Content reviewed by:
Alex Shulman
Dealing with insurance adjusters after your accident can be confusing and frustrating. When you are injured and trying to recover, it can be especially overwhelming. Insurance adjusters have one goal: to save the insurance company money. They can use whatever you say against you to protect their bottom line.
A personal injury lawyer is familiar with their tactics and can speak to them on your behalf, all while protecting your rights throughout the claims process.
How Insurance Adjusters Handle Claims
An insurance adjuster is the company’s investigator and negotiator. They work for the insurer, not for you, and their job is to resolve claims quickly and inexpensively. That means their interests are directly opposed to yours when you’re attempting to recover money from your insurance claims.
The role of an insurance adjuster typically includes:
- Conducting claim intake and investigation
- Serving as primary point of contact for injury victims
- Evaluating of physical injuries and damages
- Interviewing relevant parties to assess the degree of damage
- Calculating settlements and negotiate payments
While adjusters are usually polite and professional, keep in mind that they are trained negotiators. Everything you say can be used to minimize or deny your claim. Dealing with insurance adjusters after an accident requires a plan, and how you negotiate with an insurance adjuster can alter your results. Shulman & Hill is here to help New Yorkers approach the conversations strategically so you maintain control over your claim, not the insurance carrier.
“At Shulman & Hill, we’ve seen firsthand how insurance companies use early conversations with injured individuals to minimize or deny valid claims. One of the most common mistakes clients make is speaking to an insurance adjuster before consulting an attorney. Adjusters may seem friendly, but their goal is to protect the insurer, not the injured party. Many clients unintentionally say things that are used against them later, such as downplaying their injuries, guessing about what happened, or accepting partial blame.”
Alex Shulman, Founding Partner & General Counsel
How to Negotiate with an Insurance Adjuster
Insurance adjusters are trained to protect their company’s bottom line, which means some may use bad faith insurance tactics, like shifting blame, minimizing your injuries, or offering less than your claim is worth. Use these practical tips for dealing with insurance adjusters to protect yourself and your settlement result.
Do Not Admit Fault for the Accident
Never apologize or suggest you caused the crash. Even a quick apology can be twisted into an admission, so stick to the facts and avoid recorded statements until you’ve spoken to your lawyer.
Avoid Speculation About Fault
Don’t try to guess who caused the accident. Avoid pointing fingers and let the evidence speak for itself. Speculation can damage your credibility and weaken your case.
Do Not Disclose Your Current or Prior Medical Conditions
When asked how you’re feeling, don’t say “I’m fine.” Adjusters may use that or information about past medical conditions to argue against the severity of your injuries or claim they were preexisting. Focus on getting medical care instead of discussing your health with the insurer.
Do Not Release Your Medical Records
Never give the insurance company access to your full medical history. Adjusters may comb through your records to find unrelated conditions and argue that your injuries weren’t caused by the accident. Only share records that your lawyer approves to protect the strength of your claim.
Follow Your Doctor’s Orders
Attend every appointment and follow your treatment plan. If you skip care, the insurer may argue you aren’t truly hurt. Staying consistent helps confirm the severity of your injuries and the need for continued care.
Be Wary of Lowball Settlement Offers
While a fast offer is tempting, it usually means it’s too low. Early settlements rarely cover long-term costs like ongoing treatment. Review all offers with your attorney before signing, especially since most come with a release that cuts off your rights after settling.
Do Not Be Afraid to Negotiate With the Insurance Adjuster
You don’t have to accept the first number. Adjusters expect negotiation, and working with an experienced lawyer makes it easier to push back for fair compensation.
How to Challenge an Adjuster’s Evaluation and Final Report
When the offer is too low or the write-up feels too one-sided, you’re not stuck. An adjuster’s final report typically summarizes fault, lists the injuries and treatment they accept as related, calculates medical and wage losses they’ll recognize, and assigns a settlement value based on those conclusions. If any of that is wrong or incomplete, you can and should challenge it.
- Formally Request a Copy of the Full Report
Ask for the complete report, notes, and all supporting documents. Keep everything in writing and save confirmations. - Meticulously Review the Report for Errors and Omissions
Check accident facts, coverage details, and any statements attributed to you. While doing so, flag missing treatment, mischaracterized injuries, preexisting condition assumptions, and undervalued wage estimations. - Gather and Organize Counter-Evidence
Compile medical records, doctor letters, updated bills, treatment plans, diagnostic imaging, and pharmacy logs. Add proof of inaccurate wage estimations with pay stubs, employer letters, and any new witness statements, photos, or videos. Create a simple index compiling the evidence and label exhibits for easy reference. - Submit a Detailed Rebuttal Letter and Counter-Demand
Correct each error with your exhibits, making sure to explain causation, necessity of care, and future medical needs. Then, submit a counter-demand that reflects full medical costs, wage replacement, and pain and suffering with a reasonable response deadline.
This is often the point when negotiations with insurance adjusters crumble and become contentious. Having Shulman & Hill lead this process keeps the record accurate, the evidence organized, and the pressure on the carrier to negotiate fairly.
Hire a Personal Injury Attorney to Handle Insurance Adjusters
No matter how your injury happened, you shouldn’t have to wrestle with an insurer while you’re trying to heal. When you’re dealing with insurance adjusters after an accident, what you say matters, and the strategy behind how to negotiate vastly alters your outcome. Shulman & Hill steps in to protect your rights, organize the evidence, push back on lowball offers, and pursue the full value of your claim.
Call Shulman & Hill today at 212-221-1000 or contact us online for a free consultation.
