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How to Deal with Insurance Adjusters After an Accident
Ket Takeways: How to deal with insurance adjusters after a California accident comes down to a few rules: stick to facts, decline recorded statements to the other driver’s insurer, limit medical authorizations, put everything in writing, and never accept the first number. California regulations also give adjusters deadlines, and you can report one who ignores them to the Department of Insurance.
The call usually comes within a day or two. The voice is warm, sympathetic, and in no particular hurry. They are sorry about the accident.
They just need to ask a few questions. And if you would not mind, they would like to record the conversation so they get your story right.
Insurance adjusters are good at their jobs. Their job is to resolve your claim for as little as the facts allow. Knowing how they work, and what California requires of them, puts you on far more even footing.
Who the Adjuster Works For
An adjuster is the insurance company employee or contractor who investigates a claim and decides what it is worth. If you are dealing with the other driver’s insurer, the adjuster’s duty runs to that insurer and its policyholder, not to you.
How adjusters investigate
Adjusters gather the police report, photographs, vehicle damage estimates, witness statements, and your medical records. They interview the people involved, often within days, and they look for anything that suggests you were partly at fault or that your injuries came from something other than the crash.
Staff adjusters vs independent adjusters
Some adjusters work directly for the insurance company. Others are independent adjusters hired to handle claims on the insurer’s behalf, often after large events or in areas where the insurer has few staff. Either way, they work for the insurer.
What to Do When an Adjuster Calls
Recorded statements
You are generally not required to give a recorded statement to the other driver’s insurance company, and declining is usually the safer choice. Recorded statements taken in the first days after a crash, while you are hurting and unsure of the full picture, are often used later to argue you were partly at fault or not seriously hurt.
Your own insurance company is different. Most auto policies require you to cooperate with your insurer’s investigation, which can include giving a statement. Read your policy, and if you have an attorney, let them handle it.
Medical authorizations
Adjusters often send a broad medical release that would let them pull years of records unrelated to the crash, looking for a pre-existing condition to blame. You do not have to sign a blanket authorization. Records related to the injuries from the crash can be provided directly instead.
Put it in writing
Keep a log of every call: date, time, the adjuster’s name, and what was said. Follow important conversations with a short email confirming what was discussed. Written records protect you if the adjuster’s version of events changes later.
What to say, and what to avoid:
- Give basic facts: who you are, the date and location of the crash, and your insurance information.
- Do not guess about speed, distance, or what you “should have” seen.
- Do not describe your injuries as minor or say you feel fine.
- Do not apologize or accept blame, even to be polite.
- Do not agree to a settlement over the phone.
Common Adjuster Tactics
- Shifting blame. Suggesting you were speeding, distracted, or could have avoided the crash, because every percentage point of fault reduces what they owe under California’s comparative fault rule.
- Quick offers. A check offered before you finish treatment, often with a release that closes the claim for good.
- Disputing treatment. Arguing your care was unnecessary, too expensive, or unrelated to the crash, especially after a gap in treatment.
- Misstating the law. Telling you that you do not need a lawyer, that a deadline does not apply, or that a fault percentage is final when it is not.
- Delay. Requesting records you already sent or going quiet for weeks, hoping you will accept less to be done with it.
Our guide to comparative negligence in California explains why blame shifting is so valuable to insurers.
How to Negotiate With an Insurance Adjuster
The demand letter
Most negotiations start with a demand letter sent once treatment has stabilized. A strong demand package includes the facts of the crash, why the other driver was at fault, a summary of your injuries and treatment, your medical bills and records, lost income, and the amount you are asking for, with the reasoning behind it.
Counteroffers
When the adjuster responds with a low number, ask them to explain how they reached it in writing. Answer with a counteroffer that addresses their stated reasons with specific evidence: records that tie an injury to the crash, proof of lost income, or photos showing the force of the impact.
