Insurance adjusters are trained professionals who know exactly which questions to ask to elicit statements that limit your claim. They listen for specific phrases — minimizing statements about your injuries, admissions of fault, inconsistencies — that become ammunition against your claim in settlement negotiations and at trial. Being prepared with the right language for every type of adjuster interaction is not just helpful; it is one of the most practically valuable things you can do to protect your recovery.
This guide provides specific language for every common adjuster scenario: the initial contact call, questions about your injuries, questions about fault, settlement pressure, and more. Use these frameworks as guides — always answer truthfully — and understand why each response is structured the way it is.
The most effective thing you can do is retain a personal injury attorney before any substantive adjuster conversation. When you have representation, your attorney handles all communications — you never have to worry about adjuster scripts at all. But if you are managing your own claim or have not yet retained counsel, this guide helps you protect yourself in every interaction.
The First Call: What to Say When the Adjuster Contacts You
The first call from the insurance company often happens within hours of the accident — before you have had time to understand your injuries, consult an attorney, or evaluate your situation. This call is the most dangerous interaction for unprepared claimants.
If they ask for more: "I'm not in a position to discuss the details right now. I'll have my attorney reach out to you."
When They Ask How You Are Feeling
This is one of the most common and most dangerous questions. Early positive health statements — made before your injuries have fully manifested — are systematically used by insurance companies to justify lower settlements. Whiplash, herniated discs, and concussions often don't fully present until 24–72 hours after an accident. Saying "I feel fine" today can dramatically undermine a serious injury claim next week.
Or more briefly: "I'm under medical care and my doctors are still assessing my condition."
When They Ask About the Accident
Questions about how the accident occurred are designed to elicit statements that can be used to establish your comparative fault or contradict your later account of events. Memory is imperfect, especially immediately after a traumatic event — guessing about details you are not sure of creates inconsistencies that damage your credibility.
For specific questions you are unsure about: "I'm not certain about that specific detail — I don't want to guess and give you inaccurate information."
When They Ask About Fault
Fault questions are some of the most dangerous adjuster inquiries. Any statement that could be interpreted as accepting partial fault can trigger comparative negligence reductions that significantly diminish your recovery — or in contributory negligence states, eliminate it entirely.
If pressed: "I understand you're asking about fault, but I really can't make any statements about that without my attorney. Please direct those questions to their office."
When They Request a Recorded Statement
The recorded statement request is one of the most important interactions to handle correctly. A recorded statement creates a permanent transcript that can be used to impeach you throughout the entire claims and litigation process. Your single best response is a polite but firm refusal.
If they push: "I understand that's your procedure, but I'm not comfortable giving a recorded statement without my attorney present. Please work through their office."
When They Request a Medical Authorization
A blanket medical authorization giving the insurance company access to your complete medical history is a significant privacy and legal risk. It allows them to search for prior injuries, pre-existing conditions, and any other medical history that can be used against your claim.
When They Make a Settlement Offer
Early settlement offers — even ones that sound substantial — are almost universally below fair value. They are designed to close the claim before you know your full medical expenses, before you understand your rights, and before any attorney has evaluated the case.
If they set a deadline: "Artificial deadlines don't change my situation. I'm not going to make a settlement decision before I have complete medical information and legal guidance."
What You CAN Ask the Adjuster
While you should be careful about what you say, there is important information you can and should collect from the adjuster:
- Adjuster's full name, title, direct phone number, and email address — you need to be able to contact them and document all interactions
- The insurer's name and the insured's name — confirm the policy is the right one
- The claim number — you need this for all future correspondence
- The policy limits — you have the right to know how much coverage is available to you (though they may not always disclose this early in the process)
- What documentation they need from you — understand what they're requesting before deciding whether to provide it
A Complete Reference: The Do/Don't Quick Guide
| Situation | Say This | Never Say This |
|---|---|---|
| First contact | "My attorney will be in touch" | "Sure, let me tell you what happened" |
| How are you feeling? | "Still under medical care, being assessed" | "Fine," "Okay," "Better," "Not too bad" |
| Describe the accident | Basic facts only; defer to attorney for detail | Speculation, guesses, admission of inattention |
| Who was at fault? | "Not prepared to address fault — contact my attorney" | Any admission of partial fault or uncertainty about the other driver's fault |
| Recorded statement? | "Not without my attorney present or directing" | "Sure," "I don't mind," "Go ahead" |
| Sign authorization? | "Will review with my attorney first" | Signing anything without legal review |
| Settlement offer? | "Not prepared to discuss settlement — speak with my attorney" | Accepting, countering, or engaging with the number |
| Were you wearing seatbelt? | Answer accurately but briefly | Don't elaborate or speculate about its relevance to the accident |
| Prior accidents or injuries? | "I'll have my attorney address that" | Volunteering prior injury history |
→ See: How to Deal With an Insurance Adjuster After an Accident
→ See: How Insurance Companies Calculate Settlements
Frequently Asked Questions
Provide your name, confirm you were involved in the incident, and tell them you are still receiving medical care and that all communications should go through your attorney. If you don't yet have an attorney, say you are consulting with one. Do not discuss accident details, injuries, or fault on this call.
Never say: "I'm fine," "I'm not badly hurt," "I think it was partly my fault," "I wasn't paying attention," "I'm not sure who had the right of way," "It wasn't that big of a deal," or anything minimizing your injuries or suggesting fault. These become permanent record entries used to justify lower settlement offers and to contradict later claims of serious injury.
Say: "I'm still under medical care and being evaluated by my doctors. I won't know the full extent of my injuries until treatment progresses further." Do not say "fine," "okay," "better," or any positive health characterization. Early positive statements are systematically used by insurers to minimize injury claims.
Yes. You can ask for: the adjuster's full name and contact information, the insurance company's name, the insured party they represent, the claim number, and what documentation they need. Gathering this information is appropriate and helps you document all interactions.
No. For questions you cannot answer accurately, say "I don't know" or "I'm not certain." For speculation questions about fault or causation, say "I'm not in a position to speculate about that." For recorded statement requests, politely decline. You have no obligation to help the other party's insurer build a case limiting your claim.
Say: "I'm not in a position to discuss settlement at this time. I'm still under medical care and don't yet know the full extent of my damages. Please direct any settlement discussions to my attorney." Never accept any settlement offer under pressure, especially before medical treatment is complete and before you fully understand your damages.
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Last reviewed: June 2025 | ← Back to Personal Injury Guide