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Dealing With Insurance Adjusters After a Utah Crash

The adjuster sounds friendly, but their job is to pay you as little as possible. Here’s how to protect yourself.

General information, not legal advice.

You’re not required to give a recorded statement

The at-fault driver’s adjuster will often ask for a recorded statement right away. You’re generally not required to give one, and early statements, made before you know the extent of your injuries, are routinely used to shrink settlements. It’s fine to decline until you’ve gotten advice.

Beware the fast, low offer

A quick check in the first days can be tempting, but injuries like whiplash and concussions often surface later, and once you accept, the claim is usually closed for good. Don’t settle before you know the full cost of your recovery.

Keep it factual, or let someone handle it

You do need to notify your own insurer promptly, but keep it factual and avoid speculating about fault or injuries. The simplest protection is to let an attorney communicate with the insurers for you, so nothing you say gets used against your claim.

Who the adjuster works for

The adjuster who calls from the other driver’s insurance company is paid to close your claim for as little as possible, as quickly as possible. That is not a character flaw; it is the job. The friendliness is real and so is the goal. Everything you say is noted, and anything that can be read as uncertainty about fault or as minimizing your injuries will be read that way.

Your own insurer is different. Your policy requires you to cooperate with it, including giving a statement if asked, and it is the company that pays your PIP benefits and any uninsured or underinsured motorist claim. Be truthful and factual with it. Just remember that on a UM/UIM claim your own insurer is, for that claim, on the other side of the table.

The tactics, and the answers

The recorded statement: you are not required to give one to the other driver’s insurer. Decline politely. The quick check: an early offer of a few hundred or a few thousand dollars, before you know what your injuries are, in exchange for a release that ends your claim forever. Decline. The blanket medical authorization: a form that lets the insurer pull your entire medical history, looking for anything to blame your symptoms on. Do not sign it; your attorney will provide the records that are actually relevant. The fault question, asked casually: “you didn’t see them either, right?” Give facts, not opinions.

Social media is part of the file. A photo of you at a barbecue the week after the crash will be presented as proof you were fine. Post nothing about the crash, your injuries, or your activities until the claim is resolved. Once you hire an attorney, a letter of representation goes to the insurer and the calls to you stop; from then on, everything runs through your lawyer.

Key takeaways

  • You can decline the other insurer’s recorded statement.
  • Don’t accept a fast offer before you know your full injuries.
  • Notify your own insurer, but keep it factual.
  • Letting a lawyer handle communications protects your claim.

Frequently asked questions

Do I have to give a recorded statement?
Not to the other driver’s insurer. You may have to give a statement to your own insurer under the cooperation clause of your policy. In either case, stick to facts: date, time, location, vehicles involved, and that you are being evaluated for injuries.
What should I do if I already gave a statement?
Do not give another one, and do not sign anything. Write down what you remember saying while it is fresh, and get a free consultation. An early statement is a problem that can usually be managed; a signed release is not.

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