If you've been in a car accident, you can expect a call from an insurance claims adjuster within a few days. It's important to know what to do when this happens, as adjusters are trained to foster a friendly conversation that encourages you to make damaging statements about what happened or your injuries. They are not on your side and will try to get you to settle for a low amount, so it's best to keep interactions brief and simple, giving out limited information. Before you speak to an adjuster, understand their role and be aware of what you should and shouldn't say.
Characteristics | Values |
---|---|
When to call an auto insurance adjuster | Within a few days of the incident |
How to deal with an auto insurance adjuster | Keep interactions brief, simple, and only give out limited information |
What to avoid | Giving recorded statements, signing medical release forms, making statements about your health, admitting blame, accepting the first settlement offer |
What You'll Learn
When the insurance adjuster will call
An insurance adjuster will likely call in the days following your accident, and almost certainly within the first few weeks. The first contact will likely be a phone call, as adjusters prefer this method of communication. They may use the live call to assess how comfortable you are with the injury claim process and to encourage you to say something that could hurt your claim. They may also use the call to pressure you into accepting a low settlement offer before you understand the full extent of your injuries.
During the call, the adjuster will probably ask for your basic personal information, such as your name, address, and phone number. They may also ask for details about the accident, including when and where it occurred, and the type of vehicles involved. It is important to proceed cautiously and avoid discussing the specifics of the accident or sharing personal information that is not relevant to the claim.
If you decide to hire a public adjuster, be cautious and ensure they are licensed to operate in your state. Avoid adjusters who charge large sums in advance, advise contractors, or ask for excessive personal information.
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What to say to an insurance adjuster
When an insurance adjuster calls, it's important to remember that they do not have your best interests in mind. Their objective is to get you to accept a low settlement as soon as possible. Here are some tips on what to say and what not to say when speaking to an insurance adjuster:
What to Say
- Keep your cool and remain calm and polite.
- Before discussing anything, get the name, phone number, email address, and company name of the person you're speaking with, as well as the name of the person or business they insure.
- Provide only basic personal information, such as your full name, address, phone number, and work details.
- When discussing the accident, stick to the facts and keep it simple. Share only the most basic information, such as where and when it occurred, the type of accident, and the vehicles involved. Avoid discussing fault or giving specific details.
- If asked about your injuries, simply state that you are "still treating" and avoid giving any details.
- Make it clear that you will not be discussing much on the phone and that you will provide further details at the appropriate time.
- Politely decline any requests for recorded statements or to record the phone conversation.
- Document all interactions with the adjuster, including dates, times, and key points of the conversation.
What Not to Say
- Don't give any detailed information about the accident or your injuries.
- Don't sign any forms or agreements without fully understanding what you are signing and consulting a lawyer first.
- Don't agree to give the adjuster access to your full medical history. Provide only the medical records relevant to the injuries sustained in the accident.
- Don't admit fault or apologise for the accident.
- Don't accept the first settlement offer. Consult a lawyer to assess the fairness of the offer before accepting.
- Don't discuss your personal life, schedule, or anything unrelated to the incident.
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What not to say to an insurance adjuster
When an insurance adjuster reaches out to you after an accident, it's important to remember that they are not on your side. Their job is to make sure you get compensated as little as possible. Here are some things you should avoid saying to an insurance adjuster to protect yourself and your claim:
Don't Admit Fault:
Even if you feel responsible for the accident, avoid apologising or admitting fault. This can limit your chances of receiving a full and fair recovery. Let the adjuster investigate the collision without taking blame or hypothesising about what happened.
Don't Discuss Your Health or Injuries:
Don't estimate the severity of your injuries or downplay them by saying you are "fine". Symptoms may appear later, and a diagnosis may reveal a more serious condition than initially believed. It's best to simply inform the adjuster that you are still under medical evaluation.
Don't Give Recorded Statements:
Decline any requests to give a recorded account of the accident, and do not agree to have your phone conversation recorded. Anything you say may be used against you, especially if you are not thinking clearly after the incident.
Don't Sign Medical Release Forms:
Adjusters may try to access your medical history to claim that you had pre-existing conditions that contributed to your injuries. Protect your claim by refusing to sign any medical release forms.
Don't Take the First Settlement Offer:
The first settlement offer is often significantly lower than your claim is worth. Consult an attorney who can assess the fairness of the offer and help you seek a full and fair settlement.
Don't Overshare:
Only share details directly relevant to the accident and your claim. Avoid discussing your personal life, schedule, or anything unrelated to the incident. Oversharing can give the adjuster information to minimise your claim.
Remember, it is always best to consult with an attorney before speaking to an insurance adjuster to protect your rights and interests.
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When to hire a lawyer
If you've been in a car accident, you may be contacted by an insurance adjuster from the other party's insurance company within a few days. While you may not need a lawyer for every interaction with an insurance adjuster, it is always a good idea to seek legal advice to ensure you are treated fairly.
- Legal Expertise and Advocacy: A lawyer can provide valuable legal expertise and act as your advocate throughout the claims process. They can explain your rights, guide you through the complexities of the insurance system, and help you make informed decisions.
- Protecting Your Interests: Insurance adjusters work for the insurance company and their primary goal is to minimise the company's payouts. A lawyer can help protect your interests by negotiating on your behalf, ensuring you don't inadvertently sign away your rights, and maximising your compensation.
- Handling Communication and Paperwork: Dealing with insurance companies can be stressful and time-consuming. A lawyer can handle all communication with the insurance adjuster, advise you on what to say and what to avoid, and assist with any necessary paperwork.
- Investigating and Gathering Evidence: Lawyers can conduct a thorough investigation of the accident, gather evidence, and build a strong case to support your claim. They can also help you obtain and preserve evidence such as medical records, witness statements, and expert opinions.
- Understanding the Value of Your Claim: It can be challenging to determine the full extent of your losses after an accident. A lawyer can help you understand the value of your claim, including both economic and non-economic damages such as medical expenses, property damage, pain and suffering, and lost wages.
- Dealing with Disputes and Denials: If your claim is disputed or denied by the insurance company, a lawyer can provide crucial assistance. They can help you navigate the appeals process, negotiate with the insurance company, and even represent you in court if litigation becomes necessary.
Remember, it is your right to seek legal representation when dealing with insurance companies. A lawyer can provide you with the knowledge, support, and protection you need to achieve a fair outcome. Don't hesitate to consult with a lawyer, especially if your case involves significant injuries, complex liability issues, or disputes over fault.
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How to avoid a rejected claim
Auto insurance adjusters are the people who decide how much money you will be offered in the event of a claim. It is important to remember that insurance companies are in the business of making money and will try to resolve cases for as little compensation as possible. Therefore, it is wise to contact an experienced attorney before signing any waiver agreements. Here are some tips on how to avoid a rejected claim:
- Contact your insurance company – The easiest way to resolve any concerns is by getting in touch with your insurance agent or the company's customer service department.
- Provide sufficient evidence – When presenting any non-conformity, support it with documents, photographs, and any other evidence that backs up your case.
- Request valuation and arbitration services – Discuss your policy with a counsellor to see if your insurance company offers these services to help resolve disagreements.
- Hire a lawyer – Consider hiring a lawyer with expertise in resolving this type of claim. They can help you understand your rights and ensure you receive the maximum amount of compensation you deserve.
- Be courteous and provide basic information – Only give insurance companies your name, address, and phone number. Keep your emotions in check and remain calm and polite when dealing with adjusters.
- Keep conversations limited – Make it clear that you will not be giving out detailed information over the phone. Only provide basic information about the accident, such as when and where it occurred.
- Don't give recorded statements – Decline any requests to give a recorded account of the accident and do not agree to have your phone conversations recorded.
- Don't sign anything without understanding it – Auto insurance adjusters may try to get you to sign forms that waive your rights. Don't sign anything until you fully understand what you are signing.
- Get the right cover – Make sure you have the appropriate level of insurance cover for your needs. If you think you might need your car for business or commuting, ensure you are insured to do so.
- Update your details – Inform your insurer about any changes, such as car modifications or a change of address.
- Maintain your car – Regular maintenance will keep your car in good condition. If your vehicle is not roadworthy at the time of the accident, your claim is likely to be rejected.
- Be security-conscious – Take precautions to keep your car safe and secure. Park in well-lit areas and don't leave your car unlocked.
- Be realistic – Do not exaggerate the value of a claim, as this could backfire.
- Provide correct information – Do not withhold or give false information to reduce your premium. Be honest about any medical conditions or criminal convictions.
- Act quickly – Let insurers and the police know about any accidents as soon as possible, usually within 24 hours to seven days.
- Disclose previous claims – When applying for car insurance, inform the insurer about any accidents you've been involved in during the last five years, whether they were your fault or not.
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Frequently asked questions
You should call an auto insurance adjuster as soon as possible after an accident. The other party's insurance company will likely contact you within a few days, so it is important to be prepared.
If you don't hear from the insurance company within a reasonable amount of time, it is recommended to call your agent or insurance company for assistance. If they are not responsive, or you believe there is an unreasonable delay, you can contact the Department of Insurance.
If you disagree with how your claim has been handled, you can try contacting your insurance company, providing additional evidence, requesting valuation and arbitration services, or hiring a lawyer to help you resolve the issue.
If you are having trouble reaching your auto insurance adjuster, try calling them at different times of the day or on different days. If you are still unable to get through, you can try contacting your insurance company or agent for assistance.