Insurance FAQs: Dealing with Adjusters and Claims

What is an insurance adjuster's job?

An insurance adjuster investigates claims and determines how much the insurance company should pay. They gather evidence, review medical records, interview witnesses, and assess damages. While an adjuster might seem friendly and helpful, remember that they work for the insurance company, not you. Their goal is often to minimize payouts and protect their employer's bottom line.

Do I have to give a recorded statement to the insurance adjuster?

You are not required to give a recorded statement to the other driver's insurance company. In fact, providing one can seriously harm your claim. Adjusters use recorded statements to find inconsistencies, get you to downplay your injuries, or elicit responses that suggest you're partly at fault.

Anything you say can be used against you later. Politely decline the request and direct the insurance company representative to your attorney.

Your own insurance company may request a recorded statement as part of their cooperation clause. Even in these situations, consult with a personal injury attorney before agreeing. If you do provide a statement, keep your answers brief, stick to basic facts, and avoid speculation about fault or the extent of your injuries.

What information should I give to the insurance adjuster?

Provide only basic factual information. When speaking with an adjuster, stick to simple details such as your name, contact information, and the date and location of the incident. Avoid discussing the extent of your injuries, admitting any fault, or speculating about what happened. Don't describe your pain level or say you're "fine" out of politeness.

It's safest to tell the adjuster you're still receiving medical treatment and gathering information. Let them know you'll provide additional details through your attorney. Remember, adjusters are skilled at asking seemingly harmless questions designed to elicit responses that can hurt your claim.

What should I do if an insurance adjuster shows up at my door?

You're under no obligation to speak with an adjuster who appears unannounced at your home. Politely decline to discuss your case. Tell them you prefer to communicate in writing or through your attorney. 

Above all, never sign anything an adjuster brings to your door without first having your attorney review it. These documents could include settlement releases, medical authorizations, or recorded statement agreements that could harm your claim.

What should I do if the insurance company offers a quick settlement?

Some insurance adjusters will make lowball settlement offers shortly after an accident, hoping you'll accept before you understand the full extent of your injuries. Some injuries don't show symptoms immediately, and you might need ongoing medical treatment, therapy, or time off work.

Once you accept a settlement and sign the release, you give up your right to seek additional compensation later. If your injuries turn out to be more severe than initially thought, you could miss out on the full support you need.

Before agreeing to anything, take the time to assess your damages fully. Get a complete medical evaluation, document all your injuries and treatment, and consult with a personal injury attorney who can accurately value your claim.

Can the insurance adjuster use my social media against me?

Yes. Insurance adjusters routinely monitor claimants' social media accounts, looking for posts, photos, or check-ins that contradict injury claims. A picture of you at a family gathering could be taken out of context and used to argue that your injury is not as serious as you claim.

Set all your social media accounts to private and avoid posting anything about your injury, your medical treatment, or your activities until your case is resolved.

Should I sign a medical authorization form from the insurance company?

Be extremely cautious. Insurance adjusters will often ask you to sign broad medical authorization forms. These forms give the company access to your entire medical history, not just records related to the injury. With your complete health records, adjusters may try to attribute your current injuries to pre-existing conditions. Furthermore, many authorizations will allow an adjuster to speak directly to your doctor.

This tactic aims to diminish the severity of your claim and reduce the amount they have to pay. Before signing anything, consult with your attorney, who can help you determine which medical records are actually necessary and protect your privacy.

How long does the insurance company have to respond to my claim?

Minnesota law requires Insurance companies to acknowledge receipt of your claim within 10 days after it is filed. They have 30 days from receipt of the claim to investigate and notify you whether the claim has been accepted or denied “unless the investigation cannot be reasonably completed within that time.” You must be notified within the 30-day window of any delay. 

Once a settlement agreement is reached, the law requires insurers to issue proceeds within five business days. However, the investigation and negotiation process can take weeks or months, depending on the complexity of your case.

If an adjuster is unreasonably delaying your claim without justification, they may be acting in bad faith. Document all communication and delays, and consult with an attorney if the process drags on unnecessarily.

What if the at-fault party doesn't have enough insurance to cover my damages?

If your medical bills, lost wages, and other damages exceed the at-fault party's insurance policy limits, you have several options.

• Depending on the type of claim, you may be able to recover additional compensation through your own insurance coverage.
• You could also pursue a personal injury lawsuit against the at-fault party personally, though this may not be practical if they lack assets.

Can the insurance company make me get a second medical opinion?

Yes, in some situations. Insurance companies may request that you undergo an independent medical examination (IME) with a doctor they choose. Despite the name "independent," these doctors are hired and paid by the insurance company, and their examinations often favor the insurer's interests.

You're typically required to attend an IME if requested, but you have rights. You can have your attorney present, request that the exam be recorded, and obtain a copy of the examination report. Your attorney can also arrange for your own medical expert to review the IME findings and counter any biased conclusions.

What happens if the insurance company denies my claim?

If your claim is denied, don’t panic. Insurance companies often deny valid claims, hoping you won't fight back. Request a written explanation for the denial that includes specific policy language or reasons for the decision. Review your policy carefully to understand your coverage and whether the denial is justified. Then contact a personal injury attorney immediately!

Can I negotiate with the insurance company myself, or do I need a lawyer?

While you can handle negotiations yourself, you'll be at a significant disadvantage. Insurance adjusters are professionals who negotiate claims every day. They know how to minimize payouts and protect their company's interests.

A personal injury attorney levels the playing field. Your attorney can accurately value your claim, gather evidence, handle all communication with the insurance company, and fight for maximum compensation on your behalf.

Get Help from Minnesota’s Trusted Personal Injury Firm

Dealing with insurance companies after an injury doesn't have to be overwhelming. Understanding your rights and how adjusters operate will help you avoid common pitfalls and protect your interests.

At SiebenCarey, we've been helping Minnesotans navigate the insurance claims process for 70 years. We know the tactics insurance companies use and how to fight back.

Contact us today for a free consultation, and let us handle the insurance company while you focus on healing.