Dealing With Insurance Adjusters: Tactics to Watch For After An Injury

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After an accident, one of the first people you're likely to hear from is an insurance adjusters—often within days, sometimes within hours. They may sound friendly, helpful, even sympathetic. But it's important to understand who they work for and what their job actually is.

Insurance adjusters are not neutral parties. They are employees (or contractors) of the insurance company, and their performance is often evaluated in part on on how effectively they manage claim costs. This doesn't mean every adjusters is acting bad faith—but if does mean claimants should understand the tactics commonly used during the claims process so they can protect their rights.

Who Insurance Adjusters Actually Work For

It's a common misconception that an insurance adjuster's job is to make sure you're taken care of. In reality, adjusters represent the insurance company's financial interests. According to the Insurance Information Institute, claims adjusters are responsible for investigating evaluating, settling claims in a way that is fair—but "fair" is determined through the lens of policy language and company guidelines, not necessarily what would maximize your recovery.

This is true whether you're dealing with:

• The at-fault party's insurance company (third-party claims) - where the adjuster's job is explicitly to minimize what their insured company pays out.

• Your own insurance company (first-party claims) - where, despite your relationship as a policyholder, the adjuster still represents the company's financial interests

Common Tactic #1: The Fast, Friendly Early Call

Adjusters often reach out quickly—sometimes within 24-48 hours of an accident—while you're still dealing with pain, confusion or shock. This isn't necessarily malicious, but the timing matters: you're more likely to say something that downplays your injuries, or agree to a recorded statement before you understand the full extent of your damages.

What to watch for:

• Requests for a recorded statement early in the process

• Casual questions about how you're feeling ("I'm fine" can later be used against you)

• Friendly tone designed to build trust quickly

Common Tactic #2: Requesting a Recorded Statement

Adjusters frequently ask claimants to provide a recorded statement about how the accident happened and the extent of their injuries. While this can sound like a routine part of the process, recorded statements can be used to find inconsistencies or minimize your claim later.

Important to know:

• Your are generally not legally required to provide a recorded statement to at-fault party's insurance company

• Even with your own insurer, it's worth understanding your policy's cooperation clause before agreeing.

• Anything you say—including approximations or guesses—can be scrutinized word-for-word later

Common Tactic #3: The Quick, Lowball Settlement Offer

One of the most well-documented tactics in the industry is offering a fast settlement before the full extent of injuries or damages is known. This can be appealing when medical bills are piling up, but early offers are often calculated using only the information available at that moment—before ongoing treatment, lost wages, or long-term impacts are factored in.

According to research published in the Journal of Risk and Insurance, claimants who settle without legal representation tend to receive significantly lower payouts on average than those who negotiate with professional assistance, even after accounting for attorney fees.

What to watch for:

• Offers made within days or weeks of the incident, before treatment is complete

• Pressure or urgency ("this offer expires soon")

• Framing the offer as generous without context for what your claim may actually be worth

Common Tactic #4: Delaying the Claims Process

Unreasonable delay is a recognized bad-faith tactic in many states, but shorter, "gray area" delays are common too—extra document requests, slow responses, or repeated requests for the same information. Delay can pressure claimants into accepting a lower settlement simply to resolve the financial stress of an unpaid claim.

Most states impose statutory deadlines requiring insurers to acknowledge and respond to claims within a defined period (commonly 15-30 days for initial acknowledgement), though full investigation timelines vary. If your claim seems to be moving unusually slowly without explanation, it may be worth having an attorney review the situation.

Common Tactic #5: Disputing Medical Treatment as "Unnecessary" or "Unrelated"

Adjusters sometimes challenge medical treatment by arguing it wasn't necessary, wasn't related to the accident, or was excessive. This is particularly common with:

• Chiropractic care

• Physical therapy extending beyond a certain number of sessions

• Treatment for soft-tissue injuries, which don't always show up clearly on imaging

• Pre-existing conditions that were aggravated by the accident

What helps counter this tactic: Consistent treatment, clear documentation from your medical providers connecting the treatment to the accident, and avoiding the gaps in case.

Common Tactic #6: Requesting Broad Medical Record Authorization

Adjusters often ask claimants to sign a medical records release authorization. While some access to relevant records is a normal parts of claims investigation, overly broad authorizations can allow the insurer to dig into your entire medical history—including unrelated conditions—looking for anything that could be used to argue your injuries pre-existed the accident or aren't as serious as claimed.

What to watch for:

• Authorization forms with no clear date range or scope limitation

• Requests that go beyond records related to the injury at issue

Common Tactic #7: Using Social Media Against You

It has become standard practice for insurance companies and defense attorneys to review claimants' social media accounts during litigation and claims investigation. Photos or posts—even ones unrelated to your physical condition—can be taken out of context to suggest your injuries are less severe than claimed.

