After a Car Accident
How to Deal with Insurance Adjusters
This is the most comprehensive guide on how to deal with insurance adjusters after a car accident in 2019.
Adjusters from insurance companies will do anything they can to save the insurance company money – including delaying and denying your claim.
In short: before you start talking to insurance adjusters, you NEED to read this guide.
Let’s dive right in.
Quick Summary of How to Deal with Insurance Adjusters:
- Find Out which Insurance Company the Adjuster Represents.
- If they are from your own Insurance Company, you have a Duty to Cooperate with them.
- If they Represent the other Party's Insurance Company, be Careful -
- Do Not Speak to other Adjuster Directly. Have a Friend or Lawyer Speak to them.
- Do Not give the Other Side a Recorded Statement.
- Do Not Sign any Documents from the Other Insurance Adjuster.
- Do Not Settle Your Claim too Quickly.
- Consult with an Experienced Personal Injury Lawyer to Protect Your Rights.
Contents
Chapter 1:
How to Deal with Insurance Adjusters from Your Own Insurance Company
Under your insurance policy, you as the insured have a duty to cooperate with your insurance company.
Cooperation means: participating in the investigation of the claim.
Here’s the Deal: You Need to Know which Company the Adjuster Represents
When your phone rings and it is an insurance adjuster calling to talk to you about your claim, find out which insurance company is calling you.
It is extremely important to know which insurance company the adjuster works for when speaking with them and how to deal with insurance adjusters after a car accident to protect your rights.
This is because insurance adjusters interests’ align with the insurance company they represent and the insured.
Sometimes it is your own insurance company, and more often, it is the adjuster who works for the company that only cares about their insured, not you.
Your insurance company needs to know what happened and how bad was it for a few reasons.
First, if you were injured, they will have to pay your PIP (no fault benefits).
Next, they will need you to fill out a PIP application, which includes a medical records authorization form.
Is Filling Out a PIP Application Okay?
This form allows them to look at the medical records related to the medical bills that are presented to them for payment.
This is a perfectly normal request you should comply with.
Then, your insurance company also needs to know if you were at fault in any way.
This is because if you were at fault, someone might make a claim against you.
So they need to be prepared to defend that claim if it exists.
What Happens if I Don’t Cooperate with my Own Insurance Company?
In some cases, your insurance adjuster will request a recorded statement from you about what happened.
You must give your insurance company a recorded statement or they can deny paying your claim.
HOWEVER, I strongly advise you only give a recorded statement with the help of an experienced personal injury attorney to protect your rights.
After the recorded statement, your insurance adjuster uses the information to determine who was at fault.
What if I was at Fault? Will my Insurance Company Pay?
If you were at fault, your insurance company will attempt to take care of the damages you may be at fault for.
If you were at fault in some way, your insurance will cover the bodily injuries sustained by the other party up to the policy limits under your coverage.
But, your insurance company will ultimately decide whether they will pay any claims against you and the amount to be paid.
So, if you have to give a recorded statement, you would be well advised to get help from an attorney to protect your rights.
Chapter 2:
How to Deal with Insurance Adjusters from the Other Party's Insurance Company
If you speak with an insurance adjuster, it’s not just an unimportant, friendly chat.
The insurance adjuster’s job is to save the company money.
Beware of Recorded Statements
If you were not at fault for an accident, the other party’s insurance adjuster will request a recorded statement.
But, in this case, you are not required to give a recorded statement at all.
It is purely voluntary.
Choosing to give one to the other party’s insurance company will never benefit you!
Giving a Recorded Statement to the Other Side Will Never Help You!
You do not, under any circumstances, have to give the other party’s insurance company a recorded statement.
As an experienced personal injury lawyer, I tell my clients to avoid recorded statements to the other party’s insurance.
They can use and misconstrue anything you say in their favor.
How do I Avoid Giving a Recorded Statement?
If insurance adjusters ask you for a recorded statement, say:
“Not until I talk to a lawyer.”
It is best if an experienced accident attorney speaks to the insurance company for you because they know how to deal with insurance adjusters after a car accident to protect your rights.
