What to Say When Talking to an Insurance Adjuster

You cannot always avoid adjusters after a car accident, but that does not mean you should ever let your guard down while talking to the defendant’s insurance company.

Here is what you need to know about:

The Insurance Company’s Motivations

Every time you speak to an adjuster, it is worth remembering who they work for.

The adjuster may be a pleasant person who is committed to running a good-faith investigation, but they still work for the insurance company. Insurance companies are businesses, and like most other businesses, they are primarily interested in profit. Since paying high-value claims cuts into corporate profits, many companies will do everything in their power to limit their own financial liability, even if it comes at the cost of your settlement.

The Initial Conversation

If you have to speak to an adjuster without an attorney present, keep your conversation as simple and concise as possible. Stick to basic facts like:

1. Your name and contact information;
2. The time, date, and location of the accident; and
3. The name and phone number of your own insurance company.

You can also provide the names of other persons involved in the accident, but you should refrain from speculation and trying to tell “your side of the story.” Keeping your responses as short and simple as possible provides the insurance company with enough information to verify your identity and begin an investigation, but not so much that they can use your words against you.

In general, it is best to avoid making any statements that relate to fault, liability, or future events that you cannot reasonably be expected to anticipate. For example, you generally do not want to:

1. Apologize for the accident, even in a passing or casual manner;
2. Offer your own hypotheses about who or what caused the crash; and
3. Downplay your symptoms or pretend that you are holding up better than you really are.

A passing apology, for instance, can be interpreted as an admission of fault, even if the only thing that you are “sorry” about was having the bad luck to be injured in an accident. Similarly, if you try to speculate about events you did not witness, your memory could be called into question, or your testimony could be written off as unreliable.

3 Signs You Need A Personal Injury Lawyer

Insurance companies will sometimes employ other strategies intended to limit liability at your expense. You should contact a car accident lawyer if:

1. You are not sure about a settlement offer. Insurance companies routinely offer low-ball settlements that are designed to look appealing but are not nearly as robust as what you would get with an experienced attorney and a bit of negotiation.

 

2. You have been asked to provide a recorded statement. A recorded statement may seem like a great way to tell your side of the story, but it is also an opportunity for the insurance company to control the conversation, ask leading questions, and over-analyze every spur-of-the-moment comment you made over the course of the entire recording session.

 

3. The adjuster wants a medical records release. The insurance company needs to see your medical records to verify your injuries, but it does not need access to your entire health history.

You might not be able to avoid the defendant’s insurance company, but an experienced personal injury lawyer could help you ensure that doing the right thing does not come at the cost of your rights. If you think you could have a case or are not sure what to do about an adjuster’s unreasonable requests, call the Dietrich Law Firm P.C. today at 1-716-839-3939 to speak to an attorney and schedule your free consultation.