Dealing with insurance adjusters after a crash

Within a day or two of a crash, your phone rings and it's an adjuster, sometimes the other driver's, sometimes your own. They're often friendly, quick to help, easy to talk to. That's not an accident. Adjusters are trained negotiators, and their employer's interest is a smaller payout. Understanding what that call actually is changes how you should handle it.

Their job isn't neutral, even when it's your own company

It's easy to assume your own insurer is on your side. To a point, they are, they owe you a duty of good faith. But the adjuster you're speaking with is still evaluated on how efficiently they close files and how much they pay out doing it. That doesn't make them dishonest. It means every question on that call has a purpose, and the purpose usually isn't to maximize what you recover.

The recorded statement request

Almost every adjuster asks to record the call "for the file." You are not required to agree, on either the at-fault driver's policy or, in most cases, your own. Politely decline until you've spoken with an attorney.

A recorded statement isn't a formality, it's evidence. Off-the-cuff phrasing ("I think I might have glanced down for a second") or a guess about your injuries ("I feel mostly okay, maybe some soreness") can be replayed later as proof you were partly at fault or weren't really hurt. In a pure contributory negligence state like Virginia, even a small admission can be used to argue you should recover nothing at all.

What to say, and what to leave out

It's fine, and expected, to give basic facts: your name, contact information, the date, time, and location of the crash, and that you're seeking medical treatment. Keep it there.

Don't guess at how the crash happened, don't estimate your speed or theirs, don't discuss fault in any direction, and don't describe your injuries in detail or minimize them out of politeness. "I'm fine" is one of the most common things adjusters hear, and one of the most common things used later to argue an injury wasn't serious. If you don't know an answer, "I'm not sure" is a complete answer.

The quick settlement offer

Adjusters sometimes make an early offer, often within days of the crash, before you know the full extent of your injuries or treatment costs. It can be tempting, especially with medical bills arriving, but an early offer is priced to close the file cheaply, not to reflect what the claim is actually worth. Once you accept and sign a release, the claim is over, even if you later need surgery or ongoing treatment for something that hadn't shown up yet.

Social media and surveillance

Adjusters and the attorneys behind them routinely check public social media for anything that undercuts a claim, a photo at a family event, a post about a weekend activity, even something posted before the crash. It doesn't need to be dishonest to be used against you; it just needs to be taken out of context. The simplest protection is to stay off social media, or at minimum keep accounts private, while a claim is open.

When to bring in an attorney

You don't need a lawyer to report a crash. You do want one before you give a recorded statement, sign anything, or accept a settlement number. A free consultation costs nothing, and once an attorney is involved, the adjuster calls them instead of you, which on its own takes most of the pressure off.