Crafting A Strategic Response: Navigating The Insurance Adjuster's Queries

It's important to know how to reply to an insurance adjuster, as they have their company's best interests in mind, not yours. Their role is to prevent insurance fraud, settle claims quickly, and for a low amount. When replying to an insurance adjuster, it's crucial to remain calm and polite, even if you're angry about the accident. Keep your responses concise and avoid giving too many details about the accident or your injuries. You are not legally required to answer their questions and can seek legal advice instead. It's also important to document all communication with the insurance company and create a paper trail by sending follow-up emails or letters.

Remain polite and cooperative

It is important to remain polite and cooperative when dealing with an insurance adjuster. While it can be frustrating to deal with insurance companies, keeping a calm and professional demeanour will help you to avoid saying something that could hurt your claim. Being polite and cooperative will also help you to present yourself as a credible, reasonable, and reliable claimant, which will benefit your case.

When speaking to an insurance adjuster, it is a good idea to keep your answers short and to the point. Provide basic contact information, such as your name, address, and telephone number, but avoid giving detailed personal information about your job, income, or family situation. Be concise with your responses and stick to the facts, avoiding any speculation or narratives about the incident in question.

It is also important to remember that you are not obligated to answer all of the adjuster's questions or provide a recorded statement. If you are unsure about the answer to a question, it is better to say "I don't know" than to guess or speculate. You can politely refuse to give a recorded statement and instead provide a written summary of the incident with the support of your lawyer.

Remember that the insurance adjuster is not on your side and their goal is to save the insurance company money by denying or reducing your claim. However, remaining polite and cooperative will help to create a positive impression and strengthen your claim. Keep in mind that everything you say may be noted in the insurance company's records, so always remain professional and avoid saying anything that could be interpreted as uncooperative or causing delays.

Avoid giving lots of details

When speaking to an insurance adjuster, it is important to remember that they are not on your side. Their primary goal is to resolve the claim with as little liability to the insurance company as possible and to save the company money. Therefore, it is crucial to avoid giving lots of details during your conversations with them. Here are some tips to help you navigate these interactions effectively:

• Keep your answers short and concise: Provide yes or no answers whenever possible and avoid giving narratives or lengthy explanations. The more information you volunteer, the more the adjuster has to work with when trying to deny your claim or minimize your payout.
• Don't speculate or guess: If you don't know the answer to a question, simply say "I don't know." Do not speculate or give your opinion about what happened, as this could be used against you later if evidence contradicts your statement.
• Avoid discussing the accident in detail: You are not legally required to give a statement about how the accident occurred. Politely refuse to discuss any details beyond the basics, such as the location, date, and type of accident. Inform the adjuster that your investigation is ongoing and that you will provide further information at the appropriate time.
• Don't give details about your injuries: Adrenaline and shock after an accident can mask the extent of your injuries. Avoid making statements like "I'm fine" or "I feel okay." Instead, tell the adjuster that you are still being evaluated and will provide additional details once you have a full diagnosis.
• Decline to give a recorded statement: You are not legally obligated to provide a recorded statement, and it is against the law for an adjuster to record you without your consent. Politely but firmly decline such requests, stating that you are uncomfortable with being recorded and will provide information in writing when ready.
• Be cautious about your personal information: Only provide basic information such as your name, address, phone number, and employment details. You are not obliged to discuss your work schedule, income, medical history, or other personal matters.
• Don't apologize or admit fault: Even if you believe you are at fault, wait for an official investigation to determine fault. Remove words like "sorry" from your vocabulary when speaking to an adjuster, as they may try to use this against you to diminish or eliminate the value of your claim.

Document all communication

Documenting all communication with your insurance company is a crucial part of the claims process. Here are some detailed steps to ensure you effectively document all interactions:

Record All Conversations

Write down the date, time, and summary of every phone conversation related to your claim. Make sure to obtain the name of the person you spoke to, as well as their contact information, including their phone number, email address, and company address. Take notes during the conversation, or record it if possible, to ensure you capture all the important details.

