After a car accident, you may expect to hear from your doctor or auto repair shop. What you may not expect is a phone call from an insurance adjuster representing the other driver.
The adjuster may sound friendly. They might ask how you’re feeling, request your version of what happened, or tell you they simply need to clear up a few details before processing the claim. They may even offer you a settlement.
Before answering their questions, however, it’s important to understand who you’re talking to and what is at stake.
An insurance adjuster represents the insurance company—not you. Part of their job is investigating claims and determining how much, if anything, their company should pay. Something you say during what seems like a casual conversation could potentially be used later to challenge who caused the accident, the seriousness of your injuries, or how much compensation you should receive.
If you’ve been injured in a car accident in Western New York, you do not have to navigate these conversations alone. An experienced Buffalo car accident attorney can communicate with insurance companies on your behalf and help protect you from mistakes that could hurt your claim.
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Why Is an Insurance Adjuster Calling You?
Insurance companies need information before deciding how to handle a car accident claim. An adjuster may investigate the collision, review the available evidence, evaluate your injuries, and determine the insurer’s potential financial responsibility.
That investigation can include reviewing:
- Police accident reports
- Photographs and videos
- Vehicle damage
- Witness statements
- Medical records
- Statements from the drivers
- Previous medical conditions
- Lost-wage documentation
There is nothing unusual about an insurance company investigating a claim. But you should remember that an adjuster often has interests that are different from yours.
You want enough compensation to address the losses the accident has caused you. The insurance company generally wants to resolve the claim while controlling how much it pays. Those competing interests are an important reason to be careful about what you say.
Why What You Say to an Insurance Adjuster Matters
A car accident can be chaotic. You may not know precisely how fast either vehicle was traveling, exactly how many seconds passed before the collision, or every movement each driver made.
That’s all completely normal, by the way.
The problem comes when an accident victim feels pressured to provide immediate answers anyway. A guess can later be treated as though it were a definite statement of fact.
Suppose an adjuster asks how far away the other vehicle was when you first noticed it. You aren’t sure, but you make an estimate. Further investigation later shows that estimate was inaccurate. The insurance company could try to use that inconsistency to challenge your credibility.
You should never intentionally withhold required information or provide false information to an insurer. But you also shouldn’t speculate simply because an adjuster wants an immediate answer.
If you don’t know or don’t remember something, say so rather than guessing. That honesty is a perfectly valid response.
Be Careful When an Adjuster Asks How You’re Feeling
One of the most natural responses when someone asks, “How are you doing?” is to say, “I’m fine,” “I’m doing better,” or “Not too bad.”
In everyday conversation, those responses are usually taken as little more than polite banter. After a car accident, however, they could create a misleading picture of your medical condition.
Many car accident injuries develop or become more noticeable with time. Symptoms of concussions, traumatic brain injuries, neck and back injuries, and other conditions may not be obvious immediately after a collision. You may also have good days and bad days during your recovery.
If you casually tell an adjuster that you’re “fine,” the insurance company may later point to that statement when disputing the severity or duration of your injuries.
There is no reason to exaggerate your condition, but there’s also no reason to minimize it. Let your medical records and healthcare providers speak for your injuries and recovery.
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Should You Give an Insurance Company a Recorded Statement?
An insurance adjuster may ask whether they can record your description of the accident. The answer should be no. You should be particularly cautious about agreeing to a recorded statement for an insurance company before speaking with a car accident attorney.
A recorded interview gives the insurer an opportunity to ask detailed questions about the collision, your injuries, your medical history, and other issues that may affect your claim. If you make an innocent mistake, leave out an important detail, or describe something differently later, the insurance company may try to use the recording against you.
You also may not yet know the complete facts. Further investigation could uncover surveillance video, witness testimony, vehicle data, or other evidence showing exactly how the collision happened.
You should speak with an experienced Buffalo car accident attorney before providing a recorded statement to an insurer. Your lawyer can determine what information should be provided and handle appropriate communications on your behalf.
Don’t Guess About Who Was at Fault
It’s also very important to avoid making assumptions about responsibility.
After an accident, you may feel guilty even if you didn’t cause the crash. Most people are brought up to say something humble such as:
- “I should have seen them.”
