Should you speak to an insurance adjuster after your accident?
Absolutely not. After you’ve been injured - whether it be in a car accident, at work, or while attending a woodworking class (yes, I’ve seen it happen) you may receive a phone call from a friendly-sounding person that works for the insurance company of the at-fault party. This person is called an insurance adjuster, and they are not your friend.
An insurance adjuster is a professional claims analyzer and negotiator that works for the insurance company. Their main job is to negotiate down claims buy injured parties to save the insurance company money. Insurance adjusters handle all types of insurance claims: property damage claims, disability claims, life insurance claims, and of course, personal injury claims.
One of the main tactics used by insurance adjusters is to reach out to the injured party shortly after the accident to get a damaging statement from the injured party or admission of fault. But insurance adjusters are quite clever. They don’t simply ask you whether you were at fault or if you are actually injured. Instead, they say things like “ How are you feeling today?” and “Were you at least able to get to work?” Statements like this, while seemingly friendly, can and will be used against you later when you attempt to make a claim for your injuries. Why? Because the insurance adjuster’s job is to make sure the insurance company pays you as little as possible!
Below are some examples of friendly statements you might say to an insurance adjuster that could have devastating impacts on your case.
"I didn't see a doctor right away."
Delaying medical treatment gives insurers ammunition to argue your injuries weren't serious or weren't caused by the accident. Even explaining that you "wanted to wait and see if it got better" suggests your injuries weren't urgent or severe.
“I think I might have been looking at my phone briefly.”
This one’s obvious, but if you were hurt in a car accident, while walking, or doing literally anything, any admission of potential distraction, even if it had nothing to do with causing the accident, can be twisted into a contributory negligence argument to reduce your compensation.
“I’ve had back problems in the past.”
Mentioning any pre-existing conditions without proper context allows the insurer to argue your current pain is simply a continuation of previous issues rather than resulting from the accident.
“I’m sorry about what happened.”
Expressions of sympathy or courtesy can be misinterpreted as admissions of fault, even when you're just being polite.
“I don’t remember exactly how fast they were going.”
Uncertainty about any detail can be used to question your reliability as a witness about the entire accident. Don’t admit this to the insurance adjuster.
“I was able to go to work yesterday.”
Statements about activities you can perform might be used to minimize your pain and suffering, even if you worked through severe discomfort or had to leave early due to pain.
“My cousin/friend/co-worker had a similar injury and got $X.”
Comparing your case to others gives the adjuster insight into your expectations and settlement targets, putting you at a disadvantage in negotiations. These everyday comments seem harmless but can significantly impact your ability to recover the compensation you truly deserve for your injuries.
You May Inadvertently Damage Your Own Claim
Without legal training, you might not recognize the significance of certain questions or understand how your answers could affect your claim. Many injury victims accidentally provide information that significantly reduces their compensation. Keep in mind that everything you tell an insurance adjuster is recorded and can become evidence. A casual comment like "I'm feeling a bit better today" might be taken out of context to suggest your injuries aren't serious, even if you're still in significant pain.
Let a Professional Handle the Insurance Company
At Etheridge Law PLLC, we know the tactics insurance companies use to minimize claims. We deal with them every day and know the careful steps one must take when marching forward towards financial recovery. By allowing us to communicate with insurers on your behalf, you protect your rights and maximize your chances of receiving fair compensation for your injuries.