When an insurance adjuster visits your house or calls you, have a friend/relative speak with them, not you.
This is because if your friend says something that is incorrect, it won’t be held against you.
What’s the Big Deal? What if I Speak to the Adjuster Myself?
If you speak with an insurance adjuster, it’s not just an unimportant, friendly chat.
The insurance adjuster’s job is to save the company money.
If an adjuster casually asks:
“How are you today?”
And you respond:
“Fine,”
They will write in their notes you are not hurt because you said you were fine.
Adjusters will also try to make you admit the accident was partially your fault.
If you admit anything, the insurance company avoids paying the full value of your claim.
What if they Force Me to Tell them My Version of the Accident?
If you absolutely have to give your version of what happened to pay your property damage, tell them you will.
But also say they are NOT allowed to record the statement.
Then, if the adjuster wants to use something you said, they have to testify instead of a playing a recording.
Remember, the insurance company assumes most people don’t know how to deal with insurance adjusters after a car accident.
They can easily take advantage of people during a claim.
Chapter 3:
Beware of Signing Documents
The other party’s insurance adjuster will ask you to sign a medical authorization to order all your medical records.
As an experienced personal injury lawyer, I strongly recommend you forward your own medical records and bills to the insurance adjuster.
Some of the medical authorizations the insurance adjuster want you to sign give them the power to retrieve more information about you than what they need.
And they don’t have to tell you what records they got with your release.
Dangers of Signing a Medical Release Form
Sometimes they will use the release to talk to your doctors without you even knowing about it.
Or they may go way back in time and obtain records that have nothing to do at all with your injury claim.
Also, the medical release won’t have an expiration date, so they might keep using your release to obtain records even after you have hired a lawyer.
Another major problem is insurance adjusters are usually not lawyers.
Do Insurance Adjusters Know the All of the Legal Consequences?
Insurance adjusters cannot fully advise you on all of the legal ramifications of signing documents or releases.
That is why it is always best to consult with an experienced personal injury lawyer before signing documents.
Always seek advice from an attorney before signing releases.
Why Should I Review My Own Medical Records First?
Review your medical records from all the doctors you saw before giving them to the insurance adjuster.
This is so you can check your medical records for any mistakes.
Address any mistakes with your doctor, then submit them to the insurance company for scrutiny.
Do not rely on your doctors to know how to deal with insurance adjusters after a car accident.
Always seek advice from an experienced car accident lawyer first.
Chapter 4:
Beware of Settling Your Case Too Quickly
Insurance adjusters may attempt to settle your bodily injury case before your medical treatment starts.
An insurance adjuster could show up at the scene of the accident, or show up at your house within 24 hours of a claim trying to settle your case.
They usually try to offer a nominal amount for your “inconvenience.” An offer may be $500.00.
Why Would they Offer Money so Quickly?
Well, they probably know the value of your injury claim a lot better than you do.
And if they can get you to settle before you go to the doctor, then they will have taken advantage of you.
Once you take the settlement money and sign a release, you are probably never going to bring a claim if your injuries or damages and losses turn out to be more than you anticipated.
What if I Feel Fine? Why Should I Wait to Settle My Case?
Insurance adjusters can get pushy in the process of trying to close your case quickly.
Most of the time people don’t know the extent of their injuries within 24 hours.
After an accident, adrenaline may still be in your system, masking any feelings of pain.
Or you may be unaware of internal injuries only doctors can diagnose.
Get Cleared by Qualified Doctors First
That is why it is important to take your time and let a doctor advise you about your injuries.
If you need help finding a doctor after a car accident, click here to check out my definitive guide.
Taking time protects you – not the insurance company.
Make sure you know the full extent of your losses and damages before you sign a release.
How Much Time Do I Have to Settle My Case?
There are time limits to all types of cases.
In Florida a car accident time limit is 4 years from the date of the accident, and if you have an uninsured motorist claim it is 5 years.
However, if a wrongful death is involved, then the time limit is only 2 years.
