Understanding Your Rights When Speaking with an Insurance Adjuster
After an accident, you will likely hear from an insurance adjuster representing the at-fault driver’s insurance company—or even your own. While adjusters may seem helpful, it is important to remember that they work for the insurance company, not for you. Their job is to protect the company’s bottom line, often by minimizing payouts.
Knowing your rights when dealing with an adjuster can help you avoid common pitfalls and ensure you receive fair compensation for your injuries and damages.
Key Rights You Have When Speaking with an Insurance Adjuster
1. The Right to Refuse a Recorded Statement
- Adjusters often request a recorded statement early in the claims process. While they may claim this is to “get your side of the story,” the real goal is to find inconsistencies or statements they can use against you.
- You are not legally required to provide a recorded statement. Politely decline and consult with an attorney before giving any statements.
2. The Right to Review and Understand Your Policy
- If you are dealing with your own insurance company, you have the right to review your policy and understand what is covered.
- Do not rely on the adjuster’s interpretation of your coverage. They may misrepresent policy terms to limit your claim.
3. The Right to Decline a Quick Settlement Offer
- Insurance companies often make low initial offers to settle claims quickly before the full extent of injuries or damages is known.
- You are not required to accept the first offer. Take your time to assess medical costs, lost wages, and future expenses before negotiating a fair settlement.
4. The Right to Seek Medical Treatment and Legal Advice First
- Adjusters may downplay injuries and suggest you do not need medical treatment. However, getting proper medical evaluation is critical for both your health and your claim.
- You do not have to sign anything or accept a settlement before consulting with a personal injury attorney who can assess the value of your claim.
5. The Right to Refuse to Release Medical Records
- Insurance adjusters may ask you to sign a medical authorization form, allowing them access to your medical history.
- You do not have to sign this broad release. Insurers may use prior medical conditions against you to argue that your injuries are not related to the accident. Instead, provide only relevant records related to the current injury.
6. The Right to Negotiate a Fair Settlement
- You do not have to accept the insurance company’s initial offer. You have the right to negotiate for a settlement that fully covers your damages, including medical bills, lost wages, pain and suffering, and future medical costs.
- A personal injury attorney can help evaluate whether an offer is fair and negotiate on your behalf.
7. The Right to File a Bad Faith Claim If Necessary
- If an insurance company delays payments, denies a valid claim without reason, or engages in deceptive tactics, you may have grounds for a bad faith insurance claim.
- Bad faith claims can result in additional damages beyond the original claim amount.
How to Protect Yourself When Dealing with Insurance Adjusters
- Keep all communication in writing – Avoid verbal discussions that can be misinterpreted or misrepresented.
- Document everything – Take notes on all interactions with the insurance company, including dates, times, and what was discussed.
- Consult an attorney before accepting a settlement – A lawyer can ensure you receive a fair offer that covers all your damages.
Do Not Let an Insurance Adjuster Undermine Your Claim
Dealing with an insurance adjuster can be challenging, especially when you are recovering from an accident. Knowing your rights and handling the process carefully can prevent mistakes that could reduce your compensation. If you are unsure about how to proceed, consult a personal injury attorney who can advocate for you and ensure the insurance company does not take advantage of you.
Need help with an insurance claim? Contact our firm for a free consultation today.
