Insurance adjusters often contact victims to verify the cause and severity of the accident in California personal injury cases. During this time, their adjuster sounds polite, even helpful. They make an offer and tell you it’s “fair.”
However, insurance adjusters are trained to protect the company’s interests, not yours.
Before you accept anything, it is crucial to understand what insurance adjusters do and how they shape the outcome of your case.
What Exactly Does an Insurance Adjuster Do?
An insurance adjuster is a claims professional hired by an insurance company to investigate, evaluate, and negotiate claims when someone reports an injury or property loss. Their primary role is to determine:
- What happened
- Who is at fault
- How much does the insurance company pay you
Although an insurance adjuster may appear neutral in this description, they work for the insurance company. The company’s purpose is to keep its costs as low as possible, which means offering you the smallest payout feasible.
Insurance companies and their adjusters will strive to reduce the likelihood of a lawsuit being brought, in addition to lowering payouts. The truth is that what a jury or judge pays a person after a significant injury is frequently far more than what the insurance company would pay if the case were settled out of court.
Types of Insurance Adjusters
Not all adjusters wear the same badge. Here’s a breakdown of who you might be dealing with:
- Staff Adjusters: These are full-time employees of the insurance company. They handle claims for that company and are directly aligned with its interests.
- Independent Adjusters: These adjusters aren’t tied to a single insurer. Instead, they contract with multiple companies to handle overflow or complex claims, but they still work for the insurance companies, not for you.
- Public Adjusters: These are the only adjusters who work on behalf of policyholders. If you hired a public adjuster, they would represent your best interests, and not the insurer’s.
Remember that in most personal injury cases, you’ll be dealing with a staff or independent adjuster who’s trained to protect the insurance company.
The Adjuster’s Role in a Personal Injury Case
When you’ve been injured, the adjuster becomes the gatekeeper between you and your rightful compensation. Here’s what they actually do:
Investigating the Claim
Generally, the adjuster will try to determine what happened by interviewing you and the other parties involved. This is why, after the accident, you might receive a call from the insurance adjuster, asking about the accident and how much damage it caused.
They will also do the following when investigating your case:
- Gathering witness statements
- Reviewing police and incident reports
- Examining your medical records
- Assessing photos or video footage of the accident scene
However, it is crucial to remember that they are not gathering evidence to help you. They’re building a case to support the insurance company’s position.
Assessing Fault and Damages
One of the most crucial parts of your claim is determining who was at fault and how much damage was done.
They may ask questions that may seem harmless, but can affect your case later on. For instance, they may ask how you are doing, and if you answer that you are doing okay, they may downplay your injuries.
Unfortunately, during this time, adjusters will:
- Try to assign yourself some percentage of blame (even if it’s not justified)
- Downplay the severity of your injuries
- Estimate how much your future care might cost, often underestimating it
Their calculations can drastically impact how much you’re offered. And if you don’t challenge it, you could walk away with far less than you deserve.
Making a Settlement Offer
Most insurance adjusters have a preset budget or “limit” for each claim. But rather than offering the full amount upfront, they often start at just 25–50% of what they’re authorized to pay. Why?
Because many injured victims don’t know the actual value of their case, or they’re too stressed and overwhelmed to push back.
This settlement offer is often:
- Low and far below what your claim is really worth
- Time-sensitive, meaning, they want you to settle fast, before you realize how much you’ll truly need for your medical bills, lost wages, or therapy.
Once you accept a settlement, you give up the right to ask for more, even if your injuries worsen later. So, don’t accept this offer without speaking to a personal injury attorney.
Finalizing the Settlement
Once a number is agreed upon, the adjuster will process the paperwork and cut the check. But they will also ensure you sign a release of liability, which legally prevents you from pursuing any more compensation for this incident, even if your condition worsens.
What Adjusters Do to Minimize Your Compensation
Insurance adjusters will use strategies that can reduce the settlement. They can:
- Offer you the smallest amount they think you’ll accept.
- Minimize or deny non-visible injuries like PTSD or chronic pain.
- Try to settle your claim quickly before you realize how serious your situation is.
They are not obligated to tell you what your case is truly worth. Fortunately, trusted California personal injury lawyers like us are.
Damages Insurance Adjusters Often Overlook
Adjusters will usually calculate damages based on:
- Current and future medical bills
- Lost wages
- Vehicle repairs
- Other out-of-pocket expenses
If you are unaware of the other damages you can be entitled to, an offer that includes the following may seem fair and enticing. However, this is often far less than what you deserve.
A personal injury attorney can calculate the total losses you suffered, including the following, to maximize your claim.
Non-Economic Damages
These refer to the intangible, deeply personal losses that result from a serious injury. Losses that don’t come with a receipt but impact your life in profound ways. They include:
- Pain and Suffering: The physical discomfort and chronic pain you endure during your recovery and potentially for the rest of your life.
