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After being injured in a car accident, talking to insurance adjusters is probably the last thing you want to do. However, chances are you will receive at least one call from an adjuster in the days following the crash. When you do, it is important that you know what to say — and not to say.
As a baseline, remember that insurers are never looking after your best interests. Therefore, when you receive their call, take a breath and proceed cautiously. Sadly, even your own insurer will always put their interests well ahead of your own.
The Wilhite Law Firm has over 40 years of experience helping injury victims throughout Colorado secure the compensation they deserve. We are ready to help you too, including by making sure you are not taken advantage of by insurers. If you were injured in a car accident at little to no fault of your own, call us today for a free consultation. Read on to learn how to handle a call from an insurance adjuster.
What Are Some Tips for Talking to an Insurance Adjuster After a Car Accident?
One of the most consequential things you’ll do in the aftermath of a car crash is speak with an insurance adjuster. Take this conversation seriously because it will set the foundation for your claim and could affect how much compensation you can recover. With that in mind, here are several tips to help you communicate effectively with the insurance adjuster and protect your claim after a car accident.
Be Prepared
Before you speak with an insurance adjuster, gather all necessary documents and facts about the collision. This includes the accident report, photographs of the scene, and medical reports if you sustained any injuries. Reviewing your insurance policy so you know what it does or doesn’t cover ahead of time is also a good idea. Having all relevant information ready keeps you organized and shows the adjuster you are serious about your claim.
Stick to the Facts
During your conversation with the adjuster, keep your explanations clear and straightforward. Focus on the facts without adding opinions or assumptions. Describe what happened during the accident clearly and avoid discussing fault or other details. Never guess or estimate. If you don’t know the answer to a question, admit that you don’t know and move on.
Limit the Information You Share
Be cautious about the information you provide to the insurance adjuster. Only share details directly relevant to the crash and your claim. Avoid discussing your personal life, schedule, or anything unrelated to the incident. Oversharing can give the adjuster information they will use to minimize your claim.
Avoid Giving Recorded Statements
Be cautious if the adjuster asks you to give a recorded statement. Always consult a lawyer before agreeing to record any conversation about the accident. Adjusters can use recorded statements to challenge your claim if inconsistencies appear. Politely decline any requests for recorded statements until you can seek legal advice.
Document Your Communications
Keep detailed records of all your interactions with the insurance adjuster. Note the dates, times, and key points of each conversation. If you exchange emails or letters, save these communications as well. This documentation can be helpful if there are disputes about your claim or the process stalls. Detailed records allow you to provide a clear timeline of events and protect your interests with evidence of all exchanges.
Avoid Settling Too Quickly
Resist the urge to accept the first settlement offer, especially if it seems low. Take your time to review the offer and compare it with the losses you’ve suffered. If the initial offer does not cover all your expenses, your attorney can try negotiating for a higher settlement or taking your case to court if necessary. Keep in mind that once you accept an offer, you cannot ask for more money later – even if new injuries or complications arise.
Ask Questions
Don’t hesitate to ask the adjuster questions if anything about your claim or the process is unclear. Inquiring about the timeline for processing your claim, any additional documentation they need, or how they calculate offers can provide a clearer understanding of the situation and a basis for future negotiations.
Consult a Lawyer
If you find the claims process overwhelming or feel uncertain about the fairness of the adjuster’s requests or offers, talk to a trusted lawyer. They can communicate on your behalf, protect your rights, and help you avoid saying anything that could negatively impact your claim. Having a lawyer handle discussions with the insurance company can take the pressure off you and help you pursue a favorable settlement. Contact our Denver car accident lawyer today.
Should I Notify My Insurance Company?
You should notify your insurance company as soon as possible after a car wreck, but it’s wise to consult a lawyer first. A lawyer can guide you on what to say and what not to say during your initial conversation with the adjuster. This is crucial because the information you give can impact how your provider processes your claim.
Once you’ve gotten advice from your lawyer, promptly notify your insurance company to start the claim process. They will guide you on what to do next and the information you need to gather. This typically includes details about the other vehicles and drivers involved, the extent of any damage to your car, and any injuries you suffered. Remember, many insurance policies require timely reporting of accidents. Failing to do so could jeopardize your claim.
Should I Make a Statement to the Insurance Adjuster?
