offer

The adjuster may make a quick settlement offer during the initial call or shortly after. These early offers are almost always far below the true value of your claim. Do not accept any settlement offer without first consulting with a personal injury attorney who can evaluate whether the offer is fair.

Do Not Apologize or Admit Fault

Even casual statements like "I'm sorry about the accident" can be interpreted as an admission of fault. Stick to the facts and avoid making any statements that could be construed as accepting responsibility for the accident.

Common Insurance Adjuster Tactics to Watch For

Insurance adjusters use several common tactics to minimize claims. Being aware of these tactics can help you avoid falling into their traps.

The Quick Settlement Offer

One of the most common tactics is offering a quick settlement before you understand the full extent of your injuries. The adjuster may present the offer as a generous gesture to help you cover immediate expenses. In reality, these early offers are designed to close your claim before the true cost of your injuries becomes apparent. Once you accept a settlement, you cannot go back and ask for more money, even if your injuries turn out to be more serious than initially thought.

Requesting Unnecessary Medical Authorizations

The adjuster may ask you to sign a broad medical authorization that gives them access to your entire medical history. While they are entitled to records related to your accident injuries, a broad authorization allows them to search for pre-existing conditions and other information they can use to minimize your claim. Only sign authorizations that are limited to the specific injuries and treatment related to the accident.

Minimizing Your Injuries

Adjusters may downplay the severity of your injuries by suggesting that your symptoms are normal and will resolve quickly, that your injuries are pre-existing and not related to the accident, or that you do not need the level of medical treatment you are receiving. Do not let the adjuster's opinions influence your medical decisions. Follow your doctor's recommendations regardless of what the insurance company says.

Using Your Words Against You

Everything you say to an insurance adjuster can be used to reduce your claim. Casual comments about feeling fine, being able to return to work, or not being in much pain can be taken out of context and used to argue that your injuries are not serious. Be mindful of every statement you make.

Delaying the Claims Process

Some adjusters deliberately delay the claims process, hoping that financial pressure will force you to accept a lower settlement. They may take weeks to return calls, request unnecessary documentation, or raise new issues that prolong negotiations. An attorney can help counteract these delay tactics.

Surveillance

In some cases, insurance companies hire private investigators to conduct surveillance on claimants. If you tell the adjuster you cannot perform certain activities but are later observed doing those activities, it can seriously damage your claim. Always be honest about your limitations and follow your doctor's restrictions.

When to Involve an Attorney

While you can handle minor claims on your own, there are several situations where involving a personal injury attorney is strongly recommended.

Serious Injuries

If you have suffered serious injuries that require surgery, extended medical treatment, or result in permanent limitations, the stakes are too high to handle the claim without legal representation. An attorney can ensure your claim is properly valued and aggressively pursued.

Disputed Liability

If the insurance company disputes who was at fault for the accident, an attorney can gather evidence, consult with experts, and build a strong case for liability.

Lowball Settlement Offers

If the insurance company's settlement offer is significantly below what you believe your claim is worth, an attorney can negotiate more effectively and, if necessary, file a lawsuit to pursue fair compensation.

Bad Faith Tactics

If the insurance company is acting in bad faith by unreasonably denying your claim, delaying the process, or using deceptive tactics, an attorney can hold them accountable and pursue additional damages.

Complex Cases

Cases involving multiple parties, government entities, commercial vehicles, or product liability are inherently complex and benefit from professional legal representation.

How an Attorney Changes the Dynamic

Hiring a personal injury attorney fundamentally changes the dynamic of your interactions with the insurance company. Once you have an attorney, all communication goes through your lawyer, which prevents the adjuster from using your statements against you. Your attorney handles all negotiations, ensuring that your claim is presented in the strongest possible light. The insurance company knows that your attorney is prepared to file a lawsuit if a fair settlement is not offered, which often leads to higher settlement offers.

Studies consistently show that accident victims who hire attorneys receive significantly higher settlements than those who handle claims on their own, even after accounting for attorney fees.

What to Do If You Already Spoke to an Adjuster

If you have already spoken with an insurance adjuster and are concerned that you may have said something that could hurt your claim, do not panic. Consult with a personal injury attorney as soon as possible. Your attorney can assess the situation, address any problematic statements, and take steps to protect your claim going forward.

It is never too late to hire an attorney, even if you have already had conversations with the insurance company. The sooner you get legal representation, the better positioned you will be to achieve a fair outcome.

Conclusion

Handling insurance adjuster calls after an accident requires caution, preparation, and an understanding of the tactics used to minimize your claim. By providing only basic information, declining recorded statements, avoiding detailed discussions of your injuries, and refusing early settlement offers, you can protect your claim and preserve your right to fair compensation.

Use our free settlement calculator to get an estimate of what your claim may be worth before engaging in settlement discussions with the insurance company. Having a baseline understanding of your claim's value can help you evaluate settlement offers and make informed decisions about your next steps.

Understanding Your Rights When Dealing with Adjusters

Knowing your legal rights when interacting with insurance adjusters can help you protect your claim and avoid common pitfalls.

Your Right to Decline Communication

You are under no legal obligation to speak with the at-fault driver's insurance adjuster. You can politely decline to discuss your claim and direct them to contact your attorney. This is often the safest approach, as it prevents you from inadvertently making statements that could harm your case.

Your Right to Have an Attorney Present

If you do choose to speak with an adjuster, you have the right to have your attorney present during the conversation. Your attorney can guide you on what to say and what to avoid, ensuring that your rights are protected.

Your Right to Review Documents Before Signing

Never sign any documents provided by an insurance adjuster without first reviewing them with your attorney. This includes medical authorizations, recorded statement consent forms, and settlement releases. Signing the wrong document can waive important rights or limit your ability to recover full compensation.

Your Right to Fair Treatment

Insurance companies are required by law to handle claims in good faith. This means they must investigate claims promptly and thoroughly, communicate honestly about coverage and claim status, make reasonable settlement offers based on the evidence, and not use deceptive tactics to minimize your claim. If an insurance company violates these obligations, you may have a bad faith claim against them.

The Difference Between Your Insurer and the Other Party's Insurer

It is important to understand the different dynamics when dealing with your own insurance company versus the at-fault driver's insurer. Your own insurance company has a contractual relationship with you and owes you certain duties of good faith and fair dealing. You generally have an obligation to cooperate with your own insurer, which may include providing information about the accident and your injuries. The at-fault driver's insurance company has no contractual relationship with you and no obligation to act in your best interest. You have no obligation to cooperate with the other party's insurer beyond what the law requires.

Understanding these distinctions can help you navigate interactions with both insurance companies more effectively and protect your rights throughout the claims process.