Within days of a car accident, sometimes within hours, the other driver’s insurance company will call you. The adjuster will be friendly. They will say they just need your side of the story. They may even hint that a check could be ready quickly if you cooperate.
Here is what you should understand before that call: the adjuster works for the insurance company, and the insurance company makes money by paying you as little as possible. That is not cynicism. It is the job description.
What the adjuster is actually doing
Early calls serve three purposes for the insurer. First, they want a recorded statement while you are shaken, medicated, or simply do not yet know the extent of your injuries. Anything you say casually, like “I’m fine” or “I didn’t see him until the last second,” can be used to devalue your claim months later. Second, they want you to authorize the release of your medical records, often with a form broad enough to sweep in your entire medical history, so they can hunt for pre-existing conditions to blame. Third, they want to settle fast, before you learn what your claim is worth.
Why quick checks are dangerous
Some injuries, including concussions, disc injuries, and internal injuries, take days or weeks to fully reveal themselves. A settlement signed in week one is final. If your neck injury turns out to need surgery in month three, you cannot go back for more. Insurers know this, which is exactly why the early check exists.
What to do instead
Be polite. Take down the adjuster’s name, company, and claim number. Then say some version of: “I’m still receiving treatment, and I’ll have my attorney follow up with you.” You are not required to give the other side’s insurer a recorded statement, and you should not do so before speaking with a lawyer.
Your own insurance company is a different matter. Your policy requires cooperation, and you should report the accident promptly. But even with your own carrier, if you are injured, it is wise to get legal advice before giving detailed statements, particularly where underinsured motorist coverage may be in play.
The bottom line
Nothing you say to an adjuster in the first week will ever make your case better. Plenty can make it worse. Get medical care, document everything, and get advice before you give statements or sign anything.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. If you have been injured, Stuck Law Firm, APLC offers free consultations. Call our Los Angeles, Orlando, or Toledo office, or reach us through our contact page.