It’s best to be cautious when making statements to insurance adjusters after a collision, especially if they intend to record what you say. While you should cooperate with the adjuster, carefully consider what you will say beforehand. Always consult a lawyer before giving any recorded statements. They can guide you on how to respond to protect your interests.
During your initial conversation, stick to the basic details of the incident, such as where and when it occurred and who was involved. Avoid discussing fault or offering personal opinions about the accident. What you say can significantly influence how the adjuster handles your claim. It’s wise to seek guidance from a legal professional first.
Why You Should Not Trust Insurance Companies After a Car Accident
Insurance adjusters may seem friendly on the phone. Do not be fooled. Remember, insurers are for-profit businesses concerned with protecting their own bottom line. To that end, the primary job of adjusters is to save their company money by denying as many claims as possible within the constraints of the governing policy and law.
To achieve this, they will use whatever information you provide against you where possible. Therefore, you should proceed with caution anytime you interact with an insurance adjuster investigating your claim. The best way to make sure you are not taken advantage of is by hiring an experienced injury attorney to protect your rights, negotiate on your behalf, and fight for you in court if necessary.
What Should I Say if an Insurer Calls After an Accident?
As a rule of thumb, stick to the facts. You should never lie when filing or discussing a claim with any insurer, as doing so may compromise your claim and lead to serious legal trouble down the line. However, you should also protect your interests by only providing the information you are required to by law. As it turns out, you are required to reveal very little before hiring an attorney.
What Should You Say When Your Own Insurer Calls?
Unfortunately, even your own insurer cannot be trusted to act in your best interests when processing your claim. Even so, insurers often require their policyholders to promptly report any car accident they are involved in. Failure to do so can eliminate your right to compensation through an insurance claim. Therefore, you should report accidents you are involved in to your insurer soon after they occur to avoid complications.
That said, when making your report, you are not required to go into detail. Provide your name, phone number, and address. If pressed for more, inform the adjuster of things like the date, time, and location. However, you are not required to discuss the nature of your injury, the treatment you received, and how the crash occurred. If they press further, inform them politely that your attorney will be in touch to discuss your claim.
What Do I Do If I Disagree with the Insurance Adjuster?
If you disagree with the insurance adjuster’s assessment of your claim, you have several options. Your first step should be to discuss your concerns with a lawyer, who can then communicate directly with the insurance adjuster for you.
Your lawyer can challenge the adjuster’s conclusions, backed by all necessary documentation, such as medical records, repair estimates, and photographic evidence. If the dispute continues, your lawyer can formally request a reassessment and, if necessary, prepare for further legal action. Having a lawyer advocate for you strengthens your position and increases the likelihood that the adjuster will handle your claim fairly.
What Questions Do Insurance Adjusters Ask?
After a car accident, the adjuster will ask you several questions to understand the collision and determine the extent of your injuries and related losses. Preparing for these questions can help you provide clear, concise answers and support a smoother claims process. Here are some examples of questions you might get and tips on how to respond to them effectively:
“How are you feeling today?”
This seems like a casual, polite starter question. But the adjuster could use your response against you. If you respond with “I’m fine,” the adjuster might note it as evidence that your injuries are not that serious. It’s better to be specific and state that you’re currently under medical evaluation and that it’s too early to assess your condition fully. Always relate your response to the ongoing treatment or recovery process rather than providing a general assessment of your well-being.
“Can you describe what happened in the accident?”
Expect this question since the insurance adjuster will need a clear account of the incident to begin their evaluation. You can prepare by reviewing the accident in your mind and writing down a timeline of events before the call. Stick to the facts when describing the sequence of events leading up to, during, and immediately following the collision. Avoid speculating about causes or who is at fault.
“Do you think you could have done anything to avoid the accident?”
The adjuster might ask this question to provoke a response that could imply partial fault. It’s essential not to theorize or accept any blame inadvertently. You should clearly state the facts as they occurred without adding hypotheticals about what you could have done differently. If you’re unsure, it’s perfectly acceptable to say you cannot provide additional details beyond what you witnessed and know.
“What is the extent of your injuries?”
If the adjuster asks about your injuries, be honest but precise about the injuries you sustained. Do not speculate about their severity or potential long-term impacts. Before speaking to the adjuster, review what your medical records say about your injuries. Provide a straightforward description of your condition and the medical care you have received. Have all relevant medical documentation ready so you can reference it during the conversation.
“Can we have access to your full medical history to process your claim?”
