Understanding Your Rights: Discussing Accidents With Insurance Adjusters

Talking to an insurance adjuster after an accident can be a daunting task. Adjusters are trained negotiators who work for insurance companies and are tasked with minimising the amount of money paid out to claimants. They will often contact claimants soon after an accident, aiming to get them to accept a quick and low settlement before they understand the extent of their injuries or claim value. While it is generally not legally required to speak with an adjuster, cooperation may be necessary when making a claim with the other party's insurance company. Here are some essential things to keep in mind when interacting with insurance adjusters:

- Proceed with caution: Remember that insurance adjusters are not looking out for your best interests. They are incentivised to protect the insurance company's bottom line and will use any information you provide against you.

- Stick to the facts: Avoid lying or speculating when discussing your claim. Only provide the information legally required, such as basic contact and accident details. Do not discuss the nature of your injuries, treatment, or how the accident occurred.

- Refuse recorded statements: You are not legally obligated to provide a recorded statement. Adjusters will scrutinise recordings for anything that can be used against you. Politely decline such requests, stating that you are uncomfortable with being recorded.

- Avoid admitting fault: Do not apologise or make statements that suggest you are to blame for the accident. Even partial admission of fault can significantly reduce your compensation.

- Resist immediate settlement offers: Insurance adjusters may pressure you to accept a quick settlement, but don't take the bait. These offers are typically far lower than what you may be rightfully entitled to. Consult with an attorney to assess the fairness of any offer before accepting.

- Consider hiring an attorney: Engaging the services of an experienced injury attorney can be invaluable. They can protect your rights, negotiate on your behalf, and fight for a fair settlement.

Remember, the insurance adjuster's primary goal is to minimise the insurance company's financial liability. By understanding their tactics and following the above guidelines, you can better navigate the claims process and protect your interests.

You are not legally obliged to speak with the other driver's insurance company

If there is a question as to who is at fault, refrain from speaking to the other driver's insurance company and retain a lawyer to handle the communication on your behalf. The primary goal of almost any car insurer is to pay out as little money as possible for claims. They will attempt to collect information about you to prove that you were either negligent or not as injured as you claim to be. Therefore, you should never tell the other driver's insurance company that you are fine or that your car is not that badly damaged.

If you do choose to speak to the other driver's insurance company, keep it simple and only answer what is asked. Avoid elaborating or getting into any stories about yourself. If you can respond with a simple yes or no answer, that is even better. Do not allow the insurance representative to record the conversation, as this can be used against you later and can sabotage your case if you recall things differently later or misspeak.

If the other driver's insurance company continues to contact you, remain calm, repeat some or all of the talking points above, and tell the adjuster to contact your insurance company if they need more information about the accident. You can also let the adjuster know that you are thinking about turning your claim over to an attorney, especially if the calls or emails do not stop.

If you are at fault, you must cooperate to reach a fair result

If you are at fault in a car accident, you are obliged to cooperate with your insurance company and the other driver's insurance company to reach a fair result. However, it is important to remember that insurance companies are not on your side and will try to minimise the amount of money they pay out. Here are some tips on how to handle the situation:

• Keep conversations with insurance adjusters limited and brief. Provide only basic contact information and simple facts about the accident, such as when and where it occurred. Do not give details about how the accident happened or the extent of your injuries.
• Do not give any recorded statements. You are not legally required to do so, and insurance companies will use your statement against you to reduce their liability.
• Do not sign any medical release forms. Insurance adjusters may try to access your medical history to claim that you had pre-existing conditions that contributed to your injuries.
• Do not admit fault or apologise, even if you feel you are partly to blame. Admitting fault can reduce or eliminate any compensation that may be available.
• Do not discuss your injuries or prognosis. Only a medical professional can provide an accurate assessment of your injuries and recovery.
• Do not accept a settlement offer immediately. It is important to understand the full extent of your injuries and the impact on your life before accepting any offers.
• Consult an attorney who can protect your rights and negotiate on your behalf. An experienced lawyer can guide you through the process and help you get the compensation you deserve.

