If you've been in an accident, one of the first things you'll need to do is contact the insurance company of the person at fault. An insurance adjuster will be assigned to your case and will be your point of contact throughout the claims process. It's important to remember that the adjuster works for the insurance company and aims to minimise the payout on the claim. When speaking to an adjuster, it's crucial to remain calm and polite, provide only basic personal information, and refrain from discussing the details of the accident or your injuries. If you've been injured, consider seeking legal representation to protect your interests and handle adjuster interactions and negotiations.
Characteristics | Values |
---|---|
First Contact | The insurance adjuster will likely contact you within the first few days or weeks after the incident. |
Contact Method | The adjuster will likely prefer a live call. |
Objective | To get you to accept a quick settlement for a low amount. |
Tactics | Using a live call to assess your comfort level with the process and to pressure you into accepting a low settlement. |
Your Response | Remain calm and polite. Refuse to discuss details of the accident or your injuries. |
Personal Information | Give only basic information such as your name, address, and phone number. |
Recording | Refuse to give recorded statements as you are not legally obligated to do so. |
Settlement | Do not accept an immediate settlement offer. Consult with a personal injury attorney first. |
What You'll Learn
Remain calm and polite
Remaining calm and polite is one of the most important things to remember when speaking to an insurance adjuster. Here are some reasons why:
It May Help Your Claim Get Handled More Promptly
Even though the adjuster works for the insurance company and has the company's best interests in mind, remaining calm and polite may help them handle your claim more promptly.
It May Help Convince Them That Your Story Is Correct
Being calm and polite on the call can help convince the adjuster that your story is correct, which may be beneficial for your claim.
It May Help You Avoid Inconsistencies in Your Story
If you get angry or rude, you may be more likely to say something that contradicts your story or gives the adjuster ammunition to use against you. Remaining calm and polite can help you avoid these inconsistencies and protect your claim.
It Can Help You Avoid Saying Something You'll Regret
Speaking to an insurance adjuster can be stressful, especially if you're still dealing with the aftermath of an accident. If you're angry or upset, you may be more likely to say something you don't mean or reveal more information than necessary. Staying calm and polite can help you avoid saying something you'll regret later.
It Can Help You Maintain a Professional Tone
Remaining calm and polite can help you maintain a professional tone during the conversation. This can be especially important if you need to negotiate or advocate for yourself during the call.
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Identify yourself and the other person
When calling an insurance adjuster, it is important to identify yourself and the other person. Here are some tips to help you do this effectively:
- Be professional and polite: When speaking to an insurance adjuster, it is important to remain calm and polite, even if you are still angry about the accident. Remember that the adjuster is not your adversary and is simply doing their job.
- Get the adjuster's information: Before discussing anything else, ask the adjuster for their full name, phone number, email address, the insurance company they work for, and the name of the person or business they insure. This information will be useful if you need to contact them again or make a complaint.
- Provide basic personal information: When asked, provide your full name, address, and phone number. You can also share your employment details, such as your job title and place of work. However, you are not obligated to share any additional personal information beyond these basics.
- Be cautious about discussing the accident: Insurance adjusters may try to engage you in a conversation about the accident to get you to inadvertently say something that could hurt your claim. Be polite but firm in refusing to discuss the details of the accident, except for the most basic information such as the location, date, type of accident, and vehicles involved. You can explain that your investigation is still ongoing and that you will provide more details at a later time.
- Avoid giving details about your injuries: The insurance adjuster will likely ask about the nature and extent of your injuries. It is advisable not to provide a detailed description at this stage, as your injuries may turn out to be worse than you initially thought. Simply state that you are still undergoing treatment and leave it at that.
- Seek legal assistance if needed: If you feel overwhelmed by the process or concerned about protecting your rights, consider consulting a personal injury attorney. They can guide you through the claims process, communicate with the insurance adjuster on your behalf, and help you navigate any complex legal issues that may arise.
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Give limited personal information
When speaking to an insurance adjuster, it is important to remember that you are not legally obligated to divulge information to them. While remaining polite and respectful, you should only give limited personal information.
Provide your basic contact details, such as your name, address, telephone number, and place of employment. However, you do not need to disclose detailed information about your job, income, family situation, or daily schedule. You are not required to share your personal financial information or details about your family. Politely refuse to answer any questions about these topics.
It is crucial to understand that the insurance adjuster is not on your side. Their primary goal is to protect the interests of the insurance company and minimise their financial payout. They may try to engage in a friendly conversation or ask questions about the accident and your injuries. However, you should avoid discussing these details and politely redirect the conversation or refer them to your attorney.
Remember, when speaking to an insurance adjuster, your priority is to protect your interests and avoid inadvertently sharing information that could be used to deny or reduce your claim.
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Avoid giving accident details
When an insurance adjuster calls following an accident, it is important to exercise caution. Although they may appear friendly and sympathetic, their aim is to minimise the payout by potentially using your information against you. Here are some tips to avoid giving accident details:
- Keep the conversation concise and limited. Make it clear that you will not be giving out detailed information over the phone. Give them your contact information and basic information about the accident, such as when and where it occurred. Do not give them any details about how the accident happened or the extent of your injuries.
- Do not 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 permission. The adjuster will use the recording to attempt to frame your words in a way that casts doubt on the legitimacy of your claim.
- Decline to discuss the circumstances of the accident beyond very basic details such as the date, time, location, vehicles involved, and names of any witnesses. Even in casual conversation, avoid any further information or speculation. The adjuster can obtain the police report and speak to witnesses to determine the facts of the accident.
- Do not admit fault, even partial fault. One of the main goals for an insurance adjuster is to shift blame from their insured client to someone else, even the victim. Avoid any language that could be construed as apologetic or blameful. Admitting any level of fault can eliminate or reduce the compensation that may be available.
- Do not discuss your injuries or prognosis. Only a medical professional can provide an accurate view of injuries and the outlook for your recovery. It is enough to say that you are being treated by a doctor for injuries related to the accident.
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Refuse to give recorded statements
When an insurance adjuster calls following an accident, they may ask you to provide a recorded statement. This is one of the most common tactics insurance companies use to devalue claims. It is within your rights to decline to give a recorded statement.
Recorded statements rarely benefit car accident victims. Most insurance providers use recorded statements to get claimants to say things they can later twist and use against them. For example, if you say you didn't incur any injuries from the crash but start to notice symptoms later on, they can use your original statement to deny benefits.
Insurance adjusters are trained to ask questions designed to catch inconsistencies in your story. They may ask the same question more than once, but worded differently. Some adjusters will ask leading questions or make clarifying statements designed to weaken your claim. For example, they may say, "It sounds like you were going a bit fast around the corner?" or "Thank goodness your back injury wasn't as bad as you thought it was."
If you choose to give a recorded statement, be careful. What you say will become part of your claim forever. Do not be rushed into giving a statement before you feel ready. You can decline to give a recorded statement and say you will send a written statement instead.
If you are contacted by the insurance company of the other driver involved in the crash or any other involved party, you do not have to give a recorded statement. Politely decline and explain that you would like to get legal advice first. Then contact an experienced car accident lawyer.
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Frequently asked questions
Politely decline to give a recorded statement and inform them that you have engaged a lawyer to represent you. Only give basic contact details and do not admit fault or give details about the accident or your injuries.
You can either call frequently to try and get a response, or ask for a supervisor to intervene. Alternatively, you can use your own insurance and get reimbursed later, or contact a lawyer.
You must communicate with the adjuster to process your insurance claim, provide the police report, and share necessary and accurate information. A recorded statement is optional.