While this request might seem reasonable, adjusters can use your full medical records to look for pre-existing conditions that could damage your claim. It’s best to provide only medical records relevant to the injuries you sustained in the accident. Always consult a lawyer before releasing any documents to an adjuster. They can advise you on the necessity and scope of the requested information.
Do I Have to Talk to the Other Driver’s Insurance Adjuster?
You are not required to talk to the other driver’s insurance adjuster after a crash. If their adjuster contacts you, it’s often best to direct them to your lawyer or insurance company. Handling communications this way protects you from accidentally saying something the other insurance company could use against you.
Your own insurance company or lawyer can communicate effectively on your behalf to protect your interests. You can decline any direct conversation with the other party’s insurance adjuster without jeopardizing your claim.
What Should You Say When the Other Driver’s Insurer Calls?
If the at-fault driver’s insurer calls, you are not required to answer at all. If you answer the call, keep the conversation brief. Just as with your own insurer, inform them that your attorney will be in touch. Once they are on notice that you have legal representation, the at-fault party’s insurer should direct all communication to your lawyer.
What Are Six Things Not To Say When an Insurer Calls?
When dealing with insurers, what you do not say is just as important as what you do. This section explores six things to avoid when discussing your claim with insurers, especially before securing legal representation.
1. “It Was My Fault.”
Do not admit fault for the accident or say anything that could be construed as an admission. For example, do not apologize for the crash, even if you feel bad that someone was hurt. An apology suggests that you were somehow responsible. Insurance adjusters will note even slight indications of culpability as a potential reason to deny your claim.
2. “I Feel Fine.”
One of the first questions an insurance adjuster will ask is, “How do you feel?” If confronted with this question, you should simply inform the adjuster that your attorney will be in touch with your medical records when the time is right.
Remember that your compensation in a car accident case is largely calculated based on the pain and suffering you experience due to your injuries. Therefore, it is important that you do not undermine your claim by understating the severity of your injuries, especially if they have not been evaluated by a doctor.
3. “I Think . . .”
Speculating about a car accident is never a good idea, especially when discussing causation and fault. Remember that you do not have to answer every question an adjuster asks. If they press you to speculate, simply inform them that you do not feel comfortable doing so. Your speculative opinion can easily backfire if evidence collected later undermines your account.
4. “Yes, You Can Record My Statement.”
You are not legally required to provide insurance companies with a recorded statement. Never give one, as insurers will scour the recording for anything they can use against you. If one is requested, politely decline. Even if you feel pressured, stand your ground.
5. “Yes, I Will Sign a Medical Release.”
Your medical records will be the primary source of evidence used to evaluate the extent of your injuries. In turn, this information will be used to calculate the compensation you are owed.
Your medical records are private and strictly protected by law. Insurers can only access them with your permission, which they will request that you give by signing a medical release. Do not give it. Instead, let your attorney send your records after they review them first.
6. “I Accept Your Offer.”
You may be tempted to accept an insurer’s first settlement offer. However, their first offer is almost never their best. Often, insurers even calculate their first offer under the assumption that you have not yet obtained legal representation. They do so because they know that most injury victims have little experience handling the aftermath of an accident. In other words, they prey on the vulnerable and unprepared. Do not be caught off guard.
How Does the Law Protect Consumers from Insurers?
Insurance companies must act in “good faith” when issuing policies and processing claims. This simply means that they are legally required to treat you fairly and process your claims transparently. Among other things, the Colorado Unfair Claim Settlement Practices Act specifically prohibits insurers from:
- Refusing to pay a claim without investigating
- Misrepresenting the provisions of an insurance policy
- Unnecessarily delaying the claims process
- Trying to settle a claim for less than a reasonable person would believe they are entitled to
- Failing to explain the basis for denying a claim
Failure to comply with these restrictions leads to serious legal consequences. If you think you are the victim of an insurer’s bad faith, you should have your case reviewed by an attorney as soon as possible. The Wilhite Law Firm is a phone call away.
Speak to an Experienced Car Accident Attorney Today
If you are injured in a car accident at little to no fault of your own, the best way to protect your right to compensation is to have your case reviewed by an experienced car accident lawyer as soon as possible. To minimize the risk of undermining your own claim, avoid speaking to insurers before securing legal representation.
The Wilhite Law Firm has decades of experience helping injury victims throughout Colorado secure the compensation they deserve. We are ready to help you too. If you were injured in a car accident caused by someone else, contact us today for a free consultation.
