What Is an Insurance Adjuster?
After a car accident, one of the first people you'll hear from is an insurance adjuster — either from your own insurer or the at-fault driver's insurance company. Their job is to investigate the claim, assess damages, and determine how much the insurer will pay. While they may sound helpful and sympathetic, it's important to understand that adjusters work for the insurance company, not for you.
Why Early Conversations Can Hurt Your Claim
Insurance adjusters are trained professionals who know how to gather information that minimizes the company's financial exposure. Common tactics include:
- Calling within hours of the accident before you've seen a doctor
- Asking for a recorded statement that can be used to contradict later claims
- Encouraging you to describe your injuries as "not too bad" or "minor"
- Making a quick, low settlement offer before the full extent of your injuries is known
- Framing questions to suggest you share fault for the accident
Your Rights When Speaking to an Adjuster
You are not legally required to give a recorded statement to the other driver's insurance company. You do typically have a duty to cooperate with your own insurer, but even then, you can decline to give a recorded statement and instead submit a written account. Key rights include:
- The right to consult an attorney before making any statements
- The right to decline a recorded statement to the opposing insurer
- The right to have all communications in writing
- The right to reject any settlement offer and negotiate further
What to Say — and What Not to Say
| Do Say | Avoid Saying |
|---|---|
| Factual details: date, time, location | "I think I'm okay" or "It was minor" |
| "I am still being treated by a doctor" | Guesses about fault or speed |
| "I will have my attorney contact you" | Anything about pre-existing conditions unprompted |
| "Please send all requests in writing" | "I don't really need a lawyer" |
Understanding Settlement Offers
Initial settlement offers are almost always lower than what you may be entitled to. Insurance companies calculate the minimum they believe you'll accept. Before agreeing to any settlement, make sure:
- All medical treatment is complete or the full scope of future treatment is known
- All lost wages and earning capacity impacts have been calculated
- Pain and suffering damages have been properly assessed
- You have consulted an attorney who can evaluate the offer's fairness
Once you sign a release and accept a settlement, you generally cannot go back to claim additional damages later — even if your injuries worsen.
When to Involve an Attorney
Consider consulting a car accident attorney before engaging further with an adjuster if:
- You suffered significant injuries or face long-term medical treatment
- Liability is disputed
- The initial settlement offer seems unreasonably low
- The insurer is delaying or denying your claim
- Multiple parties are involved in the accident
Most car accident attorneys offer free consultations and work on contingency — so getting legal advice costs you nothing upfront and could make a substantial difference in your final outcome.