The phone rings a day or two after your crash. It's the other driver's insurance company. The adjuster is warm, concerned, easy to talk to. They just need "a quick recorded statement to process your claim."
Stop right there.
That adjuster is good at their job, and their job is not helping you. It's closing your file for as little money as possible. The recorded statement exists to lock in your words before you know how hurt you are. Say "I'm fine, just sore" on day two, and that sentence will follow your claim forever, even if your back needs surgery in month three. The fast, friendly first offer works the same way. It shows up before you know what your case is worth, because that's exactly when you're most likely to take it.
Adjusters aren't bad people. But they work for the insurance company, not for you. So treat the call like what it is.
What to say and what to skip
Your own insurance company
You generally must report the crash to your own insurer, and quickly. Cooperate with them. Give the basic facts. You paid for that coverage; use it. Even so, stick to facts and keep guesses out of it.
The other driver's insurance company
You generally do not have to give them a recorded statement. It's okay to be brief and polite: confirm your name, confirm the crash happened, and tell them your claim details will come later. Then stop talking.
Never say these things
- "I'm sorry" or anything that sounds like taking blame
- "I'm fine" or guesses about your injuries
- Guesses about speed, distance, or timing
- Anything on a recording for the other side
Never sign these things
- A medical records release that lets them dig through your whole history
- A settlement release before you know what your case may be worth
- Anything you don't fully understand
About that first offer
A fast offer tells you something. It usually means the insurer sees real exposure and wants out cheap. You don't have to answer an offer on the spot, and there's no prize for settling fastest. What you should do is check the number. Accident victims with legal representation receive settlements nearly 3.5 times higher than those without, according to a 2014 Insurance Research Council study. That's a national average, not a promise about your case, and prior results do not guarantee a similar outcome. But it tells you how much room these first numbers usually have.
Keep the clock in mind too. Most New York injury lawsuits generally must be filed within 3 years, some claims much sooner. Your deadline may be different. That is exactly why you should get advice now, not later. Slow-walking your claim until your options run out is an old adjuster trick.
Get advice before the adjuster calls again
Here's a simpler way to handle the adjuster: know your position first. Call us for free. We'll go over what happened, what your case may be worth, and what to say when they call back. If you want a lawyer to take over those calls completely, we'll connect you with an independent New York attorney who charges no fee unless they win for you. Either way, the next time your phone rings, you'll be ready.
Questions New Yorkers ask us
Do I have to give the insurance company a recorded statement?
Your own insurer, cooperate with and give the basic facts. The other driver's insurer, you generally do not have to give a recorded statement at all. Be brief, be polite, and stop talking.
Should I accept the first settlement offer?
Not before you know your range. A fast offer usually means the insurer wants out cheap, and once you sign a release, it's over. Learn what builds a case's value first.
What if I already gave a statement or posted about the crash?
Don't panic, and don't add to it. What's said is said, but what happens next still matters. Follow the after-a-crash steps you still can, and get advice before you say anything more.
The adjuster will call again. Be ready. Get your free case review or call (347) 526-1246. A real person answers, 24/7.
