What Should I Say To An Insurance Adjuster After An Accident

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The first thing I tell my clients in San Diego is this: say as little as possible. Insurance adjusters are trained to minimize payouts, and every word you utter can be used against you. They will portray themselves as friendly, even sympathetic, but their ultimate goal is to settle your claim for the lowest amount possible. Resist the urge to provide details about the accident, your injuries, or your medical history.

Politely but firmly state that you have retained legal counsel—even if you haven’t yet. This immediately changes the dynamic. The adjuster will be much more cautious about what they say and do. If they press for a recorded statement, simply reiterate that your attorney advises you to not give any statements at this time. Repeat this as many times as necessary. Don’t get into an argument. You’re not trying to win a debate; you’re protecting your rights.

I’ve spent over 13 years practicing personal injury law here in San Diego, and I’ve seen firsthand how insurance companies operate. I was even trained by a former insurance defense attorney, which gives me intimate knowledge of how they evaluate, devalue, and deny claims. Knowing their tactics is half the battle. They’ll often ask seemingly innocent questions about the accident – “Were you distracted?” “Did you see the other driver brake?” – but these questions are designed to create loopholes for denying coverage.

What Information Should I Absolutely Not Share with the Insurance Adjuster?

There are several crucial pieces of information you should never disclose to an insurance adjuster. First, avoid detailing the specifics of your accident. Stick to basic facts, like the date, time, and location. Don’t offer opinions about fault, even if you believe you were partially responsible. Civ. Code § 1714 makes California a pure comparative fault state, meaning even if you are 99% responsible, you can still recover damages, but sharing this information upfront gives the adjuster ammunition to minimize your recovery.

Second, never discuss your medical history before the accident. They’re fishing for pre-existing conditions they can use to argue your injuries aren’t as severe as you claim. Third, do not voluntarily provide access to your medical records. Your attorney will manage the release of medical information strategically, ensuring the adjuster receives only what is necessary and presented in the most favorable light. Lastly, never sign anything without first consulting with your attorney.

Insurance adjusters are skilled negotiators, and they will often try to downplay your injuries or claim. They might offer a quick settlement that seems appealing, but it’s likely far less than what your case is worth. Don’t be pressured into accepting a settlement offer before you’ve had a chance to fully assess your damages and understand your legal options. Remember, they are not on your side; they work for the insurance company, and their primary responsibility is to protect their bottom line.

What if the Adjuster Keeps Calling and Pressuring Me?

If the adjuster is persistent, document every call. Note the date, time, and the adjuster’s name. You can politely but firmly tell them to contact your attorney directly. Repeat this every time they call. Do not engage in any further conversation. If they continue to harass you, inform your attorney immediately. We can send a cease and desist letter and potentially pursue other legal remedies.

It’s common for adjusters to employ delay tactics, hoping you’ll eventually accept a lower settlement out of frustration. They may request numerous documents, schedule unnecessary interviews, or simply take a long time to respond to your inquiries. This is a common strategy to wear you down. Your attorney can handle all communication with the adjuster, ensuring your case stays on track and protecting you from unfair tactics.

Should I Give a Recorded Statement to the Insurance Adjuster?

Absolutely not. As I mentioned earlier, recorded statements are a trap. Adjusters are trained to ask leading questions and manipulate your responses. Even a seemingly harmless comment can be twisted and used against you later. CCP § 2032.220 gives the defense the right to one medical exam, but it’s strategically managed by your attorney, not offered willingly. It’s far better to let your attorney handle all communication and present your case in a controlled environment. In San Diego, experienced attorneys understand precisely how adjusters utilize these statements.

What is the Deadline for Filing a Claim?

In California, you generally have two years from the date of the accident to file a lawsuit for personal injury, per Civil Code § 3333.4. However, it’s crucial to notify the insurance company as soon as possible after the accident. Even if you haven’t decided whether to file a lawsuit, reporting the accident promptly protects your rights. If you delay, you risk losing valuable evidence or facing a denial of coverage. Furthermore, claims against government entities have even shorter deadlines, so don’t hesitate to seek legal advice immediately.

What Happens if the Insurance Company Denies My Claim?

If the insurance company denies your claim, don’t panic. Denial is not the end of the road. There are several reasons why a claim might be denied, such as disputes over fault, insufficient evidence, or policy limitations. Your attorney can review the denial letter, investigate the reasons for the denial, and pursue all available legal options, including filing a lawsuit or negotiating with the insurance company. Civ. Code § 3294 allows for punitive damages if the denial stems from malicious intent, and we’ll explore all avenues.