The Insurance Adjuster Called. Now What?
Within days of an accident, you’ll likely receive a phone call from an insurance adjuster. They may sound friendly and sympathetic, even concerned about your well-being. Do not be fooled. Insurance adjusters are not on your side. Their job is to protect the insurance company’s bottom line — and that means paying you as little as possible, or nothing at all.
Understanding who adjusters are, how they operate, and what protections California law gives you is essential to preserving your personal injury claim.
What Is an Insurance Adjuster’s Job?
An insurance adjuster (also called a claims representative) is an employee or contractor of the insurance company. Their primary function is to investigate claims and minimize payouts. They are trained professionals who handle hundreds of claims every year. They know the tactics that work to devalue or deny claims — and they will use those tactics on you.
Common adjuster tactics include:
- Calling immediately after the accident before you’ve spoken to an attorney
- Asking leading questions designed to get you to minimize your injuries or admit partial fault
- Requesting a recorded statement to lock you into an early version of your story
- Making a quick, lowball settlement offer before you know the full extent of your injuries
- Using your social media posts to undermine your claim
Never Give a Recorded Statement Without an Attorney
One of the most dangerous things you can do after an accident is give a recorded statement to an insurance adjuster. Adjusters are skilled at framing questions in ways that elicit answers that can later be used against you.
For example, if asked “How are you feeling today?” and you say “I’m okay,” that can later be cited as evidence that your injuries were not serious. If asked about the accident and you say “I didn’t see the car coming,” that can be used to suggest you were not paying attention.
Do’s and Don’ts When Dealing with Adjusters
✅ DO
- Get the adjuster’s name, contact info, and claim number
- Tell them you are seeking legal advice before making any statements
- Report the accident to your own insurer promptly
- Keep records of all communications
- Continue all medical treatment as prescribed
❌ DON’T
- Give a recorded statement to the other driver’s insurer
- Accept any settlement offer without consulting an attorney
- Discuss fault, speed, or the accident details in depth
- Post about your accident or injuries on social media
- Sign any medical authorization forms they send
Never Accept the First Settlement Offer
Insurance adjusters are often authorized to make quick, low settlement offers. These early offers are almost always far below the true value of your claim. Why? Because they’re made before you’ve finished medical treatment, before the full extent of your injuries is known, and before an attorney has evaluated your case.
“The first offer an adjuster makes is almost never the best offer. It’s an opening bid designed to close your claim cheaply. Once you accept and sign a release, you can never go back for more — even if your condition worsens.” — Ike Orjiakor, Personal Injury Attorney
California Insurance Code Protections
California has strong laws protecting accident victims from abusive insurance practices. Under California Insurance Code § 790.03, insurance companies are prohibited from engaging in unfair claims settlement practices, including:
- Misrepresenting the facts or policy provisions of a claim
- Failing to acknowledge and respond to claims promptly
- Failing to adopt reasonable standards for investigating claims
- Not attempting to settle claims in good faith when liability is clear
- Compelling claimants to litigate by offering unreasonably low amounts
These are considered acts of insurance bad faith. If an insurer engages in these practices, they may face not only the value of your underlying claim but also additional damages and attorney’s fees.
When to Get an Attorney Involved
You should contact a personal injury attorney as soon as possible after an accident — ideally before speaking with any insurance adjuster. An attorney can:
- Handle all communications with insurers on your behalf
- Prevent you from making statements that harm your claim
- Ensure your claim is properly documented and valued
- Negotiate aggressively for a fair settlement
- File a lawsuit if the insurer refuses to negotiate in good faith
Frequently Asked Questions
Do I have to give a recorded statement to the insurance adjuster in California?
You are generally not legally required to give a recorded statement to the other driver’s insurance company. However, your own insurance policy may require you to cooperate with your insurer’s investigation, which can include providing a statement. Even in that situation, you have the right to have an attorney present. Before giving any recorded statement to any insurer after an accident, consult a personal injury attorney to understand your rights and protect your claim.
What if the insurance company is offering me a quick settlement? Should I take it?
Be very cautious about accepting a quick settlement offer from an insurance company. Early offers are typically made before the full extent of your injuries is known, and they are designed to close your claim cheaply. Once you sign a settlement release, you generally cannot pursue any additional compensation — even if your injuries turn out to be more serious than initially apparent. Always have a personal injury attorney review any settlement offer before accepting it.
What is insurance bad faith in California?
Insurance bad faith occurs when an insurance company unreasonably denies, delays, or undervalues a legitimate claim in violation of California Insurance Code § 790.03 and related case law. Bad faith can include failing to investigate a claim promptly, misrepresenting policy provisions, or making unreasonably low settlement offers when liability is clear. Victims of bad faith insurance practices may be entitled to extra-contractual damages beyond the value of their underlying claim, including punitive damages in egregious cases.
Don’t Face the Insurance Company Alone
Insurance adjusters are professionals paid to protect the insurer. You need someone in your corner. Attorney Ike Orjiakor will handle all adjuster communications and fight to get you the full value of your claim. Call now for a free consultation.