After an accident, an insurance adjuster will almost certainly contact you, sometimes within hours. They'll sound sympathetic, helpful, and reasonable. They'll say they just want to "understand what happened" and "get you taken care of quickly."
Don't be fooled. Their job is to minimize the amount their company pays. Every question they ask, every statement they record, and every document they request is designed to reduce or eliminate your claim.
Here's what you need to know to protect yourself.
The Most Common Insurance Tactics and How to Counter Them
Tactic 1: The Early Settlement Offer
Shortly after an accident, an adjuster may offer you a quick cash settlement. It feels generous in the moment. But it's almost always far below what your case is worth, and designed to be accepted before you understand the full extent of your injuries. Once you sign a release, you can never go back for more, even if you need surgery six months later. Never accept a settlement without consulting an attorney.
Tactic 2: The Recorded Statement Request
Adjusters will ask for a recorded statement under the guise of "getting your side of the story." They'll ask open-ended questions designed to get you to minimize your injuries ("How are you feeling today?"), admit partial fault ("Were you distracted?"), or say something inconsistent with your medical records. You are not legally required to give a recorded statement to the other party's insurer. Politely decline until you have an attorney.
Tactic 3: Delaying the Claim
Insurance companies know that financial pressure builds over time. If they delay long enough, many injured people accept a low offer just to get some cash flowing. Document all communications with dates and times, and be aware of your state's statute of limitations. An attorney can put pressure on the insurer to move the claim forward.
Tactic 4: Disputing the Extent of Your Injuries
Insurers will request your medical records and look for any prior conditions, gaps in treatment, or statements that can be used to argue your injuries are exaggerated or pre-existing. This is why consistent, documented medical treatment is critical. Every gap in your treatment history is an opportunity for the insurer to argue you weren't really that hurt.
Tactic 5: Blaming You for the Accident
New Jersey uses a modified comparative negligence standard. If the insurer can prove you were more than 50% at fault, you collect nothing. Even if you're found only 20% at fault, your recovery is reduced by 20%. Adjusters look for any opportunity to shift blame, which is why you should never admit fault or apologize at the scene.
Tactic 6: Monitoring Your Social Media
Insurance companies will look at your Facebook, Instagram, and other social media accounts looking for photos, check-ins, or posts that suggest you're not as injured as you claim. A photo of you smiling at a family gathering, even while in significant pain, can be used against you. During your claim, keep your accounts private and avoid posting about your activities or injuries.
What You Should Do When Dealing with Insurers
- Notify your own insurer about the accident as soon as possible; it's typically required by your policy
- Get a claim number and the name of your adjuster for every interaction
- Keep written records of all calls, emails, and letters with dates, times, and what was discussed
- Send important communications in writing so there's a record
- Follow all medical treatment recommendations and keep all appointments
- Hire an attorney before giving any recorded statement or signing any documents
What You Should NOT Do
- Give a recorded statement to the at-fault party's insurer without an attorney
- Sign any medical release forms that give broad access to all your medical history
- Post anything on social media about the accident, your injuries, or your activities
- Communicate with the at-fault driver directly
Why Having an Attorney Changes Everything
When you have legal representation, insurers know they can't play the same games. Attorneys know the value of your case, can access evidence insurers ignore, and can take the case to trial if necessary. Studies consistently show that injured claimants with legal representation receive significantly higher settlements than those without. At our firm, you pay nothing unless we win.
How an Attorney Deals with Insurers on Your Behalf
When you hire the Law Office of Bilal A. Jaloudi, insurers are legally required to direct all communications through us. We handle every aspect of the claims process including:
- Investigating the accident and gathering evidence before it disappears
- Obtaining and reviewing all medical records and bills
- Negotiating aggressively for a fair settlement
- Filing suit and taking the case to trial if the insurer refuses to pay fairly
We never accept a settlement without your full approval, and we will always tell you honestly what we think your case is worth and whether a given offer is fair.
Insurance Company Giving You the Runaround?
Let us deal with them. We know their tactics and how to counter them. Call today for a free, no-obligation case review.