And yes, there is a 14 day time limit to go to a doctor if you want to use your PIP no fault insurance.
The key to time is this, ask an experienced lawyer about how much time you have because there are exceptions to this simple explanation.
For more information on personal injury statutes of limitation in Florida, click here to read a simple explanation.
Chapter 5:
Why You Should Contact a Qualified Injury Attorney Quickly
You may think you can handle your case by yourself.
You might be able to.
However, more often than not, you need a personal injury lawyer’s help.
Consider this:
When you hire a personal injury attorney on a contingency fee basis – which means you only pay the attorney if they recover money for you…
it does not cost you a penny more to hire them right away.
And by calling an attorney quickly, you get help sooner.
The attorney can start taking steps to collect and save important evidence.
The lawyer will guide you through the whole process, answer your questions and help move your case forward while avoiding costly mistakes.
How Do I Find the Best Lawyer for My Type of Case?
If you have any questions or doubts in your mind, contact an experienced accident attorney for guidance.
Find a lawyer who focuses their practice on helping injured people.
Find a lawyer with prior insurance company defense experience, but who now only represents people – NOT insurance companies.
Board Certified Lawyers are the Best and Don’t Cost Extra!
Look for a lawyer who is Board Certified by the Florida Bar as a Civil Trial Lawyer because this is a distinction that must be earned and not purchased.
For more information on how to choose a personal injury lawyer, click here to read my how-to guide.
If I Hire an Attorney Will the Insurance Company Withdraw their Offer?
No, it is important to know that insurance companies rarely ever withdraw settlement offers.
If an insurance adjuster is trying to pressure you to settle, the offer they make will most likely be available in the future.
If you decide to settle your case on your own, make sure all you have all of the information you need before settling.
You should know what your injuries are, what your medical costs are, and what your future medical needs and risks are.
You should consider how your injuries may affect your ability to work in the future.
Questions to Consider Before Settling Your Case:
- Will your injuries cause you to have to take more breaks than you did before?
- If you weren’t injured, would you be more likely to get raises and promotions?
- Will you have to retire sooner?
- How much income will you earn a year at the end of your work life?
- If you have to retire 2 years earlier than you planned on due to arthritis in your spine, how much money will you lose?
- What is the value to your happiness and quality of life?
- How will the injuries you received due to the fault of another affect you in 10 or 20 years from now?
Will the Insurance Company Settle with me Now and Pay my Future Medical Bills?
No, the insurance company wants to buy their peace from you.
They want to get a FULL Release of all claims from you so they can close their file and go on to the next claim.
In a personal injury situation, they are not going to agree to keep your claim open for the rest of your life.
Therefore, once you settle your case, it is forever.
Don’t make a mistake and settle for too little.
What has your experience with car insurance adjusters been like?
I hope this article makes you feel more comfortable with how to deal with insurance adjusters after a car accident.
In the comments below, let me know about your experience with car insurance adjusters.
If you would like to speak with a Board Certified Civil Trial Lawyer, call me, Matt Powell.
I would be glad to help you with any questions you may have about how to deal with insurance adjusters after an accident.
Please call my office at 813-222-2222.
Want to Know More Secrets About Insurance Companies? Click Here
About Author
Matt Powell is a Board Certified Civil Trial Lawyer by the Florida Bar who represents injured victims and their families. He is an experienced personal injury trial attorney who has been practicing since 1989 in Tampa, Florida. Simply call our offices or fill out our contact form to schedule a free consultation today.
I have an car accident and my insurance said that they were going to pay my debt with the bank and I have to pay 600 and they arr not going to pay the interest the that I paid for my car what should I do?
Hello, Rogelio. You can call me at my office at 813-222-2222 and I would be happy to answer any questions you have. Thanks. – Matt
My father hit something as he was driving on a highway, he does not know what it was he says that he thought it was an animal that jumped out, the right side of the car is crashed and now is going through process wether the insurance will decide between total loss or if repairs will be done. I believe the insurance did it total loss and so he will lose the car. He is currently paying it and only needed 6,000 to finish paying for the car. Can anything be done?
