Dealing with insurance adjusters after a car accident in Brooklyn can feel overwhelming, especially when you’re trying to focus on your recovery. Adjusters play a key role in the claims process in New York. They gather information, assess damages, and determine how much the insurance company is willing to pay. While they may come across as friendly or sympathetic, their main goal is to protect the insurance company’s interests, not yours.
Preparation is so important when communicating with them. What you say and how you say it can significantly impact your claim. Our experienced Brooklyn car accident attorneys at Kucher Law Group stand ready to assist you in communicating with adjusters.
When you work with us, we handle those conversations for you, so you don’t have to worry about saying the wrong thing or being pressured into accepting less than you deserve. Our team knows how to deal with adjusters and protect your rights, allowing you to focus on your recovery. Let us help you avoid costly mistakes and get the compensation you need to move forward. Contact us today at (929) 563-6780 for a free consultation.
1. Not Understanding the Role of the Insurance Adjuster
When the insurance adjuster calls, it’s easy to feel like you’re speaking with someone who’s there to help. After all, they might sound polite, ask about your well-being, and seem genuinely interested in your situation. But it’s important to recognize that their goal isn’t to protect your interests. This misunderstanding can lead to costly mistakes.
While the adjuster may come across as friendly and supportive, their loyalty lies with the insurance company, not you. Their primary responsibility is to save the company money. This means they’ll often look for ways to weaken your claim or justify a lower payout.
For example, they might ask seemingly harmless questions like, “How are you feeling today?” A casual response like “I’m fine” might later be used to argue that your injuries aren’t serious. You don’t have to be rude or dismissive, but you have every right to be cautious and establish your boundaries.
Additionally, many people assume the adjuster is there to make the claims process easier. Unfortunately, this assumption can lead to misplaced trust. You might think that the adjuster has final authority over your claim, but you don’t have to accept their assessment or their first offer. You have the right to question their conclusions, ask for explanations, and seek legal advice to protect your interests.
Conversations with adjusters can shape the outcome of your case. By keeping these points in mind, you’ll be better equipped to handle the adjuster’s call with confidence and caution.
2. Giving a Recorded Statement Without Legal Advice
When the insurance adjuster asks for a recorded statement, it might seem like a routine request. They may even say it’s “just part of the process” or “necessary to move things forward.” But agreeing to this without proper guidance could seriously jeopardize your claim. Before you speak on record, it’s important to understand the potential risks involved.
An insurance company’s request for a recorded statement isn’t simply about gathering facts. Their primary goal is to find information they can use to limit your compensation.
They often frame their questions in ways that encourage you to downplay your injuries or accept partial responsibility for the accident. They might ask leading questions like, “Were you distracted at the time of the crash?” or “Are you feeling better now?” These questions are designed to elicit responses that can later be twisted to fit their version of events.
It’s also worth noting that New York is a no-fault insurance state, which means your own insurance company will typically handle medical and lost wage claims after an accident. Even so, giving a recorded statement to the other driver’s insurer can create unnecessary complications.
How Your Words Can Be Used Against You Later
Once your statement is recorded, the adjuster has a permanent record of your words. If your claim goes to court or negotiation later, they can pick apart your statement to weaken your case.
If you say you “didn’t see the other car” before the collision, they might argue that you weren’t paying attention. If you casually mention that you “feel fine,” they could use that to downplay the severity of your injuries. Even something as simple as a hesitation or uncertainty in your answers can be interpreted as a lack of credibility. Once it’s on the record, there’s no way to take it back.
The Risk of Inconsistencies Hurting Your Claim
When you’re dealing with the aftermath of a car accident, it’s normal to feel overwhelmed or confused. But making even a small mistake during a recorded statement can lead to inconsistencies that the insurance company will exploit.
- You might unintentionally leave out important details about the crash because you’re still processing what happened.
- Your answers could conflict with later medical reports or witness testimonies.
- Adjusters may compare your statement to earlier conversations, looking for contradictions they can use to discredit you.
In New York, where no-fault insurance rules can already complicate claims, these inconsistencies can make it harder to recover the full amount you’re entitled to.
Instead of agreeing to a recorded statement right away, take a step back. You’re under no obligation to provide one immediately, and you have every right to seek guidance before speaking on the record. A little caution now can make a big difference in protecting your rights and securing fair compensation later.
3. Admitting Fault or Speculating About the Accident
After a car accident, it’s natural to want to explain what happened or even apologize, especially if you’re feeling shaken or unsure. But when speaking with an insurance adjuster, even casual comments can be twisted to place blame on you. It’s important to approach these conversations with caution and avoid saying anything that could harm your claim.
Seemingly Innocent Comments Can Be Misinterpreted
In the moment, you might not think twice about saying something polite like, “I didn’t see the other car” or “I’m really sorry about what happened.” These kinds of statements might feel like common courtesy, but they can come back to haunt you later.
Fault matters significantly when dealing with property damage or liability claims beyond the state’s no-fault insurance coverage. The insurance company will look for any excuse to shift blame away from their policyholder and onto you, even if it’s only partial responsibility.
