Talking to an insurance adjuster: what not to say

Within days of an accident, you will likely get a call from the other side's insurance adjuster. They will be polite and sympathetic. It is important to remember what they are: a trained professional whose job is to resolve your claim for as little as possible. What you say in that first call can quietly shape everything that follows.

You are not required to give a recorded statement

Adjusters often ask to record a statement 'just to document the claim.' You are generally under no obligation to give one to the other party's insurer, and doing so before you have legal advice can hurt you. A recorded answer given in pain, on medication, or before your injuries have fully surfaced can be used against you later.

Be especially careful about these

• Do not admit or speculate about fault.
• Do not describe your injuries as minor or say you feel fine — many injuries surface days later.
• Do not accept a quick settlement offer before you know the full extent of your injuries.
• Do not sign a medical authorization giving broad access to your entire history.

What you can safely do

You can confirm basic facts — that an accident occurred, the date, and that you are seeking treatment — and then say you will follow up. The safest move is to let an attorney handle communications with the insurer. Once you are represented, the adjuster deals with your lawyer, not with you at a vulnerable moment.

The bottom line

The insurer started building its file the day of your accident. You are allowed to protect yourself just as carefully. When in doubt, say little, and get advice before you say more — it costs nothing to ask.

This guide is general information about New York law, not legal advice, and does not create an attorney-client relationship. Deadlines and statutes change and every case is different — speak with an attorney about your specific situation.