How to Handle Insurance Adjusters After an Accident

Most personal injury cases are paid out by an insurance company. Whether it’s a homeowner’s insurance policy, a car insurance policy, or a commercial liability policy, your slip and fall, car accident, or other type of personal injury claim will almost certainly go through insurance. This means that you will have to deal with an insurance adjuster.

Claims adjusters work for the insurance company, which means that they are representing their employer’s best interests…not yours. If you want to try to resolve your claim on your own, you should be aware of the tactics that adjusters may use and be wary of any attempt to resolve the claim for less than full value. The best way to get maximum compensation for your losses is by working with our Long Island personal injury lawyers.

The Odierno Law Firm Accident and Injury Lawyers help clients in Nassau and Suffolk Counties in New York get the money that they deserve for their injuries. We will handle every aspect of your dealings with the insurance company for you, working tirelessly to get justice for you. Contact our law offices today to schedule a free consultation with a Long Island personal injury attorney.

How to Deal with a Claims Adjuster After an Accident

If you’ve never been in a car accident or other type of accident before, you might not be familiar with the process. Generally, personal injury claims are paid out by insurance companies. For example, if you suffer a dog bite, then the dog owner’s homeowner’s insurance policy will pay for your injuries.

When a claim is filed, the insurance company will assign an adjuster to handle the case. The adjuster will gather evidence and make a determination as to the value of your claim. This is usually done by plugging information into a computer program to come up with a number.

In any case involving injuries, your best option is to work with an experienced personal injury lawyer who can handle the process for you. But if you want to try to handle the case on your own, we have some tips for how to deal with the insurance adjuster.

Understand the Role of the Insurance Adjuster

An insurance adjuster’s job is to evaluate a personal injury claim to decide how much an insurance company should pay for the loss. Insurance adjusters work for the insurance company, not for you. Even if they act like they’re on your side, it is important to remember that they do not represent your interests.

Claims adjusters have several duties, including:

• Receiving and processing personal injury claims
• Acting as the point of contact for an accident victim during the claims process
• Review the accident victim’s claimed losses, including medical expenses and property damage
• Investigate the claim by interviewing witnesses, reviewing photos and videos, requesting police reports, and working with experts
• Calculate potential settlements, typically by using a computer program
• Negotiate settlements

The single most critical thing to remember when dealing with an insurance adjuster is that they perform their job with a specific purpose: to find a way to pay out as little as possible for your claim. They also want to settle claims quickly.

To achieve these goals, an adjuster may contact you repeatedly and ask you to make a statement or sign some paperwork. They may even tell you that the insurance company takes full responsibility and offer you a settlement. You should be very, very careful about talking to a claims adjuster or signing any paperwork.

While you might feel pressure when dealing with an adjuster, remember that you are not required to talk to the at-fault party’s insurance company. You do not have to accept whatever money they offer you. In fact, you can request a settlement that you believe to be fair.

Recognize Insurance Company Strategies

Insurance companies are in business to make money. It turns out that this work is incredibly profitable.  The property and casualty insurance industry had a record $169 billion in profits in 2024, including both auto insurance and homeowner’s and renter’s insurance.

Insurance companies achieve these massive profits by minimizing the amount that they pay out on claims, or even denying them outright. They use several tactics to do this, including:

