In this blog
- Who Insurance Adjusters Work For
- What Adjusters Want From an Early Call
- The Recorded Statement
- What to Say If the Other Driver's Insurer Calls
- Phrases to Avoid
- Handling Your Own Insurance Company
- Medical Authorizations and Document Requests
- The Quick Settlement Offer
- When to Let a Lawyer Handle Communications
- A Tale of Two Phone Calls
- Special Situations
- Keep a Communication Log
- Frequently Asked Questions
- Key Takeaways
- How We Can Help
It often happens within a day or two of an accident. Your phone rings, and a pleasant voice introduces themselves as an adjuster from the other driver's insurance company. They are sorry to hear about the accident. They just want to get your side of the story, confirm a few details, and help get things moving. Would you mind if they recorded the conversation?
Many people say yes. It seems like the cooperative thing to do, and the adjuster is friendly. But that conversation can have consequences for your claim. This post explains who adjusters work for, what they are trying to accomplish, how to handle calls from your own insurer and the other party's insurer, and when it makes sense to let a lawyer do the talking.
Who Insurance Adjusters Work For
An insurance adjuster is an employee or contractor of an insurance company whose job is to investigate and evaluate claims. That is a legitimate and necessary role. But it is important to remember who pays the adjuster: the insurance company.
When the adjuster represents the other driver's insurer, their job is to evaluate how much the company owes — and insurance companies, like all businesses, have an interest in paying no more than necessary. Adjusters are trained, experienced and often skilled at gathering information that supports a lower valuation. A friendly tone does not change that.
Your own insurance company's adjuster is a slightly different story, because you have a contract with your insurer and duties to cooperate under your policy. But even your own insurer may be on the other side of a claim — for example, an uninsured motorist claim, where your insurer steps into the shoes of the at-fault driver.
What Adjusters Want From an Early Call
Early calls from the other party's insurer typically aim to:
- Lock in your account before you have had time to reflect, review evidence or talk to anyone
- Assess your injuries — often by asking how you are feeling, at a time when you may not yet know the extent of your injuries
- Identify fault arguments — asking questions about your speed, attention, phone use or route
- Uncover prior injuries or conditions that could be blamed for your symptoms
- Obtain authorizations to access your medical records and other information
- Gauge whether you have a lawyer and how likely you are to pursue a claim
- Offer a quick settlement before you understand the value of your claim
The Recorded Statement
A recorded statement is an audio-recorded interview in which you answer an adjuster's questions about the accident and your injuries.
Do you have to give one?
To the other party's insurer — generally, no. You have no contract with them and usually no obligation to give them a recorded statement.
To your own insurer — your policy likely requires you to cooperate with the investigation of a claim, which may include giving a statement. Failing to cooperate can jeopardize coverage. But you can still prepare, ask to schedule the statement for a later time, and have your lawyer present or involved.
Why recorded statements can be risky
- You may be in pain, on medication or emotionally shaken, and not at your best
- You may not yet know the full extent of your injuries
- Casual phrases ("I'm okay," "it wasn't that bad") can be quoted later
- Questions may be phrased to elicit agreement with the insurer's version of events
- Small inconsistencies with later testimony can be used to attack your credibility
- You may be asked about medical history unrelated to the accident
What to Say If the Other Driver's Insurer Calls
You can be polite and still protect yourself. A simple approach:
- Take down the adjuster's name, company, phone number and claim number
- Confirm basic facts if you wish — your name and contact information
- Decline to give a recorded statement at this time
- Decline to discuss your injuries or medical history in detail
- Decline to sign anything until you have reviewed it with a lawyer
- Tell them that you or your lawyer will follow up
A sample script: "Thanks for calling. I'm not ready to give a recorded statement or discuss my injuries right now. Can I get your name, phone number and the claim number? I'll follow up, or my attorney will contact you."
Phrases to Avoid
Even in casual conversation, certain phrases can be used against you later:
- "I'm fine" or "I'm okay" — say instead that you are still being evaluated
- "I'm sorry" — this can be portrayed as an admission of fault
- "I didn't see them" — let the investigation determine what happened
- "I think I was going about..." — avoid guessing at speeds or distances
- "I've had back problems before, but..." — medical history should be discussed with your lawyer first
- "I just want to get this over with" — this may signal willingness to accept a low offer
Handling Your Own Insurance Company
Notify promptly
Your policy likely requires prompt notice of an accident. Notify your insurer and provide basic facts.
Understand your coverages
Ask your insurer which coverages may apply: collision, rental, medical payments or personal injury protection, and uninsured or underinsured motorist coverage. Ask for explanations in writing.
Cooperate — carefully
If your insurer requests a statement, you can ask to schedule it, review your notes and the police report first, and involve your lawyer. Stick to facts and do not speculate.
Be cautious in uninsured motorist claims
In an uninsured or underinsured motorist claim, your insurer evaluates fault and damages much like the other driver's insurer would. Treat those communications with the same care.
