Dealing with Insurance Adjusters: What You Should Never Say on a Recorded Call
Introduction
Within days—or sometimes hours of a car accident, your phone will ring. It is likely an insurance adjuster representing the other driver. They will sound polite, concerned, and professional. They may ask, “How are you feeling?” or say they just want to “close the file quickly” and send you a check.
Do not be fooled. The adjuster’s primary job is to save the insurance company money. Every question they ask is designed to find information that can be used to deny your claim or reduce your settlement. Knowing what not to say is just as important as knowing your rights.
1. Never Say “I’m Fine” or “I’m Okay”
This is a natural, polite response when someone asks how you are. However, in a legal context, “I’m fine” is an admission. If you say this on a recorded line, the insurance company will use it later to argue that your injuries are not serious.
What to say instead: “I am still being evaluated by my doctors” or “I prefer not to discuss my medical condition at this time.”
2. Do Not Agree to a Recorded Statement
Adjusters will often pressure you by saying, “We can’t process your claim until you give a recorded statement.” This is rarely true for the other driver’s insurance company. You are generally under no legal obligation to give them a recorded interview.
A recorded statement gives them a permanent record of your account before you have had time to process the trauma or consult a lawyer. If your memory of the event changes slightly later, they will use the recording to paint you as a liar.
What to say instead: “I will submit a written statement later” or “Please speak to my attorney regarding the details of the accident.”
3. Avoid Speculating or Guessing
Questions like “How fast do you think you were going?” or “Did you see the other car before impact?” are traps. If you answer “I think about 45 mph” or “I guess I looked away for a second,” you are providing ammunition for a liability dispute.
The Golden Rule: If you don’t know, say “I don’t know.” Never guess.
4. Do Not Accept the First Settlement Offer
Adjusters know that accident victims are often desperate for cash to fix their car or pay rent. They will offer a “quick settlement” of $500 or $1,500 to make you go away. This is called a “Nuisance Value” offer.
By accepting this check (often digitally or over the phone), you are releasing them from all future liability. If you wake up next week with severe neck pain requiring an MRI, you cannot go back for more money.
5. Never Admit Fault (Even Partially)
Avoid phrases like “I’m sorry,” “I shouldn’t have stopped so fast,” or “I didn’t see him.” Even if you think you might be partially to blame, you likely do not have all the facts (such as the other driver’s speed, distraction, or mechanical failures).
Let the police report and the investigation determine fault. Your only job is to state the objective facts of what happened.
6. Do Not Discuss Your Lawyer (Until You Hire One)
If you threaten to hire a lawyer but haven’t yet, the adjuster knows you are bluffing and may try to lowball you quickly before you get representation. Conversely, once you have hired a lawyer, you should not be talking to the adjuster at all.
The Protocol: Once represented, simply say, “All further communication must go through my attorney, [Name].” Then hang up.
Conclusion
Dealing with insurance adjusters is a high-stakes negotiation where experience matters. Remember that anything you say can and will be used against your claim. The safest strategy is to limit your communication, refuse recorded statements, and consult with a personal injury attorney before signing any documents or accepting any checks.
