By Jose M. Francisco, Founder, The Law Offices of Jose M. Francisco
After a car accident, whether it’s a fender bender or something far more serious, the phone call from an insurance adjuster can feel like the first real step in dealing with the aftermath. For many, it’s a confusing, sometimes intimidating conversation. They’re usually friendly, professional, and quick to ask how you’re doing. But don’t let their demeanor lull you into a false sense of security. Remember, the insurance adjuster, regardless of whose company they represent, has one primary goal: to minimize the payout from their employer.
Having spent 35 years representing injured individuals in Miami, I’ve seen countless clients handle these initial conversations, sometimes to their detriment. That’s why I want to share my insights on the crucial dos and don’ts of talking to an insurance adjuster. Your words in these early stages can significantly impact your personal injury claim.
The DON’TS: Protect Your Rights and Your Claim
- DON’T Give a Recorded Statement Without Legal Counsel: This is perhaps the most critical “don’t.” Adjusters often request a recorded statement, framing it as a necessary step for their “investigation.” While it is an investigation, it’s primarily designed to find inconsistencies or admissions of fault that can be used against you later. Politely decline any request for a recorded statement until you’ve spoken with an accident attorney. You are not legally obligated to provide one.
- DON’T Discuss Fault or Accept Blame: Even if you think you might have been partially at fault, or if you feel guilty about the accident, do not discuss fault with the adjuster. Statements like, “I’m so sorry, I didn’t see them,” or “I should have been more careful,” can be interpreted as an admission of guilt. Florida operates under a comparative negligence system, meaning you can still recover damages even if you were partially at fault. Let the evidence and legal analysis determine fault, not your initial emotional response.
- DON’T Speculate or Guess: If you don’t know the answer to a question, simply say, “I don’t know.” Do not guess about speeds, distances, or the severity of your injuries. Speculation can be misconstrued and used to undermine your credibility. Stick to the facts you are certain of.
- DON’T Downplay Your Injuries or Say “I’m Fine”: It’s natural to try and be stoic, especially following an accident. You might say, “I’m fine,” out of habit or shock. However, many injuries, particularly soft tissue injuries, whiplash, or concussions, don’t manifest their full symptoms for hours or even days. If you tell an adjuster you’re “fine” and then later seek extensive medical treatment, they can use your initial statement to argue that your injuries aren’t as severe as you claim. Only discuss what you know to be true at that exact moment, and if you have pain or discomfort, say so. Better yet, let your medical records speak for your injuries.
- DON’T Sign Anything Without Reviewing It (Preferably with an Attorney): Adjusters might send forms for medical releases, property damage waivers, or settlement offers. Never sign any document without fully understanding its implications. Signing a medical release, for example, could give them access to your entire medical history, not just accident-related records, which they might use to find pre-existing conditions.
The DOS: Empower Your Claim
- DO Be Brief and Factual: Provide only the essential facts: your name, contact information, the date and location of the accident, and the vehicles involved. Keep your answers concise. Avoid elaborating or offering unnecessary details.
- DO Get the Adjuster’s Information: Make sure to get their name, contact number, email, and claim number. This is crucial for your records and for your accident attorney.
- DO Report the Accident Promptly: While you should be cautious about what you say, you should notify your own insurance company of the accident in a timely manner as per your policy’s terms. Again, stick to the basic facts.
- DO Seek Medical Attention Immediately: Your health is paramount. Even if you feel okay, get checked out by a doctor. This not only protects your well-being but also creates an official record of your injuries linked to the accident, which is vital for any future claim.
- DO Consult with an Experienced Personal Injury Attorney: This is my strongest recommendation. The insurance industry has vast resources and experienced professionals working to protect their bottom line. You need someone on your side who understands the law, knows how to negotiate with adjusters, and can protect your rights. An attorney can handle all communications with the insurance company, ensuring you don’t inadvertently jeopardize your claim. We can advise you on what to say, what not to say, and when to say it.
Remember, the period immediately following an accident is overwhelming. Dealing with property damage, medical treatment, and potential lost wages is stressful enough without also having to battle insurance companies. By understanding these dos and don’ts, you can take a proactive step in protecting your future. And when in doubt, call a Miami injury lawyer. It’s why we’re here.
About the Author
Jose M. Francisco was born in Havana Cuba and he has been a resident of the Miami metropolitan area since 1974. He attended Barry University and Nova University school of Law. He graduated with his doctor’s degree in 1991. In 1991 Jose Francisco founded The Law Offices of Jose M. Francisco, P.A. The Law Offices of Jose M. Francisco, P.A. handles all types of personal injury, product liability, insurance coverage, and consumer cases. Personal injury cases handled by the firm include automobile accidents, slip and falls, wrongful death, workers compensation, medical malpractice, and insurance matters.