After a car accident, one of the first calls you may receive is from an insurance adjuster.
They may sound friendly.
They may tell you they “just need a quick statement.”
But before speaking with an insurance adjuster, it is important to understand why they are calling — and how your words can affect your claim.
What Is an Insurance Adjuster?
An insurance adjuster investigates claims for an insurance company. It is their job to protect the insurance company’s bottom line, not necessarily to help you.
Their job is to gather information about:
- how the crash happened,
- who may be at fault,
- the extent of injuries and damages,
- and how much the insurance company may have to pay.
Do I Have to Talk to the Other Driver’s Insurance Company?
No. In Colorado, you generally are not legally required to give a recorded statement to the other driver’s insurance company.
In fact, in most cases, it is better not to talk to them until after you consult with an attorney.
It is important to remember – Insurance companies are businesses. Their goal is to reduce how much money they pay on claims.
Any statements you make can be used by the adjuster to shift blame to you, argue that your injuries are unrelated to the claim, and minimize the value of your case.
Even simple comments like “I’m fine” or “I didn’t see the other car” can later be used against you.
Should I Talk to My Own Insurance Company?
Generally, yes, you should. Most insurance policies require cooperation with your own insurer. That may include:
- reporting the crash within a certain period of time after the crash,
- answering basic questions,
- and participating in the claim investigation.
However, you should still be careful when talking to your insurance company.
Stick to the facts.
Do not speculate.
Do not guess.
And if you are injured, it is always a good idea to speak with an attorney before giving a detailed recorded statement.
What Is a Recorded Statement?
A recorded statement is when the adjuster records your answers during a phone call. The insurance company keeps that recording as evidence.
When taking your statement, adjusters are trained to ask questions designed to:
- lock in your version of events,
- identify inconsistencies,
- and evaluate weaknesses in your case.
Many injured people do not realize how important these statements can become later.
Common Insurance Adjuster Tactics
Not every adjuster acts improperly, but there are common tactics people should be aware of:
- Asking for a statement immediately
Adjusters often contact people before injuries are fully understood.
Some injuries — especially neck, back, and soft tissue injuries — may worsen over days or weeks and may not be fully known at the time the adjuster reaches out.
The adjusters will use this to argue that your injuries were unrelated to the accident.
2. Trying to minimize injuries
An adjuster may ask “You weren’t seriously hurt, right?” or “You felt okay at the scene?”
These questions can later be used to argue your injuries were minor.
3. Asking broad medical questions
Sometimes adjusters seek extensive medical history information. You are NOT required to provide this information to the adjuster at this time.
These requests are again designed to challenge whether your injuries were caused by the crash.
4. Pushing for a quick settlement
Quick settlement offers may sound tempting, especially when medical bills are arriving.
But accepting a settlement too early can prevent recovery for future treatment or complications.
Most of these early settlement offers do not represent the full extent of what you are entitled to recover from a personal injury settlement.
What Should I Say to an Insurance Adjuster?
If you do talk to the adjuster, keep it simple. Basic information is usually enough initially:
- your name,
- date and location of the crash,
- vehicles involved,
- and whether police responded.
Avoid:
- guessing,
- speculating,
- discussing fault,
- minimizing injuries,
- or giving opinions about medical treatment.
If you do not know something, say: “I’m not sure.”
That is far better than guessing.
Should I Sign Medical Authorizations?
Not until you talk with an attorney.
Insurance companies sometimes request broad medical authorizations allowing access to years of medical records.
That may include records unrelated to the accident.
Before signing anything, it is often wise to understand:
- what records are being requested,
- why they are needed,
- and whether the request is appropriately limited.
Colorado Law Requires Insurance Companies to Act Fairly
Colorado law prohibits unfair claim settlement practices by insurance companies. These laws require insurers to investigate claims reasonably and communicate fairly with claimants.
Colorado also recognizes claims for unreasonable delay or denial of insurance benefits in certain situations.
That said, insurance companies still have teams of adjusters, investigators, and lawyers working to protect their interests.
You should protect yours too.
When Should I Talk to a Personal Injury Lawyer?
You should strongly consider speaking with a lawyer if:
- you suffered injuries, whether significant or minor,
- you are receiving ongoing treatment,
- fault is disputed,
- the insurance company wants a recorded statement,
- you are being pressured to settle quickly,
- or the insurance company is delaying or denying your claim.
Many personal injury lawyers offer free consultations.
A short conversation early in the process can help avoid mistakes that may hurt your case later.
Final Thoughts
After a Colorado car accident, it is important to be careful when dealing with insurance adjusters.
You do not need to be hostile, but you do need to be cautious.
The reality is simple: insurance companies are evaluating your claim from the very first phone call.
Understanding your rights — and speaking carefully — can make a major difference in protecting your injury claim.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink, & Associates LLC at 719-694-0578 now for a free consultation.
Sources
- Colorado Revised Statutes § 10-3-1104 — Unfair Claim Settlement Practices
- Colorado Revised Statutes § 10-3-1115 and § 10-3-1116 — Unreasonable Delay or Denial of Benefits