- Emotional Distress: The psychological toll of trauma, such as anxiety, depression, sleep disturbances, and fear, that may interfere with daily life.
- Disfigurement or Scarring: Visible injuries can lead to long-term emotional pain, lowered self-esteem, and social withdrawal.
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and hypervigilance may follow traumatic incidents, especially if they were violent or life-threatening.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once loved, like hobbies, sports, or simply playing with your children, you may be entitled to compensation for that loss.
These damages are harder to quantify but are no less real than medical bills or lost wages. In many cases, they represent the most life-altering effects of the injury.
Punitive Damages
In rare cases, if the at-fault party acted with gross negligence, intentional harm, or reckless disregard for others’ safety, the court may award punitive damages. These are not meant to compensate the victim but rather to punish the wrongdoer and deter others from similar behavior. For example:
- A driver who was heavily intoxicated and speeding through a school zone
- A company that knowingly sold a defective product that caused harm
- A property owner who repeatedly ignored serious safety hazards
Both these damages can be quantified and calculated by a legal expert. So, it is crucial to reach out to the best personal injury lawyer in California before accepting an offer to receive fair and maximum compensation.
What Should I Say to the Insurance Company During the Initial Call?
After a crash, getting a call from the other driver’s insurance company can feel intimidating. You might feel pressured to explain everything, but don’t. Your words carry weight, and even a seemingly harmless comment can be twisted to undermine your claim.
Here’s what you should only share, and nothing more:
- Your full name
- Your address and phone number
- The date, time, and location of the accident
- The make, model, and year of your vehicle
- Your license plate number
That’s it. Keep it simple. Do not discuss your injuries, how you’re feeling, or the events leading up to or after the accident. Never say anything that sounds like you’re admitting fault; even a polite “I’m sorry” could be taken out of context.
This isn’t about being difficult, but protecting your right to recover fully. The insurer’s job is to save its company money. The best personal injury lawyers in California ensure you are treated fairly. If you’re unsure what to say, let your legal team do the talking.
What Should I NOT Say to the Adjusters?
Here’s what you should never share without speaking to a California personal injury lawyer:
- A Recorded Statement: Even a small inconsistency can be used to discredit you later. Politely decline and refer them to your attorney.
- Full Access to Your Medical Records: Don’t sign anything. They may dig into unrelated health history to blame pre-existing conditions instead of the accident.
- Your Social Security Number: It’s rarely needed, and can be used to uncover private information that weakens your claim.
- Names of Friends, Family, or Co-workers: Adjusters may call them to gather “casual” statements they can twist to downplay your injuries.
- Extra Details About the Crash: Stick to the basics. Even an innocent comment like “I’m not sure how fast I was going” can be used against you.
Two Critical Questions We Always Ask Before Settling
At The Law Offices of Larry H. Parker, we look beyond the adjuster’s numbers. We evaluate:
- What’s the actual limit of the insurance policy?
Sometimes, the insurance company is offering the most it can under the policy. If so, we’ll tell you, and if your damages exceed that limit, we may help you pursue the at-fault individual or business directly for the rest. - How strong is your case in front of a jury?
We evaluate medical documentation, video footage, eyewitness accounts, and expert testimony to determine how likely a jury is to side with you. Insurance companies know this, too, and a strong case gives us more leverage to negotiate a higher settlement or win in court.
Recovering from an injury is hard enough. You shouldn’t have to battle insurance adjusters while juggling appointments, missing work, and managing pain.
We take that weight off your shoulders by:
- Handling every conversation with the insurance company.
- Gathering strong evidence to support your claim.
- Negotiating fiercely on your behalf.
- Taking your case to trial if necessary.
This isn’t just about money. It’s about your health, future, and peace of mind. A quick payout won’t cover months of rehab, future surgeries, or the toll this experience takes on your family.
Let’s fight for what’s fair, together.
Call us at 800-333-0000 today for your free consultation or fill out our secure contact form to get started.
Struggling with what comes next after a crash? Call today for a free case evaluation — let our lawyers show your way forward.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California personal injury attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“I was in a terrible car accident, and the Law Offices of Larry H Parker took care of everything! My car was completely totaled. I was headed to school when the driver in the other vehicle involved made a left-hand turn in front of my car, causing me to hit his passenger door. Both airbags deployed, and my car spun out of control.” – Lindsay Sarah.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we have answered some of the most frequently asked questions about road accidents.
- Can I Switch California Personal Injury Lawyers?
- Be Careful What You Give to an Insurance Adjuster After a Southern California Car Accident
- California Personal Injury Settlements: Taxable or Not?
- 3 Ways an Insurance Company Might Try to Blame You for Your Own Injuries
References
What Is a Release of Liability Form? (n.d.). disabilityhelp.org. https://www.disabilityhelp.org/what-is-a-release-of-liability-form/