Never Guess or Assume. Stick to the Facts
When recounting the accident, it’s easy to fall into the trap of filling in gaps or making guesses about what might have happened. But speculating can lead to statements that contradict the actual evidence or give the adjuster a reason to reduce your claim.
It’s better to say, “I don’t know,” rather than make a guess. If you’re uncertain about the exact sequence of events, avoid piecing it together on the spot. Stick to what you know for sure: the time and location of the accident, what you were doing at the moment of impact, and any immediate observations you made. If you’re unsure about something, it’s perfectly okay to say so.
Let the Investigation Determine Fault, Not Your Words
Determining fault in a car accident is a process that involves many factors, including police reports, witness statements, and physical evidence. It’s not your job to assign blame, especially not during a conversation with an insurance adjuster.
Comparative negligence laws in New York allow fault to be divided between multiple parties, which can impact how much compensation you’re eligible to receive. If you admit even partial responsibility, the adjuster could use your words to argue for a reduced payout, even if the majority of the fault lies with the other driver.
Let the evidence speak for itself. Investigators, attorneys, and sometimes even courts will determine who was at fault. Your role is to provide clear, factual information without making assumptions or admissions.
4. Discussing Injuries Before You’ve Seen a Doctor
After a car accident, you might feel tempted to downplay your injuries, especially if they don’t seem serious at first. But when speaking with an insurance adjuster, discussing your health without a proper medical evaluation can lead to serious problems. Your health and your claim depend on having accurate, professional documentation of your injuries.
Delayed Symptoms Can Lead to Underreporting
It’s common for certain injuries to appear hours, or even days, after an accident. Adrenaline and shock can mask pain immediately following a collision, and conditions like whiplash, concussions, or soft tissue injuries often take time to fully reveal themselves.
For instance, you might feel fine at the scene of the accident but wake up the next day with severe neck pain or dizziness. If you tell the adjuster early on that you weren’t hurt, it can be difficult to explain these delayed symptoms later. They might argue that your injuries weren’t caused by the accident or that they aren’t severe enough to justify the compensation you’re seeking.
It’s crucial to have your injuries properly documented. This is especially true if your damages exceed the no-fault threshold and you need to pursue additional compensation.
Saying You’re “Fine” Can Jeopardize Compensation
When the adjuster asks how you’re feeling, it might seem polite to say something like, “I’m doing okay” or “I feel fine.” But these casual remarks can be taken literally and used to argue that your injuries aren’t serious or that you don’t need further medical treatment.
Even if you’re feeling relatively well in the moment, it’s better to avoid making any statements about your physical condition. You might not yet be aware of all the ways the accident has affected you. Adjusters can use your words against you, even if your condition worsens later or if medical evaluations reveal injuries you didn’t initially notice.
Always Prioritize Medical Evaluation Over Statements
Your health should always come first, and seeing a doctor promptly after an accident is one of the most important steps you can take. A thorough medical evaluation not only helps ensure you get proper treatment but also provides crucial documentation for your insurance claim.
No-fault insurance in New York requires you to seek medical attention within 30 days of the accident to qualify for benefits. This timeline makes it even more important to prioritize your health over trying to explain yourself to the insurance company.
Once you’ve been evaluated, you’ll have a clearer understanding of your injuries, and any statements you make will be based on documented medical evidence, not guesses or assumptions. This protects both your health and your claim.
Take your time, focus on recovery, and let your medical records speak for you. Adjusters are trained to look for any opportunity to reduce payouts, and staying cautious about what you share, especially early on, helps protect your right to fair compensation.
| Your Original Statement | Supporting Fact / Context |
|---|---|
| Delayed Symptoms Can Lead to Underreporting | Adrenaline may mask injuries, delaying the onset of symptoms such as whiplash, concussions, and soft tissue damage by hours or days. |
| Saying You’re “Fine” Can Jeopardize Compensation | Casual remarks like “I’m okay” may be used by adjusters to argue injuries are minor or unrelated, especially if symptoms appear later. |
| Always Prioritize Medical Evaluation Over Statements | In New York, you must seek medical treatment and file a claim within 30 days to qualify for PIP benefits. Early medical evaluation supports both care and claim validity. |
5. Accepting the First Settlement Offer
When an insurance adjuster presents you with a settlement offer, it might feel like a relief to have a quick resolution. But accepting the first offer without fully evaluating it can leave you with far less compensation than you deserve. These early offers are often designed to save the insurance company money, not to cover all the damages you’ve suffered.
Why Early Offers Are Rarely Fair or Complete
The first settlement offer you receive is almost never the best one. Insurance companies typically start with a low amount, hoping you’ll accept it before you fully understand the value of your claim.
In Brooklyn, car accident claims often involve more than just immediate medical bills. You could be dealing with long-term injuries, ongoing treatment costs, lost wages, and even damages for pain and suffering. These factors take time to assess, and an early offer likely won’t take them into account.
For example, if you’ve been in an accident and haven’t yet completed your medical treatment, how can you know the full extent of your expenses? If you accept an offer too soon, you might end up paying out of pocket for future costs that should have been covered.