If you father wants to keep the car, he can make a deal with the insurance company where they will reduce the payment for the total loss, but the amount of scrap value. Then he can fix the car and keep driving it, but he runs the risk of the car not being fixed properly. And when he tries to sell the car, it might be very hard, they may want to put on the title that the car was totaled, thus making it harder to get a clean title and tags.
My suggestion is for him to talk to the insurance company and push hard for the repairs, and ask them not to total the car.
Great post! A victim should not be cheated out of what they deserve. This is why I feel it’s so critical to have an experienced attorney to help you so that you are not cheated. Thanks for sharing your ideas!
This isn’t an injury case but, the insurance company refuses to pay 100% of my claim. They are offering 80% saying 20% was my fault because I didnt see the other car coming. Police report states it was the other persons fault and even a letter from the ins company is stating that their client failed to yield at a intersection but, still refusing to pay full cost. What would be our next step?
I would need to know more about the facts, and what damages they are not paying you. Please contact an attorney in your area to discuss the details and get some good local advice.
HiI known that my lawyer did not representative of my case was not in my best interest. First hegave5 yrs of my medical record and he wants me to signed a release put my healthcare at risk. I am not pleased with this settlement. After paying my medical bills the lawyer and I get equal amount $1100
Sorry to hear about your unfortunate situation. I hope your health comes back to where you were before your injury. I don’t think there is much you can do now.
The at fault insurance company offered me 20% of my medical Bill’s after I sent them a pip denial form from my insurance company. Is that lawful?
& where in the law?
Hi Emmanuel,
You don’t have to accept their offer. I suggest you hire an attorney.
My daughter had an accident 8/9/18 an electronic commercial truck cross her path my daughter tryed to stop. The police had to come the commercial truck was at fault. I got a claim #. I went for police report myself. Email everthing to liberty mutual. And still nothing has been done.
I would suggest you hire an attorney quickly. As time goes by evidence and witnesses start to disappear. Don’t count on the insurance company to guide you or your daughter in this situation. I hope your daughter is okay and you are able to resolve the claim without an attorney, but time is not on your side. Good Luck. Matt
I like how you said that our insurance company needs to know what happened and how bad it was to make an adjustment. I am going to my insurer to file a claim. Thanks for the tips on how to deal with insurance adjusting.
Good luck.
hi my fiancé was rear ended in an accident and the insurance company is denying his claim and we are out of a vehicle at the moment, he was not hurt too badly didn’t even go to the hospital, but I don’t know how to deal with this, and we cannot afford an attorney
Sadly, I don’t know of any attorney who would be able to help you with just the property damage claim. The reason attorney’s don’t want to take that sort of claim, is at the end, their fee will reduce what you are paid for your car. However, if you bring an injury claim, the property damage can be included in the claim, and in the end, it makes good financial sense for you and the attorney.
I 3ad in an accident, the day after i changed my policy and now the adjuster is playing games. I havr done everything he asked of me. And still wants more. I received minor injuries but didnt go to the doctor yrt, because of him and yhe towing company is threatening me and he wont fo nothing
I REALLY NEED SOME HELP
The bad part of a crash is that you have to get your car away from the tow company quickly before you run up huge storage fees. I have seen cases where the fees exceeded the value of the car, and as a result, the towing company will auction off the car to get their lien paid. So, move quickly and get your car to a place that won’t charge you storage. And you must go to a doctor to prove your injuries if you want to make an injury claim. No documentation = no injury.
I was injured in 2016 by an 18 year old. It totaled my car but he swore he was going 20 miles an hour. I had whip lash, contusions on my knee and thigh. Didn’t know the extent of the injures until the next day. I did go to the emergency room the day of. I had arthritis in my back but it was not bothering me until the accident. Now, the things that I use to do because of the pain has stopped me from doing things that I use to do. The insurance company only offered 6000.00. The attorney I had dismissed herself from the case because I would not accept the offer. Now, I have another and it’s at the point of her filing a complaint with the owner of the car. The young man is now in college. I am tired of waiting. What can I do?