- “I could have stopped sooner.”
- “I’m sorry.”
Those statements do not necessarily mean you were legally responsible for the accident. However, an insurance company may attempt to use them as evidence that you accepted some or all of the blame.
Determining negligence can require a much deeper investigation. Evidence may show that another driver was speeding, distracted, following too closely, failed to yield, ran a traffic signal, or violated another traffic law. Sometimes multiple parties share responsibility.
Under New York’s contributory negligence rules, the percentage of fault assigned to you can affect how much compensation you recover. That gives an opposing insurance company a financial incentive to argue that you were more responsible than you were.
Let the evidence determine fault rather than making assumptions during an early telephone conversation.
Be Careful About Discussing Previous Injuries and Medical Conditions
Insurance adjusters may also ask about your medical history.
Pre-existing conditions do not automatically prevent you from recovering compensation after an accident. A collision can aggravate an existing injury or turn a manageable condition into a much more serious problem.
However, insurance companies may investigate whether your current symptoms existed before the crash. An inaccurate statement about an old injury or treatment can create problems later when the insurer obtains medical documentation.
Your car accident attorney can help distinguish between previous medical conditions and the new injuries or aggravation caused by the accident.
Don’t Rush to Accept an Early Settlement
An insurance adjuster may offer to settle your claim soon after the crash.
When you’re missing work and watching medical bills arrive, getting fast money can sound appealing. But an early settlement can be risky if you don’t yet understand the extent of your injuries.
Suppose you accept a settlement and later learn that you need surgery, months of physical therapy, or additional treatment. Or perhaps your injuries prevent you from returning to the same job.
But once you sign a release settling your injury claim, you generally cannot reopen the case because your condition turned out to be worse than expected.
Before accepting an offer, you need a realistic understanding of your current and potential future losses. An experienced car accident attorney can help evaluate those damages before you make a decision that could affect your financial future.
Practical Tips for Handling a Call from an Insurance Adjuster
If an adjuster contacts you after an accident, don’t panic. You don’t need to get into an argument or be confrontational. Keep the conversation polite and limited.
Ask for the adjuster’s name, insurance company, contact information, and claim number. If the adjuster represents another driver, you can tell them that you would prefer to speak with an attorney before discussing the accident in detail.
You should also:
- Avoid guessing about details you don’t remember
- Not speculate about who caused the accident
- Not minimize or exaggerate your injuries
- Be cautious about agreeing to a recorded statement
- Not sign releases or other documents you don’t fully understand
- Not accept a settlement simply because you’re being pressured to make a quick decision
- Keep copies of letters, emails, and other insurance communications
Remember that your obligations may differ when communicating with your own insurance company. Your policy may require you to cooperate with your insurer and provide certain information. A Buffalo car accident attorney can review your policy and advise you about what is required while helping protect your rights.
Why Should You Have a Lawyer Handle Insurance Communications?
One of the easiest ways to avoid mistakes during insurance communications is to have an experienced car accident attorney handle them for you.
After you hire Feroleto Law, we can communicate with insurers and their representatives about your claim. That means you can spend less time worrying about what an adjuster might ask and more time focusing on medical treatment and getting your life back together.
But handling phone calls is only one part of what a Buffalo car accident attorney can do.
We can investigate the collision, preserve evidence, interview witnesses, review medical records, identify potentially responsible parties, and determine what insurance coverage may be available.
We can also work to understand the complete value of your losses. Depending on your case, those losses may include:
- Medical bills
- Future medical treatment
- Rehabilitation
- Lost wages
- Reduced future earning ability
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
The insurance company has professionals protecting its financial interests. You deserve someone protecting yours.
Talk to Feroleto Law Before You Talk About Your Claim
A call from an insurance adjuster may seem routine, but what happens during that conversation can potentially affect your car accident claim.
You don’t need to be intimidated by the insurance company, and you don’t need to navigate the process by yourself.
Contact Feroleto Law today for a free and confidential consultation with a Buffalo car accident attorney. If we take your case, you do not pay an attorney’s fee unless we recover compensation for you. Let us deal with the insurance companies while you focus on your recovery.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