Create a Paper Trail

After a phone conversation, send a follow-up email or letter to confirm any representations or promises made. This creates a paper trail that can be referenced if any disputes arise. Be sure to use proper grammar, punctuation, and capitalization in your written communication.

Save All Correspondence

Save all emails, letters, text messages, and instant messages related to your claim. Avoid deleting any electronic communication and consider taking screenshots or printing out messages to ensure you have a physical record.

Document Attempts to Contact

If you are having difficulty reaching your adjuster, document your attempts to contact them. Keep a record of any voicemails left, emails sent, and phone calls made. This demonstrates your proactive efforts to resolve the issue and can be useful if the adjuster is found to be mishandling your claim.

Keep Records Organized

Stay organized by keeping all your documentation in one place. Use a notebook or diary to record all communication, or create a dedicated file on your computer where you store all relevant emails and documents. This ensures that you can easily access your records if needed.

Seek Legal Advice

If you are unsure about how to handle communication with your insurance adjuster, consider consulting with an attorney. They can guide you on what information to share and how to best protect your rights. Remember that you have the right to request an attorney to take over conversations with the adjuster on your behalf.

Decline to give a recorded statement

It is not mandatory to give a recorded statement to an insurance adjuster. If you are contacted by the insurance company for the other driver in the crash or any other involved party, you should not give a recorded statement. Politely decline and explain that you would like to get legal advice first. Then contact an experienced car accident lawyer.

Even if you feel like you have nothing to hide, you need to be careful. The insurance company could use your recorded statement against you in a variety of ways to undermine your claim. For example, they may compare your statement to what you told law enforcement at the scene and witness statements, looking for inconsistencies. They may also ask about your injuries, how you felt after the crash, and your current injury status, and use your answers to downplay the severity of your injuries. They may also try to get you to divulge information about prior injuries and other activities to discredit and devalue your claim.

You are in control during conversations and settlement negotiations with an insurance claims adjuster. Never let an adjuster intimidate or pressure you into making quick decisions – especially when it comes to settling your claim. The adjuster might be offering far less than the true potential value of your case. Rather than settling right away, contact an accident attorney for an accurate depiction of what your claim could be worth.

If you decide to speak with the other party’s insurance adjuster yourself, there are a number of things that are recommended to avoid. Do not make any comments about your own fault or accept the very first offer. Also, do not go into great detail about your injuries. Avoid discussing the details of your care and prognosis, and do not say anything that the adjuster could construe as a comment about how you are feeling. Even simple statements such as “I’m feeling fine” can be misconstrued.

Don't settle on the first offer

The First Offer is Usually Low

Insurance adjusters are trained to save insurance companies money and will try to settle claims quickly and for a low amount. The first settlement offer is almost always lower than what your claim is worth, and it usually comes too early for you to have a full understanding of the extent of your injuries and the value of your claim.

You Can Get a Fairer Deal

The first offer is the start of a negotiation process. By rejecting the first offer, you can enter into negotiations and make a counteroffer. This is likely to result in a settlement figure somewhere between the insurance company's first offer and your counteroffer.

Get a Lawyer

A personal injury lawyer will know what a fair settlement looks like and can negotiate on your behalf. They can also help you draft a demand letter, which will strengthen your case for a higher settlement.

Understand the Value of Your Claim

Before entering negotiations, make sure you understand the value of your claim. This includes medical expenses, rehabilitation costs, lost wages, and repairs to your property. You may also be entitled to non-economic damages, such as lost future earning capacity and pain and suffering.

Don't Be Rushed

You might be tempted to settle quickly, especially if you are experiencing financial difficulties. But it's important to take your time and not be rushed into accepting a low offer. Remember, once you've signed a settlement agreement, you can't go back and ask for more money.

Don't Be Intimidated

If the insurance company refuses to negotiate after you reject their first offer, don't be intimidated. This is a common tactic to make you accept a low settlement. Take notes of all interactions with the insurance company and, if necessary, request a new adjuster.

Frequently asked questions