Encourage your attorney to file the suit against the at fault driver. The sooner you take a bold step, the quicker your case will be resolved. Good luck and I hope you get your health back.
ILEASED A 2018 VOLKSWAGON PASSAT TWO DAYS BEFORE THE ACCIDENT THAT MY WIFE WAS INVOLVED IN. A WOMAN DRIVING A BEAT UP 2006 JEEP SLAMMED ON HER BRAKED IN FRONT OF MY WIFE. NO WAY MY WIFE COULD OF PREVENTED HER FROM NOT HITTING HER CAR. 2 POLICEMAN WERE ON THE SCENE OF THE ACCIDENT, NO ONE WAS HURT AND EVERYONES LICENSE AND INSURANCE CHECKEDD OUT ON THE POLICEMANS COMPUTER. THE WOMAN DRIVIG THE BIG JEEP THAT MY WIFE HIT HAD MINIMAL DAMADGE. MY WIFE TALKIG TO THE WOMAN OF THE CAR SHE HIT WAS TOLD BY MY WIFE THAT ALL SHE NEEDED A LITTLE PIPE TO STRAIGHTEN OUT HER FENDER. THE LADY COMMENTED AND SAID OH NO , I AM GOING TO GET ALL THE DENTS OUT OF THE CAR AND HAVE IT FULLY REPAINTED.ZA FEW DAYS LATER THE ADJUSTER CAME OUT TO MY HOUSE TO CHECK THE DAMADGES. DAMADGE AMOUNT WAS 4,849.96. I ASKED THE ADJUSTER IF I COULD BRING IT TO MY BODY SHOP TO GET MY CAR FIXED. HE SAID YES AND THAT HE KNEW THE BODY SHOP THAT I USE. I THOUGHT THAT EVERYTHING WAS OKAY. ABOUT A WEEK LATER I GET A CALL FROM MY INSURANCE COMPANY TELLING ME THAT I HAD NO INSURANCE. I SAID WHAT DO YOU MEAN I HAVE THE INVOICE IN FRONT OF ME STATING THAT I HAVE INSURANCE UNTIL 08/03/2018 AND THE AUTO ACCIDENT WAS 07/26/2018. THE INSURANCE COMPANY TOLD ME THAT THEY WEREN’T PAYINGFOR THE AUTO DAMADGES. SO HERE I AM THE BODY SHOP THAT I KNEW FOR OVER 12 YEARS, ALREADY FIXED MY CAR. AND I KNOWING THEM OVER 12 YEARS, REFUSED TO GIVE ME THE CAR UNTIL THEY GET PAID. I NEVER BEEN IN A JAM ,LIKE THIS IN MY WHOLE LIFE. . A COUPLE OF PEOPLE TOLD ME TO CANGE INSURANCE COMPANIES, BECAUSE THE COMPANY I HAD WAS A BAD COMPANY. SO I WENT TO PROGRESSIVE SO THE INSURANCE WOULDN.T LAPSE.. I HOPE YOU CAND DO SOMETHING.IT IS A BRAND NEW CAR. IT ONLY HAS UNDER 200 MILES ON IT. AND I LOST MY JOB BECAUSE I DON’T HAVE A CAR.
