The moments following a car accident or a personal injury are often a blur of adrenaline, confusion, and stress. Just as you are beginning to process the damage, the phone rings. It’s a friendly voice from the insurance company. They ask how you’re doing, tell you they want to get things moving quickly, and ask for a few details about what happened.
It sounds helpful. It sounds like they are on your side. But at Anapol Weiss, we want you to know the truth: The insurance adjuster is not your friend.
An insurance adjuster’s primary job is to save their company money. They are highly trained professionals who know exactly how to lead a conversation toward a result that minimizes your payout. One wrong sentence, even one said out of politeness, can significantly reduce the value of your personal injury claim or even lead to a total denial.
To protect your rights and your recovery, here are the five things you should never say to an insurance adjuster, and the legal reasons why they are so dangerous.
1. I’m Sorry or It Was My Fault
In our daily lives, we often say I’m sorry out of habit or politeness. If someone bumps into us at the grocery store, we might apologize. After a car accident, you might feel bad that the other person is shaken up and say, I’m so sorry this happened.
Why it’s dangerous: In the eyes of an insurance company, I'm sorry is a legal admission of liability. Even if the other driver was clearly at fault, perhaps they were speeding or ran a red light, your apology can be used to shift a percentage of the blame onto you.
Pennsylvania follows a modified comparative negligence system. Under state law, an injured person can recover compensation only if they are less than 51 percent at fault for the accident. If you are found partially responsible, your compensation is reduced by your percentage of fault. For example, if you are deemed 20 percent responsible, your recovery is reduced by 20 percent. If you are found 51 percent or more at fault, you cannot recover damages at all.
Because of this, it is important not to speculate about what caused the crash or accept blame at the scene. Stick to the facts when speaking with police, and allow the physical evidence, witness statements, and official accident report to determine fault.
2. I’m Fine or I’m Not Hurt
This is perhaps the most common trap. When an adjuster calls a day after the accident and asks, How are you feeling today? most people instinctively reply with I'm fine or Not too bad.
Why it’s dangerous: Right after an accident, your body is flooded with adrenaline, which can mask serious pain. Many common injuries, such as whiplash, concussions, or soft tissue damage, do not show symptoms for days or even weeks.
If you tell an adjuster I'm fine on Tuesday, but go to the doctor on Friday because your neck is stiffening up, the insurance company will point to your earlier statement. They will argue that your injuries either aren't serious or were caused by something else that happened between Tuesday and Friday.
Better Response: I am still receiving medical evaluation and treatment. I will provide a full update once my doctors have completed their assessment.
3. I Think... or I Guess... (Speculation)
Insurance adjusters will often ask very specific questions:
- How fast were you going?
- How far away was the other car when you first saw it?
- Exactly what time did the impact happen?
It is human nature to want to provide an answer, so many victims guess. They say, I think I was going about 35 or I guess he was 50 feet away.
Why it’s dangerous: Guesses are almost always inaccurate. If you guess your speed was 35 mph, but the black box data from your car shows you were going 38 mph, the adjuster will use that lie to destroy your credibility. They will claim that if you were wrong about your speed, you are likely wrong about the other driver’s actions as well.
If you don't know an answer with 100% certainty, I don't know or I don't recall exactly is the only safe answer.
Similar Post: Injured by a Distracted Driver in Philadelphia? Here's How to Recover Compensation
4. Yes, You Can Record My Statement
The adjuster might say, To help process this claim faster, I just need to get a quick recorded statement from you. It’s just a formality.
Why it’s dangerous: You are almost never legally required to give a recorded statement to the other driver's insurance company. These recordings are carefully designed minefields. The adjuster may ask leading questions intended to trip you up or get you to contradict yourself.
Once your voice is on that recording, it is permanent evidence. It can be transcribed and picked apart by defense attorneys later. You have the right to decline a recorded statement and instead offer a written statement prepared with the help of your attorney.
5. I’ll Accept That Offer
If you are facing mounting medical bills and a totaled car, a check for $5,000 or $10,000 can seem like a lifesaver. Adjusters often push quick settlements within days of an accident, before you’ve even finished your first round of physical therapy.
Why it’s dangerous: Once you accept a settlement and sign a release form, your case is closed forever. You cannot go back six months later and ask for more money because you found out you need surgery.
Lowball offers are a tactic used to close the file before the true cost of your injuries is known. A fair settlement should cover not just your current bills, but your future medical needs, lost wages, and pain and suffering.
What SHOULD You Say?
Being cooperative is important, but being guarded is essential. If an insurance adjuster calls you, keep the conversation brief and strictly factual:
- Provide the Basics: Your name, address, and phone number.
- The Incident Details: The date, time, and location of the accident.
- The Vehicles: The make and model of the cars involved.
- The Witnesses: The names and contact info of anyone who saw the crash.
Then, end the conversation. You can politely say: I am not prepared to discuss the details of the accident or my injuries at this time. I am consulting with legal counsel, and they will be in touch with you shortly.
Why You Need Anapol Weiss in Your Corner
Navigating a personal injury claim is like playing a game where the other side knows all the rules and you don't. At Anapol Weiss, we level the playing field.
When you hire our firm, we take over all communication with the insurance companies. You won't have to worry about saying the wrong thing because you won't have to talk to them at all. We handle the adjusters, the evidence, and the negotiations so you can focus on what matters most: your health and your family.
Our attorneys have recovered billions of dollars for victims of negligence. We know the tactics insurance companies use, and we know how to beat them.
Similar Post: The Role of a Personal Injury Lawyer in Traffic Collision Cases
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Contact Anapol Weiss today to schedule your free consultation. Let us be your voice against the insurance companies.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
