Talking to an insurance adjuster after a crash

Who the adjuster works for

After a crash, you may hear from two kinds of adjusters. One works for your own insurer, handling your claim under your policy. The other works for the other driver’s insurer, deciding whether and how much that company will pay you.

Both are usually polite and often helpful. Both also work for an insurance company whose job includes paying what the policy and the law require, and no more. That is not a reason for suspicion, just a reason to be careful and accurate.

Your relationship with your own insurer is set by your policy, which usually requires you to report the crash promptly and cooperate with the investigation. You generally do not have that same contract with the other driver’s insurer. Many people find it useful to keep those two conversations clearly separate in their notes and to know which company each caller represents before saying much. If you are unsure, it is fine to ask, “Which company are you with, and whose policy is this claim under?”

Reporting the crash to your own insurer

Most policies require notice “promptly” or “as soon as practicable,” and some set a specific window. Late notice can give an insurer a reason to dispute coverage, so many people report the crash right away, even if they are not sure they will claim. Your policy documents or insurer’s app list the reporting method.

A first report usually covers:

• Date, time and location.
• Drivers, vehicles, passengers and witnesses, with contact and insurance details.
• The police report number and agency, if police came.
• A short, factual description of what happened.
• Visible damage and whether anyone was hurt or taken for treatment.

Write down the claim number, the adjuster’s name and direct contact, and what they asked you to send. If they tell you what your policy covers, such as a rental or medical payments coverage, ask them to confirm it in writing.

Recorded statements

Adjusters often ask to record a phone interview. Your own insurer may be entitled to one under the cooperation clause of your policy. The other driver’s insurer is often a different matter, and many people decline, ask to provide information in writing, or ask to wait until they have spoken with a lawyer.

If you do give a recorded statement, some common practices:

• Ask to schedule it, rather than doing it on the first call.
• Review your notes, photos and the police report first.
• Answer only the question asked. Short answers are fine.
• Say “I don’t know” or “I’m not sure” when that is true. Estimates of speed, distance and timing are where statements most often go wrong.
• Ask for a copy of the recording or transcript.

Remember that a recorded statement can be compared word for word with what you say later. Consistency matters more than detail.

What to say, and what to keep to yourself

Facts you personally know are generally safe ground: where you were, which direction you were going, what light you had, what you saw. The places people get into trouble are opinions and guesses.

• Fault. “It was probably my fault” or “I didn’t see them” can be read as admissions. Fault is decided from the evidence, often later.
• Injuries. “I’m fine” on the day of a crash is common, and symptoms sometimes appear later. Many people say “I’m getting checked” instead, and get checked by a medical professional.
• Prior injuries and history. Answer honestly if asked, but there is usually no need to volunteer unrelated history.
• Speculation about the other driver. Stick to what you saw or heard, such as a phone in their hand or something they said.

Honesty is not optional. Misstating facts to an insurer can create serious problems. The aim is accuracy, not saying less than the truth.

Medical authorizations and releases

Two kinds of documents deserve a slow read.

A medical authorization lets the insurer collect your health records. Some are limited to the crash. Others are broad enough to cover years of unrelated history. People often ask whether a narrower authorization is possible, or send the relevant records themselves.

A release is usually signed in exchange for a payment and ends your claim. Once signed, you generally cannot reopen it, even if an injury turns out to be worse than you thought. Check whether a document is a property-damage-only release or one that also covers injuries, since they are sometimes handled separately.

A check from an insurer may also have language on the back saying that cashing it settles the claim. Reading it before depositing is worth the minute it takes.

If anything is unclear, it is reasonable to ask the adjuster to explain it in writing and to take time before signing.

Early offers and keeping a claim log

Some insurers make an offer quickly, sometimes before treatment is finished. A quick offer is not necessarily unfair, but it is hard to judge until you know the full cost of repairs, treatment, missed work and any ongoing effects. Many people wait until they have a clearer picture before accepting anything that settles an injury claim.

A simple claim log makes everything easier:

• Every call and email: date, name, company and a short summary.
• Every document you sent and received, with dates.
• Medical visits, bills and receipts, including mileage and prescriptions.
• Missed work, with any proof from your employer.
• Photos of the vehicle and injuries over time.

After a phone call, a short email recapping what was agreed (“As we discussed today, you’ll send the rental authorization by Friday”) creates a record both sides can see. See the injury evidence checklist for more.

When a lawyer is worth talking to

Plenty of minor, property-only claims are handled directly with insurers. Many people talk to a personal injury lawyer when:

• Anyone was injured, especially if treatment is ongoing.
• Fault is disputed or the insurer says you share it.
• The other driver was uninsured, underinsured or left the scene.
• The insurer denies coverage, delays without explanation or asks for broad records.
• A commercial vehicle, rideshare or government vehicle was involved.
• You are asked to sign a release that covers injuries.

Many injury lawyers offer a free first consultation and work on contingency, but terms vary, so ask. Claims also have time limits that can be short when a government body is involved. See deadlines and time limits and questions to ask an attorney.