Hire an attorney and file suit against your own insurance company to prove you did have insurance. If you win, they have to pay your attorney fees in Florida. Good luck. Matt
I had an accident last November — just property damage, no injuries. My adjuster has been the person communicating with the other party’s adjuster. He said the other insurance company wanted to settle 80/20 (my fault/her fault) and that he agreed that that was fair — the accident was not my fault. It does not appear that my adjuster is doing anything to protect my insurance company (his employer) from loss. Whenever I talk to my adjuster, he is evasive and does not ever want to communicate via e-mail. After 8 months and seeing that nothing was getting settled, I met with the other party. When she and I compared notes, we determined that each of us was being told lies about the status of our claims. For example, in March I was told that she was looking for a lawyer — my adjuster said that by law the insurance companies were no longer allowed to negotiate a settlement once a party started talking about getting a lawyer, so negotiations were further delayed. However, she said she never even entertained getting a lawyer and that one or both of the adjusters are lying. In fact, she said her adjuster told her that I had a lawyer and was suing her — this also is not true. Further, the adjuster told her I had full coverage and that my car had been repaired in January — I did not have full coverage and my car has been totally disabled and parked since the day of the accident (9.5 months ago). After our meeting, she called her adjuster and told him the accident was 80 percent her fault, the other insurance company then changed their offer to 30/70 (my fault/her fault). However, they low-balled me on the value of my vehicle and offered me absolutely nothing for the loss of the use of my car for the previous 9.5 months. My insurance adjuster said he thought this was a great deal and encouraged me to take the offer. When I objected to them undervaluing my car, my adjuster defended the other adjuster, showing me pictures of two like vehicles available for very low prices and TELLING ME THAT TWO LIKE VEHICLES WAS ALL HE COULD FIND — he even went to far as to tell me that he would never have valued my car as high as the other adjuster. That evening after work I went online and in ten minutes found ten vehicles like mine, all of which were for sale for more than I was offered — with some being valued at 2.5 times as much as the insurance company had valued my car! My adjuster reviewed them, confirmed that they were in fact like vehicles and said he would send this info to the other adjuster. Later that day my adjuster informed me that the other insurance company refused to change their offer.
So, in short, my vehicle has been disabled for 9.5 months — after 9 months the other insurance company decided my vehicle was totaled. They are totally low-balling me, which I know is not unusual, except that I have researched and shown that like vehicles are valued as much as 2.5 times their offer. For 9.5 months — and counting — I have been without the use of my vehicle and the other party’s insurance adjuster refuses to offer me any compensation for same. And the real kicker is that my insurance adjuster seems to be in bed with the other insurance adjuster. I cannot afford a lawyer, so what is your advice to move this forward. Isn’t them working in cahoots — as appears to be the case — illegal? Insurance fraud? Is it legal for them to lie to us, the insured parties? Can I talk to the other insurance party’s adjuster directly? Of course, I will have a friend with me to act as my mouthpiece.
Any expert advice, except get a lawyer, will be appreciated. Thank you.
Hi Dustin,
You have a good handle on the problem, and the only solution except paying an attorney would be for your to file suit yourself. Yes, I think in this situation, you need to file suit against the at fault driver and vehicle owner, and also sue your own insurance company in the same case. It will take a lot of time and work for you to figure out how to draft the complaint, prepare the summons, get the case filed, serve the complaint, and do discovery. Because that is what a lawyer would be doing if you hired one.
I just got into a car accident two days ago, and this caused tremendous damage to both of my arms. I’m glad you shared this because it’s surprising to learn that some of the insurance adjusters will obtain my release form without me knowing it and will use this in court. Therefore, I’m planning to hire an auto accident lawyer so someone can help with my insurance claims.
Sorry you were injured in a collision. You are doing the right thing by getting checked out by doctors, and hiring an attorney. Good luck to you.
hi.my car was hit parked on the street by someone at night 2 days ago and i did not noticed anything till the next morning so i file a claim yesterday with my insurance company and they told me they will investigate the case and find out about the other parties insurance so they can fix my car but i don’t really know how to deal with them.
what do you recommend to do.
thank you in advance
Hi Cesar,
I suggest sending emails, or letters in writing to make sure all the communications are clear and not misinterpreted.
Hi, I let my daughter drive my car and was brake checked while changing lanes. She hit the back passenger and my car has right front damage.
After two weeks The adjuster said he had everything he needed he would finish the claim the following day. He explained the process of the car being picked up by them look at damage.
He was more concerned about the other party but I didn’t have any information cause the cops didn’t give me any.
This week he said he isn’t going to pay my damage but only the other car damage because her license was suspended. I don’t understand why me as the client isn’t being taken care of but the other party is. I pay my monthly payment I pay to be covered.
I suggest you get a copy of my book and file a complaint with the insurance commissioner, and then file suit in small claims against your own insurance company.