After an accident, speaking to an insurance adjuster may seem straightforward, but these conversations can significantly impact your claim. Insurance adjusters are trained to minimize payouts, and they may use what you say against you. Koenigsberg & Associates Law Offices has extensive experience helping clients throughout New York City handle insurance claims strategically. To protect your rights and maximize your compensation, here’s what not to say to an insurance adjuster—and how we can help you navigate these discussions.
Be Careful When Speaking with an Insurance Adjuster
Insurance adjusters work for the insurance company, not for you. Their goal is to resolve claims at the lowest possible cost, often by getting claimants to say things that could weaken their cases. They may appear sympathetic and ask seemingly routine questions, but each question is carefully crafted to protect the insurer’s interests.
Adjusters are highly trained to use subtle tactics to get information that can be used to reduce or deny claims. By speaking with Koenigsberg & Associates before engaging with an adjuster, you can avoid common mistakes that could reduce your compensation.
In New York, where car accident claims are particularly complex due to No-Fault insurance laws, speaking carefully is even more critical. An offhand comment, a mistaken detail, or an attempt to be polite can cost you thousands in potential compensation.
Our attorneys at Koenigsberg & Associates understand the tactics used by insurance companies and protect our clients from making statements that may inadvertently harm their claims.
What Not to Say to an Insurance Adjuster
Avoid Speculating About Fault
After an accident, avoid making any statements about who was at fault, even if you feel partially responsible. Saying things like, “I didn’t see them,” or “I might have been going a bit too fast,” can be taken as an admission of fault.
In New York, the principle of comparative negligence allows for compensation even if you share some blame, but statements admitting fault could lead the insurer to reduce or deny your claim. Let Koenigsberg & Associates handle discussions about liability to ensure your words aren’t used against you.
Adjusters may ask leading questions designed to make you speculate about what happened. For instance, they may ask, “Could you have done something to avoid the accident?” or “Do you think you were driving too fast for the conditions?”
Avoid agreeing or disagreeing with these statements and refrain from discussing potential causes. Our attorneys can guide you on handling these tricky questions, ensuring that you don’t inadvertently undermine your case.
Don’t Provide Details About Your Injuries Too Soon
Immediately after an accident, you may not fully understand the extent of your injuries. Some injuries, like whiplash or internal injuries, can take days or weeks to show symptoms. If an adjuster asks if you’re injured and you respond with “I’m okay” or “I don’t think it’s serious,” they may use this to downplay your injuries later.
Instead, keep your statements general, such as saying, “I’m seeking medical treatment,” and consult a lawyer at Koenigsberg & Associates to discuss your medical situation in a way that protects your claim.
Even if you have initial medical reports, we recommend waiting to make any definitive statements about your injuries until you’ve completed your full treatment plan. Sometimes, injuries that seem minor initially can worsen or require long-term treatment.
Adjusters may try to get you to downplay symptoms, so they can later argue that your condition was not as serious as you claim. Our attorneys work with medical experts to ensure that your injuries are documented accurately and thoroughly, preventing adjusters from minimizing your claim.
Don’t Agree to Give a Recorded Statement
Adjusters may ask for a recorded statement, often saying it’s “part of the process” or “required to process the claim.” However, you are not legally obligated to provide one. Recorded statements can be taken out of context or edited to the insurer’s advantage. Even minor inconsistencies or nervous comments in a recorded statement can harm your case.
Politely decline the request and explain that you’ll need to consult your attorney first. At Koenigsberg & Associates, we recommend preparing a statement only if necessary and carefully controlling the information shared.
In New York, a recorded statement could include complex questions regarding state-specific laws, like No-Fault coverage. Without knowing exactly what’s being asked, you might answer in a way that could imply your injuries aren’t severe or imply fault.
Our team ensures that any information shared with the adjuster is well-considered and prevents adjusters from manipulating your words to suit their goals.
Avoid Discussing Specifics of the Accident
When asked to describe the accident, stick to basic facts, such as the date, location, and vehicles involved. Refrain from providing unnecessary details or describing what you “think” happened, as adjusters may twist these statements to suggest you were negligent.
For example, statements like “I didn’t notice the other car” or “I might have been distracted” can significantly weaken your case. Our attorneys at Koenigsberg & Associates advise clients on how to answer factual questions carefully and avoid unintentional self-incrimination.
Insurance adjusters may also ask open-ended questions like, “What was your view like at the time?” or “Was there anything you could have done differently?” These questions can lead to speculation, which can be used against you.