Be cautious: insurance adjusters are not looking out for your best interests

After an accident, insurance companies will send an adjuster to evaluate the value of your claim. While these adjusters may appear friendly and professional, it is important to remember that they are on the side of the insurance company and are not looking out for your best interests.

Insurance adjusters are employed by insurance companies. Their job is to settle your claim as quickly and cheaply as possible to save their employer money. To achieve this, adjusters often employ misleading tactics to trick you into taking a lower settlement amount than you deserve.

• They will try to get you to admit fault or partial liability for the accident.
• They will try to get you to admit that your injuries are not that severe.
• They will pretend to be in a hurry to make you nervous and more likely to accept a low settlement offer.
• They will try to get you to use their "preferred" body shop or doctor, who may be more interested in keeping costs low than in your long-term health and a proper repair job.
• They will try to get you to sign a general release, waiving your right to further compensation.
• They will try to get you to give a recorded statement, which they can use against you.
• They will try to get you to accept a settlement before your medical treatment is finished, which may result in missing out on compensation.
• They will try to get you to accept a lowball settlement offer.
• They will try to get you to give up by avoiding your phone calls, delaying action, and refusing to answer your questions.
• They will try to get you to give up personal information, such as your social security number, which they can use against you.
• They may put you under surveillance and monitor your social media to catch you doing anything that can hurt your claim.

To protect yourself, it is important to be cautious when talking to insurance adjusters. Only answer the questions you are asked, sticking to short yes or no answers whenever possible. Do not admit fault, discuss your injuries, or give your opinion about what caused the accident. Do not feel pressured to accept a settlement offer or to give a recorded statement. Remember that you have the right to consult an attorney before making any decisions.

Keep conversations limited and do not give detailed information over the phone

Keeping conversations limited and not giving detailed information over the phone is a good way to maintain privacy and security. Here are some tips to achieve this:

• Avoid discussing personal topics when others may overhear you.
• Be mindful of your surroundings and maintain a distance from others when on the phone.
• Refrain from sharing sensitive information such as your address, phone number, passwords, financial details, and personal identification numbers.
• Be cautious when receiving unsolicited calls or messages. Do not disclose any information unless you are certain of the caller's identity.
• Use a professional tone and avoid controversial topics when answering work-related calls.
• End conversations if you feel uncomfortable or sense suspicious activity.
• Familiarize yourself with call recording laws in your region. In the UK, for example, recording a call for personal use is legal, but sharing it with a third party without consent is not.
• Regularly review your phone bills and call detail records to identify any unauthorized activity.
• Enable security features on your device, such as a passcode or biometric lock, to prevent unauthorized access.
• Stay informed about phone scams and never disclose personal information to unknown callers.

Avoid recorded statements, signing medical release forms, and quick settlements

Signing a release form after settling a claim is generally the final step of the injury claim process. Your signature on that document bars you from pursuing additional compensation from the insurance company for the same injury, even if you incur additional damages.

Recorded Statements

Recorded statements can be used against you by insurance companies. They will try to use your words to place you at fault or minimize the impact of the accident. Before giving a recorded statement, consult an attorney.

Signing Medical Release Forms

Signing a medical release form can impact your ability to pursue damages from an at-fault party. Signing a release gives the insurance adjuster an opportunity to review your entire medical history. If the insurance representative finds any information that goes against your claim, they can deny it.

Additionally, your medical history is private, and you might feel uncomfortable disclosing it. Parts of your medical history might be embarrassing or not relevant at all to the present claim.

Quick Settlements

Quick settlements are often offered by insurance companies to avoid calculating future damages or future losses. Carefully calculating your damages and what they could be in the future is important to make sure all of your injuries and damages are compensated. Signing a release form with an insurance company may seem appealing because it means you get paid sooner, but it also means you agree to not receive any additional compensation for the accident.

Once a release form is signed, the case is closed, and you cannot renegotiate damages. Signing a release means you agree to the cost of damages listed and that you release the insurance company from future liability regarding the accident in question.

Frequently asked questions