• Delaying claims by not calling claimants back or taking extra time to respond. This often puts accident victims up against the 3-year statute of limitations for personal injury claims in New York. Alternatively, claimants might just get frustrated and accept a lowball settlement offer.
• Asking you to give a statement. While this may seem like a normal part of the investigation, the purpose is to get you to say something that could be used to reduce the value of your claim. For example, if you admit that you weren’t paying attention or were driving a bit above the speed limit, then they might argue that you were partially at fault for the accident and, therefore, your recovery should be reduced.
• Ask you to sign some documents to get your medical records. While reviewing medical records is necessary to determine the extent of your losses, these releases are often far broader than they need to be. Allowing the insurance company to dig into your medical history gives it the chance to argue that you had a pre-existing condition.
• Tell you that the insurance company accepts full responsibility. While this may seem like a good thing, the reality is that it may lull you into complacency. It may cause you to accept a settlement that doesn’t fully cover your losses because you think that the insurance company is paying you what they owe. Accepting full responsibility does not mean that they will pay you what they owe you.
• Make a lowball settlement offer. If you accept the offer, then you might not have enough money to cover your losses.
• Ask you to sign a settlement agreement without talking to a Long Island personal injury attorney first. Settlement agreements contain a release provision, whereby you are giving up your right to sue. This means that you are stuck if you later find out that your losses are much more significant than you thought.
• Advise you not to hire a lawyer. Insurance companies know that people who are represented by counsel recover significantly more money than people who don’t have an attorney. That is why they may tell you that you don’t need a lawyer, because they know that they can probably get away with paying you less money.

If you do talk to an adjuster, be very cautious about what you say and do. Never admit fault and do not sign anything until you have talked to a lawyer.

Reject Lowball Settlement Offers

Insurance adjusters will often offer you a settlement pretty quickly after an accident. This can seem like a great thing, because you might be struggling financially and worried about paying your medical bills and other expenses. Unfortunately, these early settlement offers are almost always for far less than the true value of your case.

Any settlement should include money for:

• Economic damages, including property damage, medical bills, future medical treatment, lost wages, and reduced earning capacity; and
• Non-economic damages such as pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. 

In cases involving intentional or reckless conduct (like a drunk driving accident), you may also be entitled to punitive damages.

Insurance companies tend to focus heavily on economic damages while minimizing non-economic damages. Take your time to review any settlement offer that you may receive, understanding that the insurance company will almost certainly not offer you full value, especially early in the claims process. If you have any questions, you should consult with a Long Island personal injury attorney.

Finish Your Treatment Before You Accept a Settlement

It is almost always a bad idea to accept an early settlement offer, in part because you don’t know the full scope of your losses yet. This is particularly true when it comes to your medical expenses, lost wages, and pain and suffering.

For example, if you suffered a herniated disc in a rear-end car accident, you will likely need to go through at least 6 weeks of conservative treatment before your doctor can advise you about surgery. If you have back surgery, it could take months or longer to know exactly how you will be affected. 

If you accept a settlement for a herniated disc before you have completed treatment, you might not get all of the money that you deserve. You might have long-term limitations on your ability to work or deal with pain for years to come. This can leave you without enough money to pay for your expenses.

If you are determined to handle your claim on your own, you should insist that you finish treatment before discussing a settlement. Of course, you still have to be mindful of the statute of limitations. But waiting until you know more about what your losses will be is important when it comes to getting a fair settlement.

Hire an Experienced Long Island Accident Attorney

The best way to deal with an insurance adjuster after an accident is not to deal with them at all. Instead, you should tell them to call your lawyer. Taking this step removes the pressure of trying to do it all on your own and the worry that you will mess up the process somehow.

Dealing with the aftermath of a car accident can be hard. The last thing that you need is the additional stress of trying to resolve your own claim. A lawyer will handle all communications with the insurance company for you. They will also use their skill and knowledge to get you full compensation for your losses.

You don’t have to go it alone after an accident. Our law firm will fight to get you the money that you deserve. We also won’t charge a fee unless we get money for you.

Help for Accident Victims in Suffolk and Nassau Counties

While it is possible to handle your own accident claim, it is rarely advisable. Unless your case involves only property damage, there is a strong likelihood that the insurance company will come out on top. To protect yourself and your interests, you should always talk to a Long Island personal injury lawyer before making any decisions about your claim.

At The Odierno Law Firm Accident and Injury Lawyers, we have helped thousands of New Yorkers get justice for their accident cases. We know exactly how to handle insurance adjusters and what your claim is truly worth. To learn more or to schedule a free initial consultation with a Long Island personal injury attorney, call our law offices at 631-973-6221 or fill out our online contact form.