In the days following a car accident, your phone will start to ring. On the other end of the line will be a friendly, concerned-sounding person from the other driver’s insurance company. This person, the insurance adjuster, will tell you they are just calling to check on you and to get your side of the story. They will sound helpful. They will sound like they are on your side. It is a carefully crafted illusion, and falling for it can be a devastating mistake for your personal injury claim.
If you are dealing with the aftermath of a car accident, it is absolutely critical that you understand the true role of the insurance adjuster. They are not your friend. They are not a neutral party. They are a trained professional whose primary job is to protect their company’s bottom line by paying you as little as possible, or nothing at all. Knowing how to interact with them is one of the most important things you can do to protect your rights.
This guide is here to pull back the curtain on the tactics used by insurance adjusters and to give you a clear set of rules for how to deal with them.
The Adjuster’s Playbook: Common Tactics to Watch Out For
Insurance adjusters use a variety of tactics to minimize or deny claims. Recognizing these tactics is the first step to defending yourself against them.
- The Quick Settlement Offer: One of the most common tactics is to offer you a quick check, sometimes just a few days after the accident. They might say it’s to help you with your immediate bills. This may seem tempting, especially if you are out of work and feeling financial pressure. However, this is almost always a lowball offer that does not come close to covering the full extent of your damages. If you accept it, you will have to sign a release form that forever bars you from seeking any more compensation, even if you later discover your injuries are far more serious than you initially thought.
- The Recorded Statement: The adjuster will almost certainly ask you to provide a recorded statement to “get your side of the story.” You are under no legal obligation to do this. This is not an innocent request. The adjuster is trained to ask leading questions and to get you to say things that can be taken out of context and used against you later. You might downplay your injuries because you are feeling tough, or you might accidentally say something that sounds like an admission of fault. A recorded statement can only hurt your claim; it can almost never help it.
- The Medical Authorization Form: The adjuster will ask you to sign a broad medical authorization form, claiming they need it to verify your injuries. Do not sign it. This form often gives them the right to dig through your entire medical history, looking for any pre-existing conditions or old injuries they can use to argue that your current pain is not from the accident.
- The “Friendly Advice”: Adjusters will often act like they are giving you helpful advice. They might tell you that you don’t need a lawyer, or that a lawyer will just take all your money. This is a self-serving tactic designed to keep you from getting the professional legal representation you need to level the playing field.
The Rules of Engagement: How to Protect Yourself
So, how should you handle the inevitable phone call from the other driver’s insurance company? The rules are simple but powerful.
- Rule #1: Do Not Give a Recorded Statement. Politely but firmly decline. You can say, “I am not comfortable giving a recorded statement at this time.” You do not need to give a reason.
- Rule #2: Do Not Sign Anything. Do not sign any medical authorizations, release forms, or any other documents from the insurance company without having them reviewed by an experienced attorney.
- Rule #3: Do Not Accept a Quick Settlement. Never accept a settlement offer until you have completed all of your medical treatment and you know the full extent of your injuries and financial losses.
- Rule #4: Limit Your Communication. You are only required to provide the other driver’s insurance company with basic, factual information, such as your name, contact information, and the date and location of the accident. You do not have to discuss the details of the crash or your injuries.
- Rule #5: Hire an Attorney. The single best way to deal with an insurance adjuster is to not deal with them at all. Once you hire a personal injury attorney, the insurance company is legally required to direct all communication to your lawyer. This immediately stops the harassing phone calls and protects you from their tactics.
Frequently Asked Questions (Q&A)
Q: Do I have to talk to my own insurance company?
A: Yes. Your insurance policy is a contract that requires you to cooperate with your own insurance company. You should report the accident to them promptly and truthfully. However, if you have a claim for uninsured or underinsured motorist coverage, your own insurance company can sometimes take on an adversarial role, so it is still wise to be cautious.
Q: The adjuster said my claim is straightforward and I don’t need a lawyer. Is that true?
A: No. This is a classic tactic. If your claim was truly straightforward, they would simply pay you what you are owed. The fact that they are trying to convince you not to get a lawyer is a strong sign that they know a lawyer will be able to get you a much larger settlement.
Q: What if I think I was partially at fault for the accident?
A: You should still not discuss fault with the insurance adjuster. Georgia has a “modified comparative negligence” rule, which means you can still recover damages as long as you were less than 50% at fault. Determining fault is a complex legal issue, and you should let your attorney handle that analysis.
Leveling the Playing Field
Dealing with an insurance adjuster is not a fair fight. They are a professional negotiator who handles claims like yours every single day. You are an injured person who is likely going through this for the first time. The best way to level the playing field is to have a professional on your side.
An experienced Georgia car accident attorney can take over all communication with the insurance company, handle the complex paperwork, and build a strong case to ensure you receive the maximum compensation you are entitled to. If you have been injured in an accident, we invite you to contact us for a free, no-obligation consultation. Let us deal with the insurance company so you can focus on what matters most: your recovery. Visit our homepage to learn more.