The Secrets Behind Insurance Adjusters: Unveiling The Unspoken

Insurance adjusters are not your friends. They work for insurance companies, whose goal is to pay out as little as possible. Here are some things insurance adjusters won't tell you:

1. They will try to get you to admit fault, even partial fault, for an accident.

2. They will try to get you to discuss your injuries and prognosis in detail so they can use this information against you.

3. They will try to get you to speculate about the circumstances of the accident.

4. They will try to get you to accept a low settlement offer without consulting an attorney.

5. They will try to get you to provide a recorded statement that can be used against you later.

6. They will try to gather information about your friends, family, and coworkers to devalue your claim.

7. They will try to access your entire medical history to downplay the extent of your injuries.

Don't admit fault

Admitting fault after a car accident can have serious consequences for your insurance claim and settlement. Even if you think you are at fault, you should never admit fault or apologise to the other driver, the police, or the insurance adjuster. Admitting fault can reduce your chances of receiving fair compensation and increase your insurance premiums.

Why You Shouldn't Admit Fault

Insurance companies are for-profit corporations that aim to minimise their payouts. When an insurance adjuster investigates a claim, their goal is to find ways to reduce the company's financial liability. One of the most common tactics is to shift the blame onto the claimant or another party. If you admit fault, even partially, you give the insurance company a valid reason to reduce or deny your claim.

What to Do Instead

• Contact a lawyer: Speak to a personal injury lawyer as soon as possible after the accident. A lawyer can advise you on your rights and help ensure that the insurance company treats your claim fairly.
• Be truthful to the police: When speaking to the police, provide only objective details about what happened. Do not lie, but keep your explanation concise and avoid speculating about the accident.
• Avoid apologies: It's natural to want to apologise after an accident, but don't do it! Any expression of apology can be construed as an admission of fault.
• Don't discuss the accident: Stick to providing basic information about the date, time, location, vehicles involved, and names of witnesses. Avoid casual conversations and speculation about the accident.
• Don't give a recorded statement: You are not legally obligated to provide a recorded statement to the insurance company. Politely decline any requests for a recorded statement and refer them to your lawyer.
• Don't accept a settlement offer: Insurance companies often make low settlement offers in the hope that claimants will accept them without challenge. Always consult your lawyer before accepting any settlement.

Don't downplay injuries or damages

After an accident, it's crucial to not downplay your injuries or damages when speaking to an insurance adjuster. While you might feel the need to say "I'm fine" or "It's okay", doing so can cause the insurance adjuster to reduce your settlement offer. The adjuster's goal is to minimize their client's financial liability, and they will use any information you provide to achieve this.

Even if you feel fine immediately after the accident, some injuries may take time to manifest, and you may discover more serious issues later on. By downplaying your injuries at the outset, you risk not getting the compensation you need to pay for future medical expenses and other losses.

It's important to wait until you have a proper medical diagnosis and a full understanding of the extent of your injuries before discussing them with the insurance adjuster. Simply state that you are seeking medical treatment and that you and your lawyer will send a written summary of your injuries.

Additionally, avoid giving the insurance adjuster access to your entire medical history. They may try to argue that your injuries were pre-existing or exacerbated by prior conditions. Only provide them with medical records directly related to the injuries sustained in the accident.

When discussing damages to your property, be sure to get a quote from your own repair shop rather than using a shop recommended by the insurance company, as they may try to save money by performing an inadequate inspection.

Remember, insurance adjusters are not on your side. They are looking for any information they can use to reduce their company's liability. So, it's crucial to be cautious about what you say and only provide the necessary information to support your claim.

Don't give a recorded statement

After a car accident, it is likely that an insurance adjuster will contact you to ask for a recorded statement. While this may seem harmless, it is important to remember that adjusters are trained to ask specific questions in specific ways to elicit responses that can be used to deny or devalue your claim. Here are some reasons why you should not give a recorded statement to an insurance adjuster:

Recorded Statements Can Be Used Against You

Insurance adjusters use recorded statements against claimants, period. They will ask questions designed to catch inconsistencies in your story or get you to say something that can be used to deny or reduce your claim. For example, they may ask about your injuries or how you are feeling, and if you say "I'm fine," this can be used as evidence that you weren't injured, even if you experienced delayed symptoms.