Never take the first number
First offers are rarely final. California regulations prohibit insurers from attempting to settle a claim with an unreasonably low offer, and adjusters usually have room to move. Do not sign anything until you understand your full damages, including future treatment and any liens that must be repaid.
California Deadlines Adjusters Must Meet
California’s Fair Claims Settlement Practices Regulations set minimum standards for how insurers handle claims:
| Requirement | Deadline | Regulation |
|---|---|---|
| Acknowledge your claim | Within 15 calendar days of notice | 10 CCR 2695.5 |
| Respond to your communications | Within 15 calendar days | 10 CCR 2695.5 |
| Accept or deny the claim | Within 40 calendar days after proof of claim | 10 CCR 2695.7(b) |
| Explain if more time is needed | Written notice, then updates every 30 days | 10 CCR 2695.7(c)(1) |
| Pay an accepted claim | Within 30 calendar days of acceptance and any required release | 10 CCR 2695.7(h) |
If an adjuster ignores these rules, you can file a complaint with the California Department of Insurance online or through its consumer hotline at 1-800-927-4357.
California’s minimum liability limits are $30,000 per person, $60,000 per accident, and $15,000 for property damage for policies issued or renewed on or after January 1, 2025. If the at-fault driver carries only the minimum, the adjuster may point to the policy limit as a ceiling. It is a ceiling on that policy, not on your claim, and other coverage may be available.
When to Bring in a Lawyer
You can handle a small property damage claim yourself. Bring in a lawyer when you were injured, when fault is disputed, when the adjuster asks for a recorded statement or a broad medical release, or when an offer arrives before you know the full extent of your injuries. A lawyer also tracks the two-year deadline to file a lawsuit under Code of Civil Procedure 335.1, which negotiating with an adjuster does not pause. Our guide to how long a personal injury settlement takes explains what happens after the negotiation ends.
Final Thoughts
It is natural to want to be cooperative and polite with the person handling your claim. Most people were raised to believe that if they are honest and reasonable, the other side will be too. Keep your honesty.
Just pair it with patience and a written record. Being careful with an adjuster is not being difficult. It is protecting yourself while you heal.
Pyramid Legal: Dealing With Adjusters for You in Pasadena
If an insurance adjuster is pressuring you after an accident in Pasadena or anywhere in Southern California, our attorneys can take over every call, build the demand, and hold the insurer to California’s claim-handling rules. You get 24/7 direct access to an attorney and pay no fees unless we win. Visit us at 1055 E Colorado Blvd, Suite 500, Pasadena, CA 91106, call 818-946-0763, or see how our Pasadena car accident lawyers handle insurance disputes.
Get a Free Case Evaluation Today
Want to know what your claim is worth before you negotiate? Read what sets a car accident settlement in California.
This article is general information about dealing with insurance adjusters in California. It is not legal advice about your specific matter and does not create an attorney-client relationship.
Frequently Asked Questions
Can an insurance adjuster deny my claim because I waited to see a doctor?
An adjuster can argue that a delay in treatment shows your injuries were minor or caused by something else, and that argument can lower an offer. It does not automatically defeat a claim. Getting medical care as soon as possible, and explaining any delay in your records, makes the argument much weaker.
Is the adjuster allowed to contact me if I have a lawyer?
Once you have a lawyer, tell the adjuster in writing and give them your attorney’s contact information. Insurers usually route communication through your attorney after that. If an adjuster keeps contacting you directly, do not discuss the claim, refer them to your attorney, and let your attorney know.
What if the adjuster says my injuries are from an old condition?
A pre-existing condition does not end your claim. If the crash made an old injury worse, you can generally recover for that aggravation. Medical records that compare your condition before and after the crash are the strongest answer to this argument.
Do I have to accept the repair shop the insurer recommends?
No. Under California Insurance Code 758.5, an insurer cannot require that your car be repaired at a specific shop, and that protection covers people claiming against another driver’s policy too. Get a written estimate from the shop you choose and send it to the adjuster before repairs begin.
