What Not to Say to a Claims Adjuster

Topics > Work with the Claims Adjuster

Your claims adjuster is not your friend. That is the first thing you need to understand before you open your mouth on a recorded phone call or in a signed statement. The adjuster works for the insurance company, and that company has one goal: pay you as little as possible, as late as possible, or deny your claim outright. Your job is to give them the facts they need to process your claim—and nothing more. One careless sentence can cost you thousands of dollars or get your claim thrown out entirely.

Never apologize. Even a casual “I’m sorry” or “That was stupid of me” can be twisted into an admission of fault. In legal liability claims, fault determines who pays. Say you slipped on a wet floor in a store and, out of habit, mutter “I should have watched where I was going.” The adjuster records that and uses it to argue you were partially or fully at fault, reducing or eliminating your payout. Apologizing is a social reflex, not a legal necessity. Keep your mouth shut until you have a clear head.

Never speculate. When the adjuster asks “How fast were you going?” or “How far away was the other car?” do not guess. Say “I don’t know,” or better, “I’m not going to estimate that.” If you say “Maybe 35 miles per hour” and a witness later says 25, you look like a liar. If you say “He seemed really close” and the adjuster has skid-mark calculations showing 150 feet, your credibility vanishes. Stick to what you are certain of: “I was driving at the posted speed limit” or “I am unable to estimate distance.” Guesses are free ammunition for the adjuster to use against you.

Never give a recorded statement without first reading your policy and consulting a lawyer. Many adjusters start a call with “We just need a brief recorded interview to move things along.” That is a trap. You are under no legal obligation to give a recorded statement in most first-party claims (your own insurance). In third-party claims (against someone else’s insurance), you may have to cooperate, but you still have the right to have your attorney present. Tell the adjuster, “I will provide a written statement after I’ve reviewed everything with my lawyer.” If they push, repeat it. Recordings are permanent, and you cannot take back a poorly worded answer.

Never provide more information than asked. If the adjuster asks “What were you doing right before the accident?” do not launch into your entire morning routine. Answer the question directly: “I was driving home from work.” If they ask “Did you see the other car?” answer “Yes” or “No,” then stop talking. Silence is powerful. Let the adjuster fill the gap, and when you feel tempted to add detail, remind yourself that every extra word is a potential weapon.

Never admit to prior injuries or medical conditions without understanding the context. If you had a backache two years ago from lifting a couch, and now you have a back injury from a car crash, the adjuster will try to argue the current pain is a pre-existing condition. You do not need to volunteer that information. If asked directly, be truthful but precise: “I had a minor back strain in 2020 that fully resolved. No ongoing problems.” Do not say “I’ve always had a bad back” or “My back has been weak.” Those phrases become permanent excuses for the insurance company.

Never lie or exaggerate. This seems obvious, but people fudge numbers or stretch the truth because they think it helps. It backfires. Insurance companies have databases, investigators, and surveillance. If you claim you cannot walk after an accident and they film you mowing the lawn, your entire claim collapses. Even small lies—like saying you never had a ticket when you did—destroy your credibility. Honesty is your only shield. If you are honest, the adjuster has less room to paint you as untrustworthy.

Never sign a release or settlement check without reading the fine print. A release often says you give up all future rights to claim for this accident. If you sign it and later discover a hidden injury, you are out of luck. Take the document to a lawyer or at least read every line aloud. If you do not understand a phrase, do not sign. The adjuster will pressure you with deadlines. Deadlines are negotiable. Say “I need more time to review this with my attorney.”

Never discuss your claim with anyone other than your lawyer and your insurance company’s claims department. Do not post about the accident on social media. Do not tell your neighbor the details. Do not email the adjuster casually. Everything you say can become evidence. A Facebook photo of you smiling at a party can be used to argue your injury is not serious. A text to a friend saying “I’m fine, just sore” contradicts a claim for severe pain.

Finally, never forget that the adjuster is trained to pay you less. Their scripted questions are designed to elicit admissions, contradictions, and excess information. Your best response is often silence, a simple “I don’t remember,” or “I’ll let my attorney address that.” You are not being rude. You are protecting your rights. In a legal liability claim, words are not just conversation—they are evidence. Choose them carefully, or better yet, let your lawyer choose them for you.

FAQ

Frequently Asked Questions

Yes, in some cases. If a guest ignores clear rules, engages in reckless behavior like diving in shallow water after being warned not to, or trespasses, they may be found fully or partially at fault. This is known as comparative fault. Their compensation could be reduced by their percentage of responsibility. However, the property owner’s duty to maintain a safe environment is high, especially for children, who are not expected to exercise the same judgment as adults.

The first offer is almost always a low initial bid, not a final evaluation of your claim’s full value. Insurers aim to close claims quickly and cheaply before all long-term costs (like future medical needs or lasting disability) are fully known. Accepting it usually requires signing a full release, forever giving up your right to seek more money later, even if your condition worsens. Having a lawyer negotiate ensures all current and future losses are accounted for.

Yes, you should obtain at least two to three estimates from comparable contractors. This demonstrates due diligence and establishes a market-rate range for the repairs. Do not automatically submit the highest estimate. Instead, analyze the scope and detail of each. The most thorough and reasonable estimate, often the middle one, is typically the most defensible. Using an inflated estimate can damage your credibility and slow down the settlement process.

You must still notify your insurer. A seemingly minor injury can develop into a major medical issue, and a small demand can escalate into a full lawsuit. Your policy requires you to report all claims, and deciding not to report a “small” one puts you personally at risk. The insurer has the experience to evaluate the true risk. If coverage isn’t needed, they will simply close the file, but you have protected your position.