You Are Not Obligated to Give a Statement

If the adjuster is from the other driver's insurance company, you are under no obligation to give any kind of statement. Politely decline their request, and if they continue to pressure you, consider enlisting the help of a car accident attorney. On the other hand, if it is your own insurance company requesting a statement, you may be obligated to provide one per the terms of your policy. However, you can still refuse to give a recorded statement and instead provide a written statement after consulting with an attorney.

Insurance Adjusters Are Not Your Friend

The adjuster's goal is to protect the insurance company's bottom line, which means paying out as little as possible. They may come across as friendly and casual, but this is a tactic to make you feel comfortable and get you to open up. Don't be fooled—they are not on your side.

Your Recording Could Be Used in Court

Even if you think you will sound logical and polite, something you say could come back to haunt you in court. Additionally, if you are on painkillers or other medication for your injuries, this could affect your memory of the accident or cause you to slur your words, further discrediting your testimony.

The Extent of Your Injuries May Not Be Fully Apparent

The adrenaline rush after an accident can delay the full appearance of symptoms or mask the severity of your injuries. Insurance companies know this and may try to rush you into a settlement by contacting you soon after the accident to ask you to describe your injuries. It is best to focus on the property damage at this early stage and consult with an attorney before discussing your injuries.

In summary, it is generally best to avoid giving a recorded statement to an insurance adjuster. Consult with an experienced personal injury attorney who can advise you on your legal rights and protect your interests during the claims process.

Don't accept the initial settlement offer

The first settlement offer from an insurance company is usually a lowball offer, and it's almost never a good idea to accept it. Insurance adjusters are incentivized to reduce or minimize their payouts, and they know that many claimants are in a financially vulnerable position and may be tempted to accept a quick, low settlement offer.

The initial offer is typically just the first step in a negotiation process. By rejecting the first offer, you signal to the insurance company that you understand how the process works and that you're prepared to stand up for yourself. This often leads to ongoing negotiations, with the insurance company making a second, higher offer.

If you're unsure about whether to accept an initial settlement offer, it's a good idea to consult a personal injury lawyer. They can assess whether the offer is fair given your circumstances and put forth a counteroffer on your behalf. They can also help you draft a formal rejection letter, which should include a counteroffer based on your injuries and damages.

It's important to remember that you have the right to reject a settlement offer, and doing so doesn't necessarily mean you'll have to go to court. Settlement negotiations can continue after you file a lawsuit, and most cases are settled before a trial even begins.

Don't share your entire medical history

When you've been injured in an accident, it's important to be careful about what you say to insurance adjusters. Insurance companies are for-profit businesses with a vested interest in paying out as little as possible. If you say the wrong thing, you could lose a lot of money and risk having your claim denied.

Here's why you shouldn't share your entire medical history with an insurance adjuster:

Protecting Your Privacy

When an insurance adjuster asks for your medical records, they are likely looking for information that could be used against you. Insurance adjusters have a trained ear for admissions of fault, responsibility, or contributing factors that could reduce their employer's liability. They may also be snooping around in your medical history to find anything unrelated to the accident that they can use to embarrass you or deny your claim. Remember, you are not required to disclose a pre-existing condition or prior accident when negotiating a settlement.

Pre-existing Conditions and Prior Accidents

Insurance adjusters will often try to argue that your injuries are related to pre-existing conditions or prior accidents instead of being caused by their client's negligent actions. For example, if you have arthritis, they might argue that your pain is due to inflammation rather than accident-related injuries. Your medical history can reveal information about your health conditions from as far back as ten years, which has nothing to do with the accident and injuries at hand.

Independent Medical Examinations

Insurance adjusters may request that you submit to an independent medical examination (IME) conducted by a physician hired by the insurance company. IMEs are rarely independent, as the doctors are chosen and paid by the insurance company and often return opinions favorable to the insurer. The doctor will ask specific questions related to your accident and injuries, and their report may be used to discredit your claim.

Incomplete Medical Records

Some injuries take time to fully manifest, and it can be difficult to understand the full extent of injuries and their consequences immediately after an accident. By signing a broad medical release form too soon, you may allow the insurance company to snoop through your records and arrive at a settlement amount before the doctors have documented the complete extent of your injuries. It is advisable to wait a few weeks and allow your attorneys to decide when to sign the medical release.

Reducing Compensation

By giving the insurance company access to your entire medical history, you increase the likelihood of them disproving, denying, or reducing your claim. Insurance adjusters are skilled at connecting previous or pre-existing conditions with any new injury. Your personal injury settlement may be significantly reduced or denied if the insurance company can link your injuries to a pre-existing condition.

Frequently asked questions