Protect Yourself When the Adjuster Calls
After an accident, one of the first things you’ll likely hear is from an insurance adjuster. While they’re doing their job, their priority is often to minimize your payout, not to ensure you receive the compensation you deserve. Knowing what to say and, just as importantly, what not to say, is critical to protecting your claim.
At Eric Ramos Law, PLLC, we’re here to guide you through the process of dealing with insurance adjusters. Below, you’ll find essential scripts in both English and Español that will help ensure your rights are protected during the initial call with the insurance company.
Why You Should Be Cautious With Insurance Adjusters
Insurance adjusters may sound friendly and eager to “help,” but their primary goal is to protect the insurance company’s bottom line. Adjusters often use certain tactics to get you to make statements that could hurt your case.
Common Adjuster Tactics:
- Asking leading questions. They may try to get you to downplay your injuries.
- Pressuring you into a quick settlement. Many adjusters will try to settle before you understand the full extent of your injuries.
- Tricking you into admitting fault. Even if the accident wasn’t your fault, they may try to get you to say something that makes it seem like it was.
That’s why having a prepared response is so important. Here’s what you should say and not say during that first call.
The Ultimate Script: What to Say When the Adjuster Calls
1. English Script:
When you’re first contacted by an insurance adjuster, your response should be brief, polite, and non-committal.
Adjuster: “Hello, this is [Adjuster Name] from [Insurance Company]. I’m calling about your recent accident claim. Can you tell me how you’re doing?”
Your Response:
“Thank you for calling, [Adjuster Name]. I’m currently focusing on my medical treatment, and I don’t have a full understanding of the extent of my injuries yet. I will be happy to discuss this once I’ve spoken with my attorney.”
Adjuster: “Can you give me a statement about the accident? What happened exactly?”
Your Response:
“I’m not in a position to provide a detailed statement right now. I recommend you speak with my attorney, who will be handling all communications related to this claim. I’ll have them get in touch with you soon.”
Adjuster: “Can we settle this quickly? We can offer you a settlement right now.”
Your Response:
“I’m not in a position to accept or discuss any settlements until I’ve fully assessed the damage and received proper legal advice. Please direct all settlement offers to my attorney.”
Why This Script Works:
- Keeps it short and neutral. You avoid providing too much information that could be used against you later.
- Refers to your attorney. This ensures that the adjuster can no longer pressure you directly.
- Avoids early settlements. You make it clear that you’re not ready to settle until you understand the full extent of your claim.
2. Spanish Script (Español):
If you’re more comfortable speaking in Spanish or dealing with a Spanish-speaking adjuster, this script ensures you’re equally prepared.
Ajustador: “Hola, soy [Nombre del Ajustador] de [Compañía de Seguros]. Estoy llamando sobre su reclamo de accidente reciente. ¿Puede decirme cómo está?”
Su Respuesta:
“Gracias por llamar, [Nombre del Ajustador]. Actualmente estoy enfocándome en mi tratamiento médico y no tengo una comprensión completa de la gravedad de mis lesiones todavía. Estaré encantado de discutir esto una vez que haya hablado con mi abogado.”
Ajustador: “¿Puede darme una declaración sobre el accidente? ¿Qué sucedió exactamente?”
Su Respuesta:
“No estoy en posición de dar una declaración detallada en este momento. Le recomiendo que hable con mi abogado, quien se encargará de todas las comunicaciones relacionadas con este reclamo. Pronto se pondrán en contacto con usted.”
Ajustador: “¿Podemos resolver esto rápidamente? Podemos ofrecerle un acuerdo ahora mismo.”
Su Respuesta:
“No estoy en posición de aceptar ni discutir ningún acuerdo hasta que haya evaluado adecuadamente los daños y recibido asesoramiento legal adecuado. Por favor, dirija todas las ofertas de acuerdo a mi abogado.”
¿Por qué este guion funciona?
- Corto y neutral. Evita dar demasiada información que podría ser utilizada en su contra.
- Hace referencia a su abogado. Esto asegura que el ajustador no podrá presionarlo directamente.
- Evita acuerdos prematuros. Deja claro que no está listo para resolver hasta que entienda completamente su reclamo.
What You Should Never Say to an Adjuster
There are certain things you should never say to an insurance adjuster, as they can be used against you to diminish the value of your claim. Here’s a list of “Don’ts”:
- “I’m fine, just a little sore.” This statement could be interpreted as you not being seriously injured.
- “It was my fault.” Even if you think you were partly responsible, avoid admitting fault until your attorney has had a chance to evaluate the evidence.
- “I’ll sign the release form right away.” Never sign any documents or release forms without consulting your attorney. Insurance companies may use these to close your case quickly and pay out a much smaller settlement than you deserve.
When to Call a Lawyer
If you’ve been in an accident and feel overwhelmed by the insurance company’s tactics, it’s time to call an experienced attorney. At Eric Ramos Law, PLLC, we specialize in helping accident victims navigate the complexities of insurance claims, ensuring you get the compensation you deserve.
Contact us today for a free consultation at (210) 404-4878, or visit our Contact Us page to get started.
Insurance Adjuster Tactics vs. How to Respond: A Quick Guide
| Adjuster Tactic | What the Adjuster Wants | Your Response | Why This Works |
| Asking Leading Questions | To get you to downplay your injuries or liability. | “I’m not in a position to answer that right now. I recommend you contact my attorney for all details.” | Prevents you from accidentally providing information that could harm your claim. |
| Pressuring You to Settle Quickly | To get you to accept a low settlement offer early on. | “I’m not ready to discuss a settlement until I’ve fully assessed my injuries and consulted with my lawyer.” | Ensures you don’t settle for less before understanding the full extent of your injuries and damages. |
| Recording Your Statement | To use your words against you later in the claims process. | “I prefer not to provide a recorded statement without speaking to my attorney first.” | Protects your rights by preventing the adjuster from using your own words against you. |
| Asking About the Accident’s Details | To get you to admit fault or downplay the accident’s severity. | “I’m still reviewing the details with my attorney and will have them speak with you about the facts of the case.” | Helps avoid any admissions of fault, which can affect your settlement or claim eligibility. |
| Trying to Get You to Sign a Release Form | To close the claim quickly, often for a low payout. | “I’m not comfortable signing any forms until I’ve discussed them with my lawyer.” | Prevents you from signing away your rights or agreeing to a low settlement without proper review. |
| Offering a Quick “Fast Cash” Settlement | To settle the case quickly with minimal payout. | “I need time to review my injuries and any potential long-term effects before agreeing to anything.” | Ensures you don’t accept a settlement before you fully understand your injury’s long-term impact. |
FAQs: Common Questions About Dealing With Insurance Adjusters
Q: Can an adjuster offer me a settlement before I speak to a lawyer?
While they can offer a settlement, it’s often much lower than what you deserve. Always consult with an attorney before accepting any offer.
Q: Should I provide a recorded statement to the adjuster?
No, you are not required to give a recorded statement to an adjuster. Always refer them to your attorney for this.
Q: What happens if the adjuster pressures me for a quick settlement?
This is a common tactic. If this happens, tell the adjuster that you’re not ready to settle until you’ve fully assessed your injuries and spoken with your attorney.
Conclusion: Protect Your Rights With Eric Ramos Law, PLLC
Knowing how to handle an insurance adjuster’s call can make all the difference in the outcome of your injury case. Use the scripts provided to ensure you don’t fall into common traps set by insurance companies. If you’re unsure how to handle the claims process, reach out to Eric Ramos Law, PLLC, for experienced legal assistance. Our team is here to protect your rights and fight for the compensation you deserve.