Don’t Accept the First Settlement Offer
Insurance companies often make low initial offers, hoping you’ll accept quickly to settle the case. These offers rarely cover the full cost of medical bills, lost wages, and other damages, especially in severe accident cases. Politely decline any immediate offer and let the adjuster know that you’ll review it with your attorney. Koenigsberg & Associates will help you assess whether the offer is fair, negotiate for a higher amount, or pursue litigation if necessary.
Early offers are often designed to minimize financial exposure for the insurance company. By accepting quickly, you may waive your right to seek additional compensation if new expenses arise or injuries worsen. Our firm evaluates every offer against your full damages, ensuring your rights are protected and that any settlement you consider reflects the true costs of your accident.
Don’t Say “I’m Sorry” or Anything That Implies Guilt
It’s natural to want to apologize after an accident, but saying “I’m sorry” can be seen as an admission of fault. Even if you’re simply being polite, the insurance company may interpret your words as an acknowledgment of liability.
To avoid jeopardizing your claim, avoid making any statements that could be perceived as apologetic or self-blaming. Instead, stay neutral in your responses and consult with Koenigsberg & Associates if you’re unsure how to handle specific questions.
Adjusters may also look for subtle hints of fault in your words, such as saying “I should have been more careful.” These comments, while casual, can be used to imply liability on your part. Our legal team helps clients avoid these pitfalls and maintains control of the narrative to protect your case.
How Insurance Adjusters May Try to Lower Your Claim
Insurance adjusters are skilled at using tactics to reduce or deny claims. They might downplay the severity of your injuries, suggest that your damages are minor, or imply that certain medical treatments are unnecessary.
Adjusters may imply that certain procedures are excessive or that alternative treatments should have been sufficient, which can limit the compensation you receive. They may even pressure you to settle quickly by suggesting that further negotiations won’t increase the offer significantly.
Adjusters are also known to mislead claimants into believing their policies have limited coverage when, in reality, you may be entitled to much more. They may say things like, “Your policy only covers up to this amount,” hoping you’ll accept without questioning.
At Koenigsberg & Associates, we help clients counter these tactics by gathering evidence, consulting medical professionals, and negotiating directly with the insurance company on your behalf. Our attorneys are well-versed in New York insurance policies and know how to ensure that adjusters cannot downplay coverage amounts.
The Benefits of Letting an Attorney Deal with Insurance Companies
Koenigsberg & Associates has represented New York City clients in personal injury cases for decades, and we know how to protect our clients from insurance company tactics. When we handle your case, we communicate directly with the adjusters,
When we handle your case, we communicate directly with the adjusters, ensuring that they only receive carefully vetted information that supports your claim. Our team understands the legal and financial implications of each statement made to the insurer, and we fight to prevent your words from being misconstrued.
By working with us, you minimize the risk of saying something that could harm your claim and improve your chances of a fair settlement. Additionally, we leverage our network of medical and accident reconstruction experts to present a comprehensive view of your damages, which insurance companies find difficult to dispute.
Koenigsberg & Associates works diligently to secure compensation that covers your medical expenses, lost wages, pain and suffering, and future financial needs. From negotiating with insurance companies to preparing for potential litigation, we advocate on behalf of our clients every step of the way. We know the tactics adjusters use and counter them with thorough evidence and strategic negotiation to maximize your recovery.
Frequently Asked Questions
Can I refuse to speak with the insurance adjuster?
Yes, you have the right to refer all communications to your attorney. In fact, we encourage clients to do so, as this prevents any unintentional statements that could harm their claim. Having an attorney speak on your behalf often leads to better outcomes, as we can ensure only necessary, well-considered information is shared with the adjuster.
What should I do if I already spoke with the adjuster?
If you’ve already spoken to an adjuster, don’t panic. Simply contact Koenigsberg & Associates, and we can assess your situation, provide guidance on next steps, and manage all further communications. We’ll review any statements you may have made and, if necessary, correct or clarify points with the insurance company to ensure your claim isn’t compromised.
Do I have to answer the adjuster’s questions?
While you may need to provide basic information, such as your name and contact details, you are not obligated to answer detailed questions. Koenigsberg & Associates can guide you on what information to share and when. We handle the complex aspects of your case and ensure the adjuster receives only information that supports your claim.
Call Koenigsberg & Associates Today!
What you say to an insurance adjuster can have a lasting impact on your claim. To protect your rights and avoid common pitfalls, contact Koenigsberg & Associates Law Offices
Don’t wait to get the legal help you need. Contact Koenigsberg & Associates today at (718) 690-3132 to schedule your free consultation.
