Should I Talk To The Insurance Claims Adjuster After an Accident? FAQ
When a negligent driver injures you in a serious car crash, you react instinctively. You dial 911, exchange information, talk to the police officer, and call a tow truck for your car. You seek emergency treatment, schedule follow-up appointments, and hope for a fast recovery. As post-crash activity slows down, you consider what comes next. Should I talk to the insurance claims adjuster after an accident? If I speak to the adjuster, should I trust them? Will they give me the compensation I deserve? Will they treat me fairly?
As Connecticut car accident lawyers, we understand your dilemma. You want your car repaired, and you deserve compensation for your injuries. You expect the negligent driver’s insurer to pay, but you don’t believe you should trust them. Our law firm has worked with many injured people, and we’ve dealt with many insurance companies. Our recommendations remain consistent. Number one: Never trust a liability insurance claims adjuster after an accident. Number two: consult with an attorney before you make a mistake you can’t undo.
We believe you should never deal with an insurance company alone. We prepared “Should I Talk To The Insurance Claims Adjuster After an Accident?” to help you recognize the potential for complications when you deal with an insurance claims adjuster after an accident.
Should I talk to the insurance claims adjuster after an accident?
The simple answer is NO! While you can’t avoid your insurer, you don’t have to talk to the liability insurance claims adjuster until you’re ready. You don’t have to talk to them at all. Of course, you want the liability company to pay your injury claim, but that doesn’t always happen. If your instincts tell you they might not treat you fairly, you should pay attention. Trust is always an issue.
If you decide to talk to a liability claims adjuster, you should keep these thoughts in mind.
- The liability adjuster is working on behalf of the person who injured you.
- Just because they want to talk to you, it doesn’t mean they plan to pay your claim.
- They need your accident version to make a timely decision:
- Pay your claim
- Pay a portion of your claim
- Deny your claim completely
- Claims adjusters are usually working under a company-imposed deadline.
- They do whatever it takes to complete their investigation quickly and reserve or close their claim file.
Consult with a legal professional before you return any insurance adjuster’s call, even the claim representative from your own insurance company. Getting legal advice after an accident is far simpler than you might think.
- You can call or email a car accident law firm and arrange an appointment to discuss your case.
- In many instances, you can communicate instantly via live chat.
- You don’t have to commit to taking immediate action.
- A legal consultation is complimentary, so you pay no legal fees for the appointment.
When you establish a working relationship, an attorney can deal with the liability insurance company on your behalf.
Isn’t it mandatory to talk to the insurance adjuster?
You don’t need to talk to a liability adjuster. It’s different when you’re dealing with your insurer. Your policy establishes a contractual relationship with your auto insurance company. It requires you to report any accident as soon as possible after it occurs. You must also cooperate, give a statement, produce documentation, and respond when requested.
You must meet all policy requirements or risk losing your coverage. Before you make that first call to report your accident, contact a car accident attorney for guidance.
What does a claims adjuster do after I have an accident?
Whether you’re dealing with the other driver’s liability claims adjuster or your own insurer’s claim staff, both have similar objectives. They investigate accidents, determine liability, and eventually pay damages based on their assessment. While your insurer pays your claims based on your coverage, the liability carrier pays based on its insured’s liability. Both conduct investigations that include:
- Police reports
- Drivers’ statements
- Ambulance transport reports
- Witness statements
- Site investigation
- Vehicle damage inspections
Accidents with complex legal issues or serious or catastrophic injuries may require expert inspections and assessments and a more comprehensive analysis.
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Should I give a recorded statement to the insurance adjuster?
Even if you believe the other driver caused your crash, the liability insurer will always have questions. To meticulously document your version, claims adjusters usually ask permission to record you. During the interview, your answers may trigger an issue they hadn’t previously considered. They may also think of subsequent questions based on your responses.
When you allow a liability insurance adjuster to record your discussion, you can’t take back what you said. As the weeks and months pass, you might not remember their questions or your responses, but they will have a permanent record. They can store your recording digitally or have it transcribed to a digital or paper document.
What are the risks of talking to a claims adjuster?
Claims adjusters usually take their investigative cues from their policyholders. Even if their insured reports that they weren’t at fault, the adjuster still needs to hear what you have to say. This often means they’re looking for information from you that corroborates their policyholder’s version. Of course, they won’t tell you that up front.
When you let them take your statement, they ask multiple questions that may seem unrelated to your accident. To gauge your consistency, they sometimes ask the same question in different ways. As you might not recognize the intent behind each question, you may respond in a way that jeopardizes your liability claim.
- You might not understand how comparative fault works.
- You might not recognize the importance of certain topics and questions:
- Glasses (impaired vision): Do you wear glasses? Does your license require you to wear glasses when you drive?
- Sleep (possible drowsiness): How much sleep did you have the night before? How long were you on the road before the accident occurred?
- Prescription Medication (possible drowsiness, distraction): Are you on prescription medication? What medications do you take?
- Cell Phone (potential distraction): Were you using your phone? Do you use a hands-free device to talk in your car?
- Passengers (potential distraction): Did you have any passengers? Where were they seated? What were they doing when the accident occurred?
