Dealing With Insurance Adjusters After a Car Accident

The first call often comes within a day or two of the crash, from someone who introduces themselves as the adjuster handling your claim. Sometimes it's your own insurer; sometimes it's the other driver's; on a messy crash, it's both, plus a separate property appraiser. Adjusters investigate, decide what their company thinks it owes, and make the offers. Most are friendly and do their jobs well. Being friendly is not the same as being on your side, though, and knowing which company each one answers to will shape how you handle every conversation.

What an adjuster does

An adjuster investigates a claim and recommends or decides how much the insurance company will pay. Their work usually includes:

• Reviewing the police report, photos, and statements
• Inspecting vehicle damage, or sending an appraiser
• Asking for medical records and bills
• Deciding who was at fault, at least from the insurer's point of view
• Making settlement offers and negotiating

Adjusters may be employees of the insurer, independent adjusters hired for a specific claim, or appraisers who only look at vehicle damage.

Your adjuster vs. the other driver's adjuster

If you remember one thing from this guide, make it this table.

	Your own insurer (first-party claim)	Other driver's insurer (third-party claim)
Relationship	You have a contract (your policy)	No contract with you
Your duties	You generally must cooperate under the policy	No contractual duty to cooperate
Their role	Pay benefits your policy promises	Protect their own policyholder and pay only what they think their driver owes
Typical coverages	Collision, PIP, medical payments, UM/UIM, rental	The other driver's liability coverage

The Texas Office of Public Insurance Counsel points out that third-party claims can be harder because the other insurer works on its own driver's side, must agree its driver was at fault, and may be limited by low policy limits. The Texas Department of Insurance (TDI) adds that because you have no contract with the other insurer, your options are more limited than with your own company.

With your own insurer, read your policy. It usually requires prompt notice and reasonable cooperation, which may include letting them inspect the car and answering questions about the crash.

Before the first call

Ten minutes of prep makes the call go better:

• Your policy declarations page. Know which coverages you have and the limits.
• The claim number for each insurer.
• The police report number and, if available, the report itself. See how to get a police accident report.
• A one-page summary of the facts: date, time, place, direction of travel, what happened.
• A call log. A notebook or a note on your phone where you write the date, time, person, and what was said for every call.

The NAIC recommends keeping notes of every conversation with your agent or adjuster, including dates, and asking for a written explanation of each decision.

What to share, and what to be careful with

Generally fine to share

• Your name, contact information, and insurance details
• Basic facts: date, time, location, vehicles involved
• The police report number
• Photos of the vehicles and scene
• Repair estimates and receipts

Be careful with

• Opinions about fault. Stick to facts. "I was stopped at the light" is a fact. "I guess I should have seen him" is an opinion that may be used against you.
• Statements about injuries. Don't say "I'm fine" if you haven't seen a doctor. Some injuries show up days later. "I'm getting checked out" is accurate and safe.
• Guessing. If you don't know the speed or the distance, say you don't know.
• Recorded statements to the other insurer. You generally don't have to give one. Read our guide on recorded statements first.
• Broad medical authorizations. A form that lets the insurer pull your entire medical history goes further than they need. You can offer instead to send records related to the crash.

Common adjuster requests and how to respond

Request	A reasonable response
"Can we record your statement?"	With the other insurer: you can decline or ask to answer in writing. With your own insurer: check your policy; you may need to cooperate.
"Sign this medical release."	Ask whether you can provide crash-related records directly instead.
"We need you to sign this release to get paid."	Don't sign a final release until you know the full extent of your injuries and losses.
"We've decided you were partly at fault."	Ask for the reasons in writing and the evidence they relied on.
"This is our final offer."	Ask how they calculated it, and respond in writing with documents that support a higher amount.

Keep it in writing

Phone calls are easy to misremember. After any important call, send a short email that summarizes what was said:

"Thank you for speaking with me today. As I understood it, you are waiting for the body shop estimate and will contact me by Friday. Please let me know if I misunderstood anything."

This creates a record and gives the adjuster a chance to correct you. TDI recommends getting the adjuster's contact information, responding promptly, and keeping notes on calls.

How claims timelines work

Many states have rules about how quickly an insurer must respond to its own policyholder. Texas, for example, generally gives the company 15 business days to acknowledge a claim and start its review, then 15 business days after receiving requested information to accept or reject it, with a possible 45-day extension if it explains why. Once it agrees to pay, it must pay within five business days.

TDI notes that these deadlines don't apply when another driver's insurer is paying, though that insurer must still settle your claim quickly and fairly. Other states have their own rules, usually in an unfair claims practices law. Your state insurance department's website will explain them.

Pushing back on a low offer

A low first offer is normal, especially if it arrives while you're still in physical therapy. One way to respond:

1. Don't accept on the spot. The NAIC says you don't have to accept a payment you believe is unfair, and you can take your time.
2. Ask how they got the number. Request the calculation in writing.
3. Fill the gaps. Often the offer leaves out bills, future treatment, or lost wages that the adjuster hasn't seen yet. Send documents.
4. Make a written counteroffer. Explain your number with records.
5. Ask to talk to a supervisor if you're stuck. The Texas Office of Public Insurance Counsel suggests this as a step in first-party disputes.
6. Use the appraisal clause for vehicle value disputes with your own insurer, if your policy has one.

For more on how offers are put together, see how car accident settlements work.

Releases and checks

A release is a document that ends your claim in exchange for payment. Once you sign it, you usually can't come back for more money, even if your injury turns out to be worse than you thought. The Texas Office of Public Insurance Counsel warns that the other driver's insurer will likely ask you to sign a release of all claims, and recommends taking your time and reading everything, including checks, before signing.

Watch for:

• A property damage check that includes release language for injury claims
• A check marked "full and final settlement"
• A release that names more people than the at-fault driver

If something is unclear, ask in writing before you cash or sign anything.

When things go wrong

If an adjuster stops responding, delays without reason, or denies a claim:

• Ask for the denial and reasons in writing. TDI specifically recommends this when the other driver's insurer denies payment.
• Turn to your own coverage. Collision, PIP, medical payments, or UM/UIM may pay while the fault dispute continues. Your insurer can then try to recover from the other insurer, and you may get your deductible back.
• File a complaint with your state insurance department. The NAIC suggests contacting the department's consumer services staff if you can't resolve a dispute about claim handling.
• Talk to a lawyer if you're seriously injured, fault is disputed, or the insurer won't move. See do I need a lawyer.

A simple adjuster checklist

• ☐ Write down every adjuster's name, phone, email, and claim number
• ☐ Keep a call log with dates and summaries
• ☐ Follow up important calls with an email
• ☐ Stick to facts; don't guess or apologize
• ☐ Don't downplay injuries before a medical exam
• ☐ Ask for every decision and calculation in writing
• ☐ Read every release and check before signing or cashing
• ☐ Know your state insurance department's complaint process

Remember who signs their paycheck

The other driver's adjuster works for their policyholder, not for you. Your own insurer is different: you have a contract with it, and that contract usually requires you to cooperate. With either one, keep a written record of every conversation, confirm key points by email, and ask for offers and denials to be explained in writing. Hold off on any release until you know the full extent of your losses. And if a claim stalls, your state insurance department is there to take the complaint.