After a car accident, you may find yourself interacting with an adjuster from your insurance company. Eight things NOT to say to an insurance adjuster are:
- admitting fault,
- anything about your injuries,
- anything on the record,
- speculating about the crash,
- that you do not have a lawyer,
- providing unnecessary information,
- accepting a settlement, and
- sharing medical records.
Saying any of these things can undermine your insurance claim.
| Things NOT to say to an insurance adjuster | Things to say instead |
| “I caused the crash” | Nothing, or “The investigation will figure it out” |
| “I’m surprised I’m not more hurt” | “Let’s see what the doctor says” |
| “Sure, I’ll talk on the record” | “I won’t speak on the record at this point, no” |
| “I think he might have been in my blind spot” | “I’m not completely sure what happened” |
| “No, I don’t have a lawyer” | “Yes, please direct your phone calls to my lawyer” or, if you do not have one yet, “Not yet but I plan on hiring one” |
| “This is my second accident this week” | Nothing. Only provide necessary information |
| “Yes, I’ll accept that settlement” | “Let me think it over” |
| “Here are my medical records” | “Let me see what my lawyer or doctor has to say about that” |
1. Admitting fault for the crash
The most important thing to avoid saying after a car accident is that you were responsible for it. You can admit fault by saying things like:
- “I didn’t see him there,”
- “I made a mistake,” or
- “I’m so sorry.”
Statements like these can and will be used against you during the upcoming accident claims process.
Remember that the car insurance company does not have your interests at heart. They are looking for any possible reason to deny your claim or reduce their settlement offer. If you admit to contributing to the accident, even in the stress of the moment, that statement will come up against you later on in the process. Injury victims who say anything that indicates that they may have been the at-fault driver or share partial fault are likely to receive lower settlement offers.
2. Discussing your personal injuries
Do not discuss or downplay your injuries, either. You can do this by saying something like:
- “No, I’m fine,”
- “I don’t think I’ll need to go to the doctor,” or
- “I’m lucky to have not gotten seriously hurt.”
The insurance company is looking for a reason to offer you less than you deserve. Downplaying or discussing the extent of your injuries gives them an opportunity to offer a lower settlement. After all, they will argue, you said that you were not badly hurt.
Worse, if your injuries do end up being more severe than you anticipated, this prior statement will be used against you by your insurance company. They will argue that you had said that you were fine, so now these new injuries are fake.
Many car crash injuries take time to fully reveal how bad they are. Discussing them before they fully develop is not wise after a car accident.
For example: Harriet is in a truck accident. She has a broken arm and a broken leg but tells her insurance adjuster that, aside from these injuries, she is fine. As the days pass, though, she develops a serious case of whiplash. The adjuster refuses to include the whiplash in the settlement offer, accusing her of making it up.
3. Giving a recorded statement
Insurance adjusters will often ask victims to provide a recorded statement on the accident. You should not agree to do so.
If what you say proves to be inaccurate, it will be used against you to reduce the settlement offer.
If what you say is accurate, it can still be taken out of context by the insurance company so they can reduce their offer. Additionally, what you say in the recorded statement may be true in the days after the crash, but incorrect later on as things develop.
4. Any speculations or assumptions
Do not speculate or make assumptions about what happened during the crash. Stick to the facts and what you know for certain.
Assumptions and speculations can sound like:
- “He may have been speeding,”
- “I think I was trying to change the radio station,” or
- “She may not have noticed me in her rearview mirror.”
These are often proven to be wrong after the insurance company’s investigation. The insurer will then use the incorrect information to undermine your credibility.
You must cooperate with an insurance company’s investigation. However, you do not have to guess or speculate about what happened. It is wise to tell an insurance adjuster that you do not remember what happened exactly and move on with the interview. Stick only to what you distinctly remember about the crash. It is not uncommon to remember very little of what happened. Accidents can happen quickly and without warning.
5. You do not have a car accident attorney
Do not admit that you are not legally represented. Insurance adjusters know that they can get away with a lot more if you are not represented by a personal injury lawyer. You are far less likely to understand your rights, the insurance claims process, and what your case is really worth.
The personal injury attorneys at our law firm have found that car accident victims can expect the settlement offer to increase substantially after hiring a lawyer. Getting legal representation shows the insurance company that you mean to get what you deserve.
According to one survey by Martindale-Nolo:
“Hiring a lawyer also tends to increase the amount of compensation you receive. The average payout for readers with lawyers was $77,600, compared to an average of $17,600 for those who handled their own claims.”[1]
6. Any unnecessary information
Do not provide any unnecessary information about the crash. Instead, it is better to let the investigation sort out what happened.
Some examples of unnecessary information include details about:
- your driving history,
- who was with you in the car at the time, and
- contact information or the phone number of your friends or family members.
Instead, answer questions with the basic information that you are sure of. You do not want to provide information that conflicts with other sources, like the police report.
7. Accepting a settlement offer
The insurance claims adjuster may make an initial offer to settle your car accident case. This first settlement offer is designed to appear enticing, while drastically undercompensating you. If you accept it, you receive the money offered but waive your rights to file a personal injury claim.
Only accept a settlement offer after getting legal advice from a car accident attorney at a reputable law office. It is only a fair settlement offer if it covers all of your losses from the auto accident. This includes your medical treatment, pain and suffering, and property damage. It is not uncommon for the initial offer to only cover your medical bills and nothing else.
8. Sharing medical records
Do not share your medical records with the insurance adjuster until it is necessary to do so in the claims process. This means refusing to sign a medical release that would give the auto insurance company access to the records. These records are likely to be used against you to justify a lower settlement offer in the personal injury case.
What to say to an insurance adjuster, instead
When dealing with an insurance adjuster, the most important thing to remember is that they represent a for-profit insurance company. The insurance company maximizes its profits by taking in as much in premium payments as possible, and paying out as little as it can to satisfy claims, including your own.
The best way to deal with an insurance adjuster is to hire a lawyer and direct the adjuster to only speak to your attorney. Car accident lawyers deal with insurance adjusters all the time and know what to say to them.
Legal Citations:
[1] Jessica Gillespie and Stacy Barrett, “Personal Injury: How Much Can I Expect to Get?” Martindale-Nolo (April 28, 2023)
