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Insurance adjusters are not on your side. They work for the insurance company, their job is to resolve claims for as little money as possible, and they are professionally trained to achieve that outcome. Understanding how adjusters operate – what they look for, what they ask, and why – is one of the most practical things an injured person can do to protect the value of their claim after a car accident in California, Arizona, Florida, or Texas.
This guide explains the tactics adjusters commonly use, the mistakes that most often damage personal injury claims, and what you should and should not say when an adjuster calls.
How Insurance Adjusters Evaluate Your Claim
When a claim comes in, an adjuster opens a file and begins building a picture of the accident. They review the police report, request your recorded statement, gather medical records, and assess vehicle damage. Each piece of information is evaluated for how it affects the company’s potential payout. Adjusters work within structured settlement guidelines and need supervisor approval to authorize offers above certain thresholds. Their incentive is to close claims quickly and cheaply.
The adjuster working on your claim may be friendly and professional. That does not change their role or their objective. Treat every interaction with an insurer’s adjuster – including your own insurer if you are making a first-party claim – as a business transaction, not a conversation with someone looking out for your interests.
Common Adjuster Tactics and How to Recognize Them
The Early Recorded Statement
One of the first things an adjuster typically requests is a recorded statement. They may frame this as routine and necessary, creating a sense that you are obligated to provide one promptly. You are generally not legally required to give a recorded statement to the other driver’s insurer. Early recorded statements are taken before the full extent of injuries is understood, before medical treatment is complete, and before you have reviewed all evidence. Ambiguous answers, understatements of pain, and statements made while still in shock can all be used later to reduce your claim.
The Quick Settlement Offer
Early settlement offers arrive fast – sometimes within days of the crash. The speed is deliberate. Insurers want to resolve the claim before you understand your full medical picture or consult an attorney. Once you sign a release and accept a settlement, that claim is closed permanently, regardless of what happens with your injuries afterward. Early offers in personal injury cases are almost always substantially below what the claim is actually worth.
Medical Record Fishing
Adjusters routinely request broad medical authorization forms that allow them to access your entire medical history, not just records related to the accident. They are looking for prior injuries, pre-existing conditions, and any prior complaints that could be used to argue your current symptoms predate the crash. You should only authorize release of records directly related to the injuries from the accident, for the time period following the accident. An attorney can help structure these authorizations appropriately.
Social Media Monitoring
Insurance companies regularly monitor claimants’ social media accounts. A post showing you at a social event, participating in physical activity, or appearing happy and healthy can be used to challenge the severity of your reported injuries. This is a standard practice, not an exceptional one. Avoid posting about your accident, your physical condition, or your daily activities on any platform until your case is fully resolved.
Attributing Partial Fault
Adjusters look for any basis to assign partial responsibility to the claimant, because even a modest fault attribution reduces the insurer’s payout under comparative fault rules. They may point to your speed, your lane position, your reaction time, or anything in the police report that can be interpreted as contributing to the crash. Do not speculate about fault, apologize at the scene, or make statements that could be read as admissions.
What You Should and Should Not Say to an Adjuster
Safe to say
- Your name and contact information
- The basic facts of the crash: date, time, location
- That you are represented by an attorney and they should direct further communications there
Avoid saying
- Any statement about how you feel physically – “I’m fine” or “not too bad” can become evidence against you
- Speculations about fault, speed, or what the other driver was doing
- Anything about your prior medical history or past injuries
- Agreement to a recorded statement without consulting an attorney first
Your Own Insurance Company
Many people are surprised to learn that their own insurer’s adjuster operates with the same cost-minimization objectives when handling a first-party claim – such as a claim under your own uninsured motorist or medical payments coverage. You have a duty to cooperate with your own insurer, but that cooperation does not require accepting a low valuation or giving statements that undermine the value of your claim. An attorney can manage communications with both insurers on your behalf.
The Insurance Information Institute’s guide to auto insurance claims provides a useful overview of how the claims process is structured from the insurer’s perspective – helpful context for understanding what adjusters are doing and why.
Why Legal Representation Changes the Dynamic
When you are represented by a personal injury attorney, the adjuster can no longer contact you directly. All communications go through your attorney, who understands the tactics being used and knows how to respond to them effectively. Studies consistently show that represented claimants receive significantly higher settlements than unrepresented ones, even after accounting for attorney fees. The presence of legal representation signals that the claim will be fully developed and litigated if necessary – a credible threat that produces better settlement offers.
The CDC motor vehicle safety data reflects the scale of car accident injuries across the United States every year – a reminder of how many people face this exact situation and how important it is to navigate it well.
How Milano Legal Group Can Help
Our attorneys handle all communications with insurance adjusters on behalf of our clients from the moment they retain us. We know how adjusters work, what they look for, and how to build claims that resist the tactics used to undervalue them. We represent car accident victims across California, Arizona, Florida, and Texas on a contingency basis.
For more information about working with our team, visit our FAQs page or review our Los Angeles car accident lawyer page for California-specific information. Contact us today for a free case evaluation.