- How are you? (injuries, recovery): If you say, “I’m fine,” the adjuster may conclude that your injuries were inconsequential.
- You may describe actions you don’t recognize as negligent.
- When the adjuster replays or transcribes your statement, they may hear self-sabotaging statements they didn’t notice while they were taking your statement.
When an adjuster asks to take your statement, “No” is always the wise response. Their request should remind you to conclude the call, think about the risks of talking to insurance adjusters, and consider contacting a car accident attorney.
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Can the insurance adjuster use my words against me?
Yes! A liability adjuster will use your own words to make claim decisions that may affect you negatively. They rely on your statement along with other evidence.
- Your statement can be the deciding factor in a liability insurer’s decision to pay, compromise, or deny your claim. It has the same importance when you’re making an uninsured or underinsured motorist claim.
- If you file a lawsuit against their policyholder, a defense attorney will use your statement to assess their chances for a successful defense.
- The defense attorney will review your statement as they prepare for your deposition or court testimony.
How long will it take for the adjuster to contact me?
Some insurers require their claim staff to contact injured people within 24 hours of receiving a claim. While an adjuster might not contact you that quickly, they typically call, leave a message, or send written correspondence within a few days following your accident. If days or weeks pass and you still haven’t heard from the liability insurer, it suggests one of the following situations:
The other driver doesn’t want to report the accident: Sometimes, negligent drivers don’t report their accidents right away. This happens for several reasons.
- They don’t believe they’re at fault, so they refuse to file a claim.
- Their claim report might prompt a cancellation, non-renewal, or premium increase.
A claims adjuster has your claim but hasn’t made contact: Even if an adjuster feels overworked, they must still comply with Connecticut’s Unfair and Prohibited Practices statutes. Key provisions mandate timely action and follow-up.
- Reasonable claim acknowledgements, promptness, and communication
- A reasonable and prompt investigation based on all available information
- A good faith effort to settle claims fairly and equitably when “…liability has become reasonably clear…”
The Negligent driver didn’t have a valid insurance policy: Connecticut requires drivers to insure their cars. Still, many drivers don’t have insurance due to cancellations for nonpayment, bad driving histories, invalid licenses, or adverse financial situations. Drivers also lose their insurance when their insurer declines coverage or becomes insolvent.
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What should I do if an insurance adjuster doesn’t contact me?
Although you shouldn’t discuss your claim with a liability adjuster, you still need to confirm the negligent driver has valid insurance. You also need to know the name of the person handling your claim. If you feel that too many days have already passed since your accident, you shouldn’t continue waiting for an adjuster to call. You should reconsider your options
Call the negligent driver
You can contact the negligent driver and ask them to report the claim, but you can’t force them to do it. You can also check the police report for their insurance company’s name, contact them yourself, and try to jumpstart the insurance claim process. Unless you file a lawsuit, the other driver’s insurer may refuse to accept a claim from anyone except their policyholder.
Contact your auto insurer
Your own auto insurer must respond when you call. Even if they believe the other driver is liable for your damages, they have a duty to pay based on your policy provisions. While you wait to hear from the liability carrier, your own insurer can handle your covered claims.
- Physical Damage Coverage: covers collision damage to your vehicle.
- Medical Payments Coverage: covers accident-related medical bills.
- Uninsured Motorist Coverage: Settles your bodily injury damages if it can be confirmed that the other driver didn’t have insurance.
Contact a car accident attorney
If you trust a liability insurer, there’s a strong chance you’ll deal with delays throughout the process. They’ll also likely take advantage of you. Adjusters realize many injured people don’t understand liability issues and injury values. They don’t know how to negotiate fair injury compensation. This gives adjusters confidence to deny liability or offer only low settlements.
Adjusters handle claims differently when they’re dealing with a legal professional. They know car accident attorneys handle numerous injury claims. They understand insurance company claim processes, injury values, and negotiation strategies. They realize an attorney won’t let an adjuster bully them into accepting an unfair settlement.
What can a car accident attorney do for me?
When you contact a car accident lawyer as soon as possible after an accident, you can establish a working relationship and let them control your claim. Your legal team will manage a long list of critical tasks while you rest and heal.
- Investigate your accident
- Protect your legal rights
- Confirm liability for your accident
- Send the responsible driver a letter demanding that they report the claim
- Confirm their liability
- Send representation letters to your insurer and the liability insurer
- Work with your insurer to settle your claims
- Manage the flow of documentation to the insurers
- Guide your interactions with your insurer
- Obtain medical bills and evaluate your injuries
- Research your injury’s value
- Protect your statute of limitations by filing a lawsuit when necessary
When the timing is appropriate, your attorney will resolve your claims in a way that considers your best interests. If the insurers don’t make a good-faith effort to resolve your claims fairly, your attorney can take any necessary legal action.
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Contact a Connecticut Car Accident Attorney
When you’re hurt in an accident, you need someone to protect your legal interests and work to recover compensation. When you contact a car accident attorney, you can schedule a free consultation to review your case.
During your initial meeting, you discuss your accident and injuries. Once you learn more about your legal options, you can make informed decisions about your future. A consultation is an information-sharing session. It doesn’t commit you to making a claim or filing a lawsuit until you’re ready.
