Insurance Adjuster Tactics

After an accident in California, one of the first calls you may receive is from an insurance adjuster. They sound friendly and concerned — like they want to help. But understanding their true role and common tactics is critical to protecting your legal rights. This article reveals the five most common strategies insurance adjusters use and explains how you can protect yourself.

Whether your accident involved a car crash, a truck collision, a pedestrian injury, or another type of personal injury, insurance companies generally operate in similar ways during the claims process. Having this information can help you understand your situation before making any decisions that could affect the outcome of your claim.

Who Is an Insurance Adjuster?

An insurance adjuster is a professional employed by an insurance company to investigate, evaluate, and settle insurance claims. Their primary job is to determine how much the insurance company should pay — and the key word there is “insurance company.”

Adjusters are specially trained to analyze claims, assess the severity of injuries, and employ various negotiation strategies. Their success within the insurance industry is often directly tied to how much money they save the company. This does not mean every adjuster is dishonest, but you should understand that their financial incentives are not fully aligned with yours.

An important distinction:

• Your own insurer’s adjuster — under your policy, you may have a duty to cooperate with your own insurer, though the scope of that cooperation may be limited.
• The other party’s insurer’s adjuster — you generally have no obligation to provide a recorded statement or sign any documents for the other party’s insurance company.

Understanding this distinction is the first step in protecting yourself.

Tactic #1: Quick Contact and Friendly Demeanor

Within days — or even hours — after an accident, you may receive a call from an adjuster. The timing is often calculated — you may still be in shock, in pain, or confused about what happened.

Adjusters are typically very friendly and concerned on the phone. They may say things like “I just want to make sure you’re okay” or “How are you feeling?” This friendly demeanor is designed to lower your guard.

When you answer “I feel fine,” that seemingly harmless response may be recorded and later used to argue that your injuries were not serious. Even if you feel okay on the day of the accident, many injuries — such as soft tissue damage, herniated discs, or even mild traumatic brain injuries — may not produce symptoms for days or weeks.

How to respond:

• Politely tell the adjuster you need time to understand the extent of your injuries
• Do not discuss injury details or the circumstances of the accident over the phone
• Consider consulting an attorney before engaging in any detailed conversation

Tactic #2: Requesting a Recorded Statement

Adjusters frequently ask you to provide a recorded statement, claiming it is “standard procedure” or “a necessary step to speed up your claim.” In most cases, however, giving a recorded statement to the other party’s insurer is not a legal requirement.

The risks of a recorded statement include:

• Even innocent answers can be taken out of context
• Adjusters may ask leading questions designed to elicit admissions that can be used against you
• Statements made before you fully understand your injuries may be inconsistent with later medical records, which can be used to challenge your credibility
• Once recorded, statements generally cannot be retracted or modified

California law does not require you to give a recorded statement to the other party’s insurer. Your own insurance policy may contain a cooperation clause — consult an attorney to understand the specific scope.

Key principle: Before providing any recorded statement, seriously consider consulting an experienced personal injury attorney.

Tactic #3: Quick Lowball Settlement Offers

Shortly after the accident — sometimes before you have even completed all necessary medical treatment — an adjuster may present a settlement amount. This figure is often far below the potential actual value of your claim.

Why do insurers rush to settle?

• To lock in a lower amount before you understand the full extent of your injuries
• To take advantage of the financial pressure you face after an accident — medical bills piling up, inability to work, ongoing expenses
• To avoid paying for potentially higher medical costs and other losses that may emerge in the future

Once you sign a release, you generally cannot pursue additional compensation for the same accident. This means that if your injuries later worsen or require surgery, you may have no further financial recourse.

Under California law, damages you may be entitled to can include:

• Past and future medical expenses
• Past and future lost wages
• Pain and suffering (non-economic damages)
• Future care costs (Civil Code §3333)

Do not rush to accept any settlement offer before you fully understand the scope of your injuries and financial losses.

Tactic #4: Requesting a Blanket Medical Authorization

An adjuster may ask you to sign a blanket medical authorization that allows them to access all of your medical records — not just those related to the accident.

Why is this dangerous?

• They can use your pre-existing medical history to argue that your injuries were not caused by this accident
• Medical information unrelated to this accident — such as mental health treatment records — could be used improperly
• Insurers may use old records from years ago to blur the line between accident injuries and prior issues

You have the right to limit the medical authorization to only records related to this accident. California law protects your medical privacy. If an adjuster insists on a blanket authorization, that itself is a warning sign.

Many experienced personal injury attorneys will help you draft a properly scoped medical authorization that only permits disclosure of records directly related to your accident injuries, while protecting your privacy rights.

Tactic #5: Delaying the Claims Process

Not all adjuster tactics involve active measures — delay itself is a powerful strategy. Insurance companies may:

• Not return your calls or emails
• Repeatedly request additional documents
• Claim that “further review” is needed and put your claim on indefinite hold
• Shuffle your case between different departments
• Frequently change the adjuster assigned to your case

The purpose of delay is to wear you down so that you accept a lower amount or give up on your claim entirely. As time passes, evidence may be lost, witness memories may fade, and your financial pressure may increase.

California law addresses this directly. California Insurance Code §790.03(h) lists unfair claims settlement practices by insurers, including:

• Failing to acknowledge and act upon communications regarding claims within a reasonable time
• Failing to affirm or deny coverage within a reasonable time
• Not attempting fair and equitable settlement when liability is clear

Additionally, California Code of Regulations, Title 10, §2695.7 generally requires insurers to accept or deny a claim within 40 days of receiving proof of claim, unless there is a legitimate reason for additional investigation.

If your claim is being unreasonably delayed, it may constitute a violation of law, and it may be an appropriate time to involve an attorney.

How to Protect Yourself

Now that you understand common adjuster tactics, here are practical steps to protect yourself:

1. Document Everything in Writing

• Communicate with the insurance company in writing (email or letter) whenever possible
• Keep a log of all phone calls with dates, times, and a summary of what was discussed
• Save all documents related to the accident, including medical bills, repair estimates, and proof of lost wages

2. Do Not Sign Anything Without Legal Review

• Do not sign a release, recorded statement consent, or blanket medical authorization unless you fully understand its contents and legal consequences
• If an adjuster pressures you to sign quickly, that is often a warning sign

3. Know Your Rights Under California Law

• You have the right to decline a recorded statement to the other party’s insurer
• You have the right to limit the scope of a medical authorization
• California Insurance Code §790.03 protects you from unfair claims practices
• The statute of limitations for most personal injury cases is two years (CCP §335.1), but do not wait until the last moment

4. Consider Consulting an Attorney Before Engaging with the Adjuster

• An attorney can help you understand whether the insurer’s offer is reasonable
• An attorney can communicate with the adjuster on your behalf, preventing you from saying anything that could harm your interests
• Most personal injury attorneys offer free consultations and work on a contingency fee basis — you do not need to pay upfront

Studies and industry data suggest that represented claimants in many cases recover higher net compensation even after attorney fees are deducted. While every case is different, this trend is worth considering.