Tactics Adjusters Use to Pressure Quick Decisions
Adjusters know that you’re probably feeling stressed and eager to move on after an accident. They often take advantage of this by using tactics to make their offer seem like the best, or only, option.
- They might tell you that the settlement is only available for a limited time, creating a false sense of urgency.
- They may downplay the value of your claim, suggesting that you won’t get more if you wait.
- They might even try to persuade you that hiring an attorney will only slow things down or cost you money.
These strategies are designed to make you feel pressured into accepting less than you’re entitled to. It’s important to remember that you’re not obligated to accept their first offer and that you have the right to take the time you need to evaluate it fully.
How an Attorney Can Evaluate a Proper Settlement Amount
Determining the true value of a car accident claim involves looking at the big picture, not just the immediate costs. An experienced attorney can help you calculate the full amount you’re owed, including factors you might not have considered.
You attorney can review:
- Medical expenses, both current and future.
- Lost wages and reduced earning capacity if your injuries affect your ability to work.
- Property damage to your vehicle.
- Non-economic damages, such as pain and suffering.
In New York, these factors are especially important because no-fault insurance only covers up to $50,000 in basic economic losses. If your damages exceed that amount, you may need to pursue additional compensation from the at-fault driver’s insurance. An attorney can assess whether the settlement offer reflects the full scope of your losses and negotiate for a fairer amount if it doesn’t.
Taking the first settlement offer might seem like the easiest way to move forward, but it can leave you with regrets down the line. Take your time, weigh your options, and consider seeking legal guidance to make sure you’re not shortchanged. Your recovery, both physical and financial, deserves careful attention.
6. Providing Too Much Personal or Financial Information
When the insurance adjuster calls, it’s easy to feel like you need to answer all their questions or share everything they ask for. But you’re not obligated to give them every detail about your personal life or finances. Oversharing can hurt your claim and even open the door to tactics that reduce your compensation. Knowing what to share and what to keep private is key to protecting your rights.
What Information You Are and Aren’t Obligated to Share
You are required to provide some basic information about the accident when filing a claim, such as:
- The date, time, and location of the accident.
- The vehicles and parties involved.
- A brief, factual description of what happened.
However, there are things you’re not obligated to share with the adjuster, including:
- Detailed financial information, such as your income or financial struggles.
- Specifics about your personal life, like your daily activities or unrelated medical history.
- Any assumptions or guesses about the accident or your injuries.
In New York, no-fault insurance requires your own insurance company to cover your medical bills and lost wages up to a certain limit, regardless of fault. This means you don’t need to provide unnecessary details to the other driver’s insurance company unless your claim exceeds the no-fault threshold.
How Oversharing Can Undermine Your Claim
Some of the questions adjusters ask might seem harmless at first, but they can use your answers to weaken your claim. For example, if you mention that you’ve had previous injuries or medical conditions, they might argue that your current injuries aren’t entirely related to the accident.
Similarly, if you talk about your financial situation, like how you’re struggling to pay bills, they might try to pressure you into accepting a lower settlement, knowing you feel desperate for quick cash.
Even discussing your daily activities, like going to the gym or running errands, could be taken out of context to suggest that your injuries aren’t as severe as you’ve claimed. Adjusters are skilled at looking for statements they can twist to their advantage, so it’s best to stick to the basics.
Protecting Your Privacy During the Claims Process
You have the right to protect your privacy throughout the claims process. This doesn’t mean you should withhold important information, but you also don’t need to share more than what’s necessary.
If you feel uncomfortable with a question or unsure about what to say, don’t feel pressured to answer right away. You can consult with an attorney before providing further information. Being mindful of what you share and protecting your privacy can help you avoid unnecessary complications and keep your claim on track.
7. Handling the Call Without a Car Accident Attorney
After a car accident, speaking with an insurance adjuster on your own might seem manageable, but it can quickly become overwhelming. Adjusters are trained to act in the best interests of the insurance company, not yours. Having legal guidance can make all the difference in protecting your rights and securing the compensation you deserve.
Legal Guidance Can Prevent Costly Mistakes
When you handle the adjuster’s call on your own, it’s easy to make mistakes. You might say something innocent that gets used against you later or accept an offer that doesn’t cover all your expenses. Without someone to guide you, you might overlook important steps in the process or settle for far less than you’re entitled to.
One of the biggest advantages of having legal representation is that you don’t have to deal with the adjuster directly. Once you hire an attorney, they can handle all communication with the insurance company for you.
This means you won’t have to worry about saying the wrong thing or feeling pressured into making a decision. Your attorney will know how to respond to the adjuster’s questions, negotiate a fair settlement, and push back against lowball offers.
Why Brooklyn Victims Need Local Representation
Car accidents in Brooklyn come with unique challenges. From navigating busy streets to dealing with local insurance policies and New York’s no-fault system, having an attorney familiar with the area can be a huge advantage.
A local attorney understands how New York laws apply to your case and has experience dealing with the insurance companies that operate here. They’ll also know how to gather evidence, work with local law enforcement, and handle disputes with insurers.
Brooklyn’s fast-paced environment can make filing a claim feel