Understanding Who the Adjuster Works For
Insurance adjusters—whether staff adjusters or independent adjusters hired by the insurer—work for the insurance company, not for you. Their job is to investigate and resolve claims in a way that protects the insurer's interests. Most adjusters do this professionally and fairly. But understanding their role and the tactics some use helps you navigate the process without inadvertently harming your own claim.
The Recorded Statement Trap
One of the first things an adjuster does after a significant claim is request a recorded statement. You are typically not required to provide a recorded statement to the other party's insurer (third-party claims). Your own insurer may have a contractual right to a recorded statement under the cooperation clause. In either case, be careful: adjusters are trained to ask questions that elicit statements that can later be used to minimize your claim. A statement that you "felt fine immediately after the accident" can be used to dispute injury claims that developed later. Consult an attorney before providing any recorded statement in a significant claim.
The Early Settlement Offer
After an accident or loss, adjusters sometimes offer a quick settlement—before you have a clear picture of your medical treatment, total repair costs, or long-term damage. These early offers are almost always significantly below full claim value. Once you accept and sign a release, the claim is closed forever. Never accept a settlement for personal injury claims until you have reached maximum medical improvement and understand your future medical needs. For property claims, never accept until you have independent contractor estimates confirming the repair scope and cost.
The Lowball Repair Estimate
Adjusters use software systems (Xactimate, CCC) that generate repair estimates. These systems use their own labor rates and materials costs that may be below current market rates in your area. The estimate is a starting point for negotiation, not a final answer. Counter with independent licensed contractor estimates—written, detailed, from reputable local professionals. Document specifically where the insurer's estimate uses rates lower than contractor estimates for the same work.
Delay Tactics
Some insurers use delay—unreturned calls, requests for duplicate documentation already provided, extended "reviews"—to frustrate claimants into accepting lower settlements or giving up. Document every communication: date, name of person spoken with, what was said. Escalate through the insurer's internal complaint process when delays are unreasonable. Filing a state insurance department complaint promptly when an insurer violates prompt payment statutes often accelerates resolution.
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Frequently asked questions
Should I sign a medical authorization for the other party's insurance company?
Be very cautious about signing broad medical authorizations for adverse insurers. A broad authorization can give them access to your entire medical history—not just records related to the accident—which they will use to find pre-existing conditions to argue reduce your claim. Limit any medical authorization to records related specifically to the injuries from this specific incident, covering a defined time period after the accident.
The adjuster says my claim is "under investigation" for weeks. What can I do?
Request a specific timeline for completion of the investigation in writing. Your state's prompt payment statutes establish maximum response times—look these up and cite them in your correspondence. File a complaint with your state Department of Insurance if the investigation exceeds statutory timeframes without reasonable justification. An attorney's involvement often dramatically accelerates previously stalled investigations.
Can I negotiate with the adjuster myself, or do I need an attorney?
For small property damage claims with clear coverage and documented damages, self-representation is reasonable. For personal injury claims of any significant size, or any claim where the insurer has denied coverage or used unusual tactics, professional representation typically produces better outcomes. Attorneys who handle insurance claims on contingency cost you nothing upfront and often obtain settlements substantially higher than unrepresented claimants achieve.