Insurance ClaimsMay 15, 20266 min read

Should You Speak With the Insurance Adjuster?

When the at-fault driver's insurance company calls, should you talk to the adjuster? Understanding your rights and risks can protect thousands in your settlement.

Should You Speak With the Insurance Adjuster?

Within hours or days after an accident, the at-fault driver's insurance company will likely call you. The adjuster will be polite and professional. But you need to understand what's actually happening — and whether you should speak with them at all.

Key Takeaways

  • You are NOT legally required to speak with the other driver's insurance adjuster
  • Adjusters are trained to gather information that minimizes your claim
  • Early calls often come before you know the full extent of your injuries
  • Cooperation with YOUR OWN insurer is generally required under your policy terms

The Two Types of Adjusters You'll Encounter

Your Own Insurance Company's Adjuster

You have a contractual obligation to cooperate with your own insurance company. This includes reporting the accident promptly and participating in the claims process.

With your own insurer: Be factual, cooperative, and report what happened accurately.

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The At-Fault Driver's Insurance Adjuster

The other driver's insurance company has no contractual relationship with you. Their adjuster works to minimize what their company pays.

With the at-fault driver's insurer: You have no legal obligation to provide a recorded statement or cooperate beyond what your attorney advises.

Why Adjusters Call So Quickly

  • Before you've seen a doctor — to use any minimizing statements about injuries
  • Before you've consulted an attorney — you're more likely to say something damaging
  • Before you know your full injuries — to offer a settlement that covers far less than needed
  • While you're still in shock — to capitalize on emotional vulnerability

What To Do When the Other Insurer Calls

  1. Confirm their company name, adjuster's name, and claim number
  2. Provide only basic identifying information — name, contact info, date and location of accident
  3. Do NOT give a recorded statement: "I'm not prepared to give a recorded statement at this time"
  4. Ask for their contact information and tell them you'll be in touch
  5. If they press, repeat: "I'm not able to discuss the details of this claim right now"

FAQ

What if the adjuster says they can't process my claim without a recorded statement? This is a pressure tactic. They can investigate without your recorded statement.

Should I hire an attorney before talking to the adjuster? For any accident involving injury, consulting an attorney before giving any recorded statement is wise.

What happens if I refuse to speak with the other driver's adjuster? Nothing negative happens to you. The claim continues. You are not penalized for exercising your right to decline.


Disclaimer: This article provides general information and does not constitute legal advice.

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