Insurance
What the other driver's adjuster wants from you
Why that friendly call is not just a formality, and what to say.
A day or two after a crash, a friendly voice calls. It is the other driver's insurance adjuster, and they sound like they want to help. It helps to remember whose job they are doing.
Who the adjuster works for
An adjuster works for the insurance company, and their primary obligation is to their own policyholder, not to you. Many are polite and fair. They are still not on your side, and nothing they say is legal advice for you.
The recorded statement
Early on, the adjuster may ask for a recorded statement. You are generally not required to give one to the other driver's insurer, and it is reasonable to say you are still getting medical care and will follow up. Your own insurer is different: your policy may require you to cooperate with its investigation, so read what yours says or ask them what is required.
If you do talk to anyone, stick to facts you are sure of. Guesses about speed, fault or how you feel can be repeated back later. An early "I'm fine" about an injury that shows up two days later is a common example.
Early offers and forms
- A quick offer is a starting point. You may not know the full cost of your injuries yet, and a settlement usually closes the claim for good.
- Read before you sign. Ask what a medical release covers and whether it reaches records unrelated to the crash.
- Ask for things in writing, and keep a note of every call: who, when and what was said.
What to do instead
Get medical care, keep your photos and bills in one place, and tell the adjuster you will be in touch. Talking to an independent attorney before you give a statement or accept an offer lets you see the whole picture first. Many offer a free first conversation, and you can ask how their fees work before you agree to anything.
A free case review takes about a minute. An independent attorney looks at your answers and you decide what happens next.
This guide is general information, not legal advice. Rules differ by state.
Sources
- Utah Insurance Department, Filing an Auto Claim
- Idaho Department of Insurance, Auto Claims
- California Department of Insurance, So You've Had an Accident, What's Next?
- Texas Office of Public Insurance Counsel, Information on Third-Party Auto Claims
A note on how we work. SettledCase is free to read. Attorneys may pay for the cases we refer to them, never you. This guide is general information, not legal advice, and the rules differ by state.
