When speaking with your insurance company after an accident, don’t admit fault, speculate on the accident’s cause, or minimize your injuries. Providing brief, factual answers protects you from their attempts to devalue or deny your claim.
A serious accident presents numerous challenges, and dealing with insurance adjusters requires careful communication. Your words have immense power in the claims process. An insurance company may try to use them against you in ways you don’t anticipate.
Key Takeaways for What Not To Say to My Insurer
- Insurance adjusters work to protect their company’s profits, not your interests.
- You don’t have to provide a recorded statement to an at-fault party’s insurer.
- Never admit fault or apologize for the accident in any way.
- Avoid downplaying your injuries with phrases like “I’m okay” or “It wasn’t that bad.”
- A personal injury attorney can manage all communication with the insurer for you.
The Insurance Adjuster’s Role in Your Claim
You’ll likely receive a call from an insurance adjuster shortly after an accident, and they may seem friendly and concerned about your well-being. This approach serves a specific business purpose: to resolve your claim for the lowest possible amount.
The adjuster represents the financial interests of their employer, the insurance company. Anything you say to an adjuster can be documented and used to challenge your claim later. Protecting your rights with insurance companies begins with this understanding.
Minimizing Payouts
Insurance companies operate as for-profit businesses. Their profitability increases when they pay out less in claims. The adjuster you speak with is trained to gather information that helps them achieve this goal.
They look for any statement that suggests you share blame for the accident. They listen for descriptions of your injuries that make them seem minor. They document everything in pursuit of reducing what the company pays.
This fundamental conflict of interest highlights a major benefit of hiring a personal injury lawyer; an attorney works for you and your interests.
Common Strategies Adjusters Use
Insurers know they have an advantage against unrepresented people since their adjusters work with claims every day. They leverage their knowledge and experience to find ways to minimize their payouts. A personal injury lawyer levels the playing field, adding an experienced advocate to your side.
Adjusters use several tactics when dealing with victims after an accident, including:
- Offering a Quick Settlement: An adjuster may propose a fast payment before the full extent of your injuries becomes clear, hoping you accept less than your claim’s true value.
- Requesting a Recorded Statement: Adjusters often say they need a recorded statement to process your claim, but the recording primarily serves the company’s interests.
- Discouraging Legal Help: An adjuster may imply that hiring an attorney complicates the process, as they prefer to negotiate with an unrepresented individual.
Why Your Own Insurer May Act Against You
Many people are surprised when their own insurance company seems to be working against them. You pay your premiums with the expectation of support after an accident.
However, your insurer also has a financial incentive to limit payouts, especially in cases involving Uninsured/Underinsured Motorist (UM/UIM) claims.
Your company may pressure you to use their approved repair shops, or question the necessity of your medical treatments.
Phrases and Admissions That Weaken Your Case
Your conversation with an adjuster is a critical moment for your claim. Specific words and phrases can unintentionally grant them the leverage they need to reduce your settlement. One of the most damaging mistakes to avoid when talking to insurance is providing opinions instead of facts.
Stick only to the known details of the incident. Don’t guess about speed, distance, or the other driver’s actions. Your statements must remain accurate and limited to what you know for sure; speculation only creates opportunities for the insurer to find inconsistencies.
Common damaging statements to avoid include:
- Apologies: Never apologize to an adjuster. Phrases like “I’m so sorry” can be twisted into an admission of guilt, even if you’re just being polite.
- Injury Minimization: Downplaying pain with statements like “I’m okay,” or “It wasn’t that bad,” “I’m just a little sore” can be used against you if serious injuries emerge later that require more extensive medical care.
- Speculation: Avoid guessing about what happened with phrases like “I think the other car was speeding” or “Maybe I could have stopped sooner.”
- Acceptance of Fault: You should never admit or accept fault to an insurance adjuster, even partial fault, as this severely compromises your claim.
- Uncertain Phrasing: Answering questions with “I guess” or “I’m not sure” can be interpreted as a lack of credibility or a sign of dishonesty.
- Premature Finality: Telling an adjuster you have fully recovered gives them a reason to close your medical claim before you know the long-term prognosis.
The Truth About Giving a Recorded Statement
Soon after you file a claim, the at-fault party’s insurer will likely ask you to provide a recorded statement and present it as a routine, necessary step in their process. You have the right to decline this request, and it’s in your best interest to do so without legal representation.
The primary purpose of a recorded statement isn’t to help you. It helps the insurance company. Insurers use confusing questions to elicit damaging answers, solidify early testimony, and find inconsistencies to challenge your credibility.
They want to lock you into a single version of events, hoping to find any small detail they can later contradict with a police report, medical record, or witness account. Giving a recorded statement to insurance adjusters creates unnecessary risks.
Reasons insurers want to record your statement include:
- Locking Your Story: A recording makes it difficult for you to clarify or add details later as you remember them, which is a natural process after a traumatic event.
- Finding Inconsistencies: The adjuster will compare your recorded words to every other piece of evidence to find contradictions they can use to question your truthfulness.
- Asking Leading Questions: They’re skilled at phrasing questions that may confuse you or lead you into saying something that negatively impacts your claim.
