If your phone rang shortly after your accident and an insurance adjuster was on the other end, you are not wrong for feeling uneasy about it. That call is not a courtesy. Here is what we want you to know before you say a single word as seasoned personal injury attorneys.
Insurance companies train adjusters to reach injured people as quickly as possible because early contact works in their favor, not yours.
The sooner they talk to you, the better their chances of getting a statement before you understand the full extent of your injuries, consult an attorney, or know what your claim is actually worth. According to the Insurance Information Institute, adjusters are tasked with settling claims efficiently, which in practice often means as cheaply as possible. A fast call is a pressure tactic dressed up as helpfulness.
An adjuster investigates your claim and decides how much the insurance company should pay, and their incentive is always to minimize that number.
They review accident reports, medical records, and any statements you give them. They may sound empathetic and reasonable, but they are working for the insurance company, not for you. Everything you say to them can and will be used to reduce or deny your personal injury claim. Understanding this dynamic from the start can make a significant difference in your case.
You have no legal obligation to give a statement to the other driver’s insurance company, and most personal injury attorneys will tell you flatly not to do it.
You do have an obligation to cooperate with your own insurance company under your policy terms, but the at-fault driver’s insurer is a different story entirely. The safest move is to say nothing beyond confirming your name, and to direct all further contact to your attorney. The legal resource Nolo notes that recorded statements given early in the process are frequently used to undermine injury claims down the line. There is no version of that conversation that benefits you.
Never tell an adjuster you feel okay, apologize for anything, guess at fault, or describe your injuries before a doctor has fully evaluated you.
Phrases like “I’m okay” or “I don’t think I’m seriously hurt” can come back to haunt you when symptoms worsen days or weeks later, which is extremely common in car accidents, slip and falls, and other personal injury cases. Soft tissue injuries, concussions, and internal trauma often do not present immediately. Anything you say before a full medical evaluation creates a record that insurance companies will use against you.
Once you give a recorded statement, the insurance company controls that record and can reference it throughout your entire claim.
Even well-intentioned answers can be taken out of context or used to create inconsistencies if your account of events evolves as you remember more details or receive a diagnosis. The American Bar Association strongly advises injury victims to consult with an attorney before providing any recorded statement to an insurance company. Once it is recorded, you cannot take it back.
The moment you are injured in an accident that was someone else’s fault, that is the right time to talk to a personal injury attorney. Do not wait until you have already given a statement or signed something. Getting an attorney involved early means someone is protecting your rights from the very first call, not after the damage is already done.
If you were injured in an accident and an insurance company has already reached out, do not wait. The attorneys at Monument Legal offer free case reviews with no pressure and no obligation. We represent injury victims in Washington, DC, Northern Virginia, and Lansing, Michigan.
Do not panic. Speaking to an adjuster before knowing your rights is incredibly common and does not automatically destroy your claim. The most important step now is to stop all communication with the adjuster and contact a personal injury attorney as soon as possible. An attorney can review what was said, assess any potential damage, and help protect your claim going forward. Early missteps can often be addressed, but only if you act quickly.
No, not without first speaking to a personal injury attorney. A lowball offer is an early settlement from the insurance company that is intentionally far below what your claim is actually worth, and accepting it can cost you everything. Insurance companies often make these offers quickly, before you know the full scope of your medical treatment, lost wages, or long-term impact. Once you accept a settlement and sign a release, you typically cannot go back and ask for more money even if your condition worsens. According to the Consumer Financial Protection Bureau, consumers who seek professional advice before accepting settlements consistently receive higher outcomes than those who settle on their own.