What to watch for:

• A vacation photo used to argue you're not really in pain

• A photo of you smiling used to undercut an emotional distress claim

• Check-ins or activity posts used to dispute limitations you've reported

Common Tactic #8: Shifting or Disputing Fault

Particularly in states with comparative fault rules, adjusters may argue that you bear some percentage of responsibility for the accident, even when liability seems clear. This tactic can significantly reduce a payout, since compensation in comparative fault state is reduced by the claimant's percentage of fault.

What to watch for:

• Leading questions designed to get you to admit partial responsibility

• Reinterpretation of the facts to shift blame

• Citing minor actions (e.g, "you could have braked sooner") as contributing fault

How to Protect Yourself When Dealing With an Adjuster

1. Be cautious with recorded statements.

   You're generally not obligated to provide one to the other party's insurer, and you should not understand your won policy's requirements before agreeing to one with your own carrier.

2. Avoid discussing injury severity casually.

   Statements like "I'm okay" or "It's not that bad" can be used against you later, even if made out of politeness or shock.

3. Don't accept an early settlement offer without understanding the full scope of your damages.

   Once you sign a release, you typically cannot go back for more compensation, even if your injuries turn out to be worse than initially understood.

4. Keep communication in writing when possible.

   Written correspondence creates a clear record and reduces the risk of miscommunication or misquotation.

5. Limit social media activity during your claim.

   Consider pausing posts entirely until your claim is resolved.

6. Understand what you're signing.

   Carefully review any authorization forms before signing, and ask what specific records are being requested and why.

7. Know you don't have to negotiate alone.

   An attorney can communicate with the adjuster on your behalf, which often changes the tone and pace of negotiations considerably.

Why Having an Attorney Changes the Dynamic

Once an attorney is involved, communication with the insurance adjuster typically shifts. Adjusters must direct communication through counsel, statements are made through official channels, and negotiations tend to be evaluated based on the actual value of the claim rather than tactics designed to catch a claimant off guard.

This doesn't mean every claim requires litigation—many are still resolved through negotiation. But having legal representation changes the leverage dynamic considerably, since insurance companies know that unresolved claims involving legal counsel are more likely to proceed to litigation if a fair settlement isn't reached.

Insurance adjusters aren't the enemy, but they aren't your advocate either. Understanding the tactics commonly used during the claims process—from fast friendly outreach to lowball offers to social media scrutiny—helps you protect your rights and avoid costly mistakes.

If you're dealing with an insurance adjuster after an accident and aren't sure how to respond to a request, offer, or line of questioning, it's worth having a conversation with attorney before you say or sign anything you might not be able to take back.

Knowing the playbook is the first step to not becoming a statistic in it.

References

1. Insurance Information Institute. (2023). "How Insurance Claims Adjusters Works." Retrieved from https://www.iii.org

2. National Association of Insurance Commissioners. (2023). "Understanding the Claims Process." Retrieved from https://content.naic.org

3. American Bar Association. (2022). "Dealing With Insurance Adjusters After an Accident." Retrieved from https://www.americanbar.org

4. American Bar Association. (2022). "Recorded Statements in Insurance Claims." Retrieved from https://www.americanbar.org

5. Federal Rules of Evidence, Rule 801 (Statements and Admissions). Retrieved from https://www.law.cornell.edu/rules/fre

6. Insurance Research Council. (2022). "Auto Injury Insurance Claims: Countrywide Patterns in Treatment, Cost, and Compensation." Retrieved from https://www.insurance-research.org

7. Journal of Risk and Insurance. (2019). "Legal Representation and Claim Outcomes in Personal Injury Settlements." Vol. 86, No.3, pp. 621-648.

8. National Association of Insurance Commissioners. (2023). "Unfair Claims Settlement Practices Act." Retrieved from https://content.naic.org

9. State Insurance Codes on Claims-Handling Deadlines. (2023). Compiled Comparative Analysis, National Association of Insurance Commissioners. Retrieved from https://content.naic.org

10. American Medical Association. (2021). Guides to the Evaluation of Permanent Impairment (6th ed.). AMA Press.

11. Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, 45 CFR § 164.508 (Authorization requirements). U.S. Department of Health and Human Services. Retrieved from https://www.hhs.gov

12. American Bar Association. (2023). "Social Media Experience in Civil Litigation." Retrieved from https://www.americanbar.org

13. Restatement (Third) of Torts: Apportionment of Liability §7 (2000). American Law Institute.

14. Dobbs, D.B. (2000). The Law of Remedies (2nd ed.). West Publishing. (Effect of settlement releases on future claims.)

15. American Bar Association. (2022). "The Role of Counsel in Personal Injury Claims." Retrieved from https://www.americanbar.org

DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change regularly and the application of any rule depends on the specific facts of each case. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.