- Using Your Tone Against You: If you sound tired, stressed, or hesitant, they may argue that your tone suggests a lack of confidence in your own account.
- Getting You on Record About Injuries: They may ask how you feel, and any answer other than “I am getting medical care” can be used to downplay your injuries later on.
What To Do When Communicating With an Insurer
Your interaction with an insurance company requires a cautious and disciplined approach. You’re not obligated to have a long conversation, answer every question, or provide them with sensitive documents on the spot.
By following a clear set of steps, you can protect your interests while still fulfilling your basic reporting obligations. Dealing with insurance adjusters after an accident becomes manageable when you control the flow of information.
The core principle is to provide the minimum required information and nothing more. These steps ensure you avoid common traps.
The proper steps to take include:
- Provide Basic Facts Only: You can confirm your name, address, and the time and place of the accident. You don’t have to discuss details about how the accident happened or the extent of your injuries.
- Decline a Recorded Statement: You can politely say, “I’m uncomfortable providing a recorded statement at this time.” This is a reasonable and protective measure.
- Do Not Sign Any Documents: The insurer may send you a stack of forms, including a broad medical authorization. Don’t sign anything without a lawyer’s review.
- Keep Notes of the Conversation: Write down the date, time, name of the adjuster, and what you discussed. This log helps your attorney later.
- Direct All Future Communication to Your Lawyer: The single best step you can take is to hire a personal injury lawyer. Once you do, you can instruct all insurers to speak directly with your legal representative.
How a Personal Injury Lawyer Helps With Insurance Company Communications
Hiring a personal injury attorney fundamentally changes your relationship with the insurance company. Instead of you facing a trained negotiator alone, the insurer must go through your legal advocate.
This single decision resolves the core problem of communicating with the insurer as your lawyer handles these difficult conversations for you.
An experienced personal injury lawyer knows exactly how insurance companies use your words against you. They manage the information to ensure that your claim is presented accurately and powerfully. You no longer have the burden of fielding calls or responding to document requests.
A lawyer’s help includes:
- Acting as Your Spokesperson: Your attorney will handle every phone call, email, and letter, shielding you from adjuster pressure.
- Investigating the Accident: A legal team proactively collects police reports, witness statements, medical records, and other crucial evidence to build a strong foundation for your claim.
- Accurately Calculating Your Claim: When left to their own devices, insurers tend to devalue claims. An attorney evaluates all damages, including future medical needs, lost earning capacity, and pain and suffering, to determine the true amount of compensation you need.
- Submitting a Formal Claim: A legal team prepares and submits a comprehensive claim supported by evidence, not a casual verbal statement.
- Controlling Document Release: They provide the insurer with only the relevant medical records and documents necessary to prove the claim, protecting your privacy from overly broad requests.
- Managing All Deadlines and Paperwork: Your lawyer ensures all documents are filed correctly and on time, protecting you from missing a critical deadline like the statute of limitations.
- Negotiating Your Settlement: An experienced lawyer understands claim valuation and argues forcefully on your behalf to secure fair compensation for all your damages.
FAQ for What Should I Not Tell My Insurance Company After an Accident?
Do I Have To Sign a Medical Authorization Form From the Insurer?
Don’t sign a broad medical authorization form from the at-fault party’s insurance company. These forms often give them unlimited access to your entire medical history, which they can use to argue that a pre-existing condition, not the accident, caused your injuries.
Your lawyer can provide them with only the specific records related to the injuries from your accident.
What if an Adjuster Is Pressuring Me for a Statement?
You can politely and firmly end the conversation. State that you’re focusing on your medical treatment and won’t provide any statement at this time. The most effective way to stop the pressure is to tell them your lawyer will contact them, which signals that you’re protecting your rights.
Why Is My Own Insurance Company Treating Me Like an Adversary?
Your own insurer may act in an adversarial way because their financial interests conflict with yours. In cases where the at-fault driver is uninsured or underinsured, your claim is made against your own policy.
Every dollar they pay you comes from their own assets, giving them an incentive to minimize the payout.
What Happens if I Already Said the Wrong Thing to an Adjuster?
Many people speak with an adjuster before they have legal guidance. If you believe you may have admitted partial fault or downplayed an injury, contact an experienced attorney and let them work to correct the record.
Your lawyer can contact the insurance company, clarify your previous statements, and put them in the proper context. They’ll then take over all future communications.
Can an Insurance Company Use My Social Media Posts Against Me?
Yes, insurance companies actively search social media for photos or posts they can use to contradict your injury claim. A picture of you at a social event or a post about a family activity can be presented as evidence that your injuries aren’t as severe as you claim.
It’s best to refrain from posting about the accident or your physical condition online.
Let Us Handle the Insurer for You
Facing a large insurance company alone can feel like an impossible challenge. The single most empowering action you can take is to establish a clear boundary with the insurance company by contacting a personal injury lawyer.
You have the right to direct all communications through a legal professional who advocates for your interests. This allows you to heal while a dedicated team fights for the compensation you need to rebuild your life.
The Rothenberg Law Firm has protected accident victims for over 50 years. If you’ve been injured, don’t face the insurance companies alone. Call us at (888) 991-3996; we’re available 24/6 to protect your rights.