Medical Authorizations and Document Requests
Adjusters commonly send forms asking for authorization to obtain your medical records. Broad authorizations may allow access to your entire medical history. Rather than signing, your lawyer can provide relevant records directly or agree to a limited authorization covering specific providers and time periods.
The Quick Settlement Offer
Sometimes an adjuster offers a settlement within days or weeks. It may seem generous at first, especially when bills are arriving. Before considering any offer, ask yourself:
- Do I know the full extent of my injuries?
- Has my doctor told me whether I will need more treatment?
- Do I know how long I will be out of work?
- Do I understand that accepting will end my claim permanently?
If the answer to any of these is no, it is too early to settle.
When to Let a Lawyer Handle Communications
Once you hire a lawyer, insurers generally must communicate with your lawyer rather than with you. That can be a significant relief. Consider involving a lawyer if:
- You were injured and needed medical care
- Fault is disputed or the insurer is blaming you
- The insurer is pressing for a recorded statement or broad authorizations
- You received a settlement offer and are unsure if it is fair
- A commercial vehicle, rideshare vehicle or government vehicle was involved
- The at-fault driver was uninsured or underinsured
- The insurer is delaying or denying your claim
A Tale of Two Phone Calls
To see how much the approach matters, consider two hypothetical people involved in similar crashes.
The first person answers the adjuster's call the day after the crash while still sore and shaken. She agrees to a recorded statement. When asked how she is feeling, she says, "I'm okay, just a little stiff." When asked whether she saw the other car before the impact, she says, "I guess I glanced at my GPS for a second." She mentions she had a back strain years ago. She signs the medical authorization that arrives in the mail. Two weeks later, an MRI shows a herniated disc. The insurer argues that she said she was "okay," that she was distracted, and that her back problems are pre-existing.
The second person takes down the adjuster's name and claim number, explains that she is still being evaluated by her doctors, and says she or her attorney will follow up. She consults a lawyer, who notifies the insurer of representation, gathers the police report and medical records, and provides relevant information in an organized way when the time is right. When the MRI shows a herniated disc, the records clearly document her symptoms from the start.
Both people told the truth. The difference is that the second person's truth was documented completely and in context, rather than captured in a few unguarded moments.
Special Situations
Rideshare and Commercial Vehicles
When the at-fault vehicle was a rideshare car, delivery van or commercial truck, several insurers may be involved, including commercial policies with large limits. These insurers often have dedicated claims teams and may move quickly. Early legal advice is especially valuable in these cases.
Property Owners' Insurers
After a fall at a store or apartment complex, the property owner's insurer may contact you. The same principles apply: be polite, take down information, and avoid detailed recorded statements before getting advice.
Health Insurers and Reimbursement
Your health insurer may send a questionnaire asking whether your treatment was related to an accident. Answer honestly — but know that this is usually about the insurer's right to be reimbursed from any recovery. Your lawyer can help manage these reimbursement claims.
Workers' Compensation Carriers
If you were hurt while working, a workers' compensation carrier may also contact you. You generally must cooperate with the workers' compensation claims process to receive benefits, but statements you make can affect both your benefits and any separate claim against a third party. Getting advice early helps you navigate both systems consistently. Whatever insurer is calling, the same basic principles apply: be courteous, be truthful, avoid guessing, keep a record, and do not sign anything you do not fully understand.
Keep a Communication Log
Whether or not you hire a lawyer, keep a simple log of every communication with an insurance company:
- Date and time
- Name and company of the person you spoke with
- What was discussed
- Any requests made and deadlines given
- Copies of all letters and emails
This record can be invaluable if disputes arise later.
Frequently Asked Questions
Can the other driver's insurer force me to give a recorded statement?
Generally, no. You typically have no obligation to give a recorded statement to the other party's insurer.
Will declining a recorded statement hurt my claim?
Declining a recorded statement from the other party's insurer is common and is not usually held against you. Claims can be evaluated based on reports, records and other evidence.
What if I already gave a recorded statement?
Tell your lawyer exactly what you said. Many claims proceed successfully despite early statements, but your lawyer needs to know.
Is it okay to tell the adjuster about my injuries?
You can say that you are receiving medical care and that your injuries are still being evaluated. Detailed discussions are best handled through your lawyer or with documentation from your doctors.
Should I tell my own insurer about the accident even if it wasn't my fault?
Yes. Most policies require prompt notice, and your own coverage may provide benefits you need.
Key Takeaways
- Adjusters for the other party's insurer work for that insurer, not for you.
- You generally do not have to give a recorded statement to the other party's insurer.
- Your own policy may require cooperation, but you can schedule, prepare and involve a lawyer.
- Avoid casual phrases that minimize injuries or suggest fault, and do not sign broad authorizations.
- Do not accept a settlement before you understand the full extent of your injuries.
How We Can Help
At Personal Injury Lawyer Pro, we handle communications with insurance companies so our clients can focus on recovering. If an adjuster is calling you, contact us for a free, confidential consultation first. You pay no attorney fee unless we recover compensation for you.
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