12 Things Not to Say to an Insurance Adjuster

11 Things Not to Say to An Insurance Adjuster

If you experienced an auto accident, you would progress through the insurance company's claim process. During a case evaluation, you will most likely talk with an insurance adjuster.

Your insurance adjuster is not attempting to hurt you, but part of their job is to protect their employer's profits; therefore, they often prefer to reduce or deny your claims. There are certain risky things not to say to an insurance adjuster, which will increase your odds of a successful claim when dealing with insurance adjusters.

1. Be Kind and Courteous, Do Not Vent

Do not be argumentative with the adjuster, quite the opposite. But do not assume the adjuster is your friend, even if s/he seems friendly. Be considerate but factual.

Never bad-mouth. If you have an urge to vent about anyone else, the other party, police, or people at your insurer, it means you are highly emotional, which is understanding. But resist.

When you are emotional, you easily slip up and say things you should not. Try to stay calm or wait to speak to the insurer when you are relaxed.

2. Only Give Basic Personal Information

You will have to provide your home or car policy number, name, address, and phone number, which is fine. Do not share employment, income, schedule, policy limits, or any other information. Your financial status could encourage denials, or the other party might believe they can get a bigger payout.

3. Know Your Rights, But Don't Threaten

Insurance carriers are required to respond to you within certain timeframes. These timeframes are set by each state's insurance commissioner's office. You can learn more about that in this article, How Long Does an Insurance Adjuster Have to Respond?.

If your adjuster or insurer is not adhering to their required timeframes, calmly mention your state's statute and timeframe that they must get back to you. You can say something like, "the insurance commissioner's state law says that you must send me a letter about x within x days." Don't threaten until you've mentioned this verbally, in writing, then verbally again.

If they still are not responding, at that point you can calmly you'll be writing to your insurance commissioner.

4. Do Not Admit Fault

When they ask you to describe the incident, stay calm and concisely explain what happened. Even if you are at fault, do not admit it. Admitting fault could get your claim denied. It is the adjuster's job, not yours, to determine who is at fault based on your story, other accident victims and witnesses, police reports, and the evidence.

Do not use apologetic language. The adjuster could interpret that to mean you are admitting fault. Or, you might sound guilty, which will cast suspicion in the adjuster's mind. Stick to the facts only.

If this is not in your nature, make a short bullet list of what happened before the call. Read from that.

5. Never Say You Were on Your Phone

If it was a car accident, never say you were texting or using your phone. That is illegal in many states.

6. Do Not Give a Statement

Your insurer may ask you for a statement. A statement is an official record, in your words, about what happened, and they can use it against you.

Give the police a statement (also only facts) and your car accident attorney, never the insurer.

Notifying your insurer of an accident is not the same as a statement. You should inform them that an accident happened and give them facts only.

7. Do Not Engage in Speculation

Your insurance claims adjuster may want you to admit fault, and s/he might encourage you to speculate on what you believed happened. Their employer, the insurance company, is a for-profit business needing to make money. Adjusters help insurers remain profitable when they deny or reduce claims.

The adjuster is not trying to hurt you; they are just doing their job. Any attorney will discourage you from engaging in speculative conversation. Instead, only give them facts.

Avoid words like "I think," "in my opinion," "probably," or "maybe."

8. Discussing the Full Extent of Your Injuries is Not a Good Idea

Questions regarding your injuries will seem routine, ordinary, innocent, and necessary. They are not; they are cleverly designed to help the insurer deny or reduce your claim.

They may inquire about the extent of your injuries and threaten to deny your claim if you do not disclose this information. Resist their bullying or manipulative tactics no matter how hard they try to get you to give answers to a question. Fortunately, you do not have to provide this.

Only share it with your attorney. The attorney-client relationship gives you complete legal confidentiality; s/he cannot tell anyone what you tell them.

Medical claims often include pain and suffering. Your adjuster could use your words against you and later refuse a pain and suffering claim. So, avoid things like, "I'm okay," or "I'll be fine." If you declare a medical injury and it turns out it is worse than you think or mention you have health insurance, your medical claims could get questioned, minimized, or denied.

They may request your medical records or a medical release, which you are not obligated to provide and should not. While illegal, it is common for insurers to claim an injury was a preexisting condition to point to if they have your medical records.

9. Do Not Say "Whiplash"

Whiplash is a dirty word for insurance adjusters that will have them running to the insurance company's legal counsel. Do not self-diagnose. It is known for insurance fraud. Let your personal injury attorney decide how to use a whiplash if a doctor diagnoses you with it.

10. Choose to Opt-Out of a Recorded Phone Call

The insurance claims adjuster will want to speak to you on a recorded phone line, or they will want to record your conversation if you are meeting in public.

They may want to have a recorded statement on file, but you can say no. Saying no protects you if you slip up and say the wrong thing.

If you make an inbound call to your insurance company's call center, you will often hear a recording saying they are recording the call. Sometimes you can opt-out of recording by pressing a key on your phone's keypad.

If opting out via phone keypad is not an option, you can tell the adjuster you do not consent to a recorded call. The adjuster is legally required to turn off the recording. If they ignore your request, they cannot use the recording in court because they did not have your legal consent.

11. Do Not Accept an Adjuster's "Friend Request" on Social Media

Sounds weird, right? Social media friending is a new tactic by insurers to make you believe you are friends. That level of trust loosens you up, so you are more open, which helps them get information to deny your claim. It also allows them to get copies of public statements you make about your accident.

If they do not send a friend request, never post information, including pics, on your social media accounts. That claim-related information could get into the wrong hands and ultimately hurt you.

12. Do Not Say Yes to the First Settlement Offer

The insurance claims adjuster will mail you the first settlement offer letter. The time it takes your insurance adjuster to settle is frustrating. But, it would be best if you rejected it unless they have met all your requests. In most cases, the offer will be less than your claim; it is their low-ball offer to start the negotiation. You can do better.

Your attorney can assist you with a demand letter with terms you are willing to agree to before going to court. Wait for their counteroffer and continue this process until you get a settlement that suits you.