Dealing with Insurance Adjusters After a Car Accident
An insurance adjuster's job is to settle your claim for as little as the company can legally pay. They are trained professionals who handle hundreds of claims per year — and they are talking to you when you are injured, stressed, and at an information disadvantage. Understanding their tactics and your rights before you take their first call is the single most important thing you can do to protect your settlement.
First Responder Insight: People at accident scenes are in shock — adrenaline, fear, pain. That is exactly when the other driver's insurance company calls. They know you have not seen a doctor yet, do not know the extent of your injuries, and may say things like "I'm fine" just to be polite. That call is not a courtesy — it is a fact-gathering mission.
Types of Adjusters and Who They Work For
Staff Adjuster
A salaried employee of the insurance company. Handles claims for one insurer. Has a direct financial incentive to minimize payouts.
Independent Adjuster
A contractor hired by the insurer for overflow or complex claims. Paid per claim — also incentivized to close quickly and cheaply.
Public Adjuster
Works for YOU, not the insurer — typically used for property damage disputes. Rare in auto injury claims but available.
8 Common Adjuster Tactics — and How to Counter Them
1. Calling You Immediately After the Accident
Their goal: Get a statement before you know the extent of your injuries or have spoken with an attorney.
Counter: You are not required to speak with the other driver's insurer right away. Say: "I am still receiving medical evaluation. I will contact you when I am ready to discuss the claim." Write down the adjuster's name, number, and claim number.
2. Requesting a Recorded Statement
Their goal: Lock you into an account of events and symptoms before your injuries are fully documented. Any inconsistency later can be used against you.
Counter: Politely decline. Say: "I prefer to provide any statement in writing. Please send your questions via email." You have no legal obligation to give a recorded statement to the adverse insurer.
3. Asking How You Are Feeling
Their goal: Get you to say "I'm fine," "It's not that bad," or "I feel okay" — which they will use to argue your injuries were minor.
Counter: Never comment on your physical condition. Say: "I am under medical care and following my doctor's advice. I prefer not to discuss my symptoms at this time."
4. Quick Settlement Offers
Their goal: Settle before you know the full cost of treatment. Once you sign, you waive all future claims — even if symptoms worsen.
Counter: Never accept a settlement offer before your medical treatment is complete and your doctor has given a prognosis. Always say: "I am not prepared to discuss settlement until my treatment is concluded."
5. Disputing Medical Treatment as "Unnecessary"
Their goal: Argue that some of your treatment — PT sessions, specialist visits, MRI — was excessive or unrelated to the crash.
Counter: Follow your doctor's prescribed treatment plan and document medical necessity in every record. A gap in treatment or a missed appointment gives them ammunition. Get referrals in writing.
6. Requesting Blanket Medical Record Authorization
Their goal: A broad medical release lets them access your entire medical history to find pre-existing conditions they can blame for your injuries.
Counter: Provide a limited authorization specific to the accident — records from the date of the crash forward, limited to treating providers. Do not sign a blanket release without legal advice.
7. Using Social Media
Their goal: Find photos or posts showing you active or happy to contradict your injury claims.
Counter: Set all social media to private. Do not post anything about the accident, your recovery, or activities. Even a photo of you at a family dinner can be taken out of context.
8. Using an Independent Medical Examiner (IME)
Their goal: Have a doctor hired by the insurer evaluate you and produce a report minimizing your injuries — often called a "defense medical exam."
Counter: Attend the IME if required under your own policy. Bring a witness if allowed. Document everything about the examination. Your treating physician's opinion carries more weight — ensure they document thoroughly.
How to Respond to a Lowball Settlement Offer
- Do not accept immediately — you have time to evaluate any offer
- Request the offer in writing — with their calculation and reasoning
- Calculate your actual damages — medical bills, lost wages, future treatment estimates, pain and suffering
- Send a formal demand letter — citing all documented damages with supporting records
- Counter with a higher number — leave room to negotiate; do not start at your absolute minimum
- Consult an attorney — if they refuse to negotiate meaningfully, legal representation typically produces significantly higher settlements
When to Hire an Attorney
Consider hiring a personal injury attorney if:
- Your injuries are serious or long-term
- Liability is disputed
- The adjuster has denied your claim or stopped responding
- You have received a settlement offer that does not cover your medical bills
- You feel pressured to sign or settle quickly
Most personal injury attorneys work on contingency — 33% of the settlement, with no upfront cost. Research consistently shows that represented claimants receive significantly higher settlements even after attorney fees.
Key Takeaway
You are not required to be cooperative to the point of harming your own claim. Be polite, be factual, provide documentation — but do not give recorded statements, do not comment on your physical condition before a full medical evaluation, and do not accept any offer before your treatment is complete. The adjuster's friendliness is professional — their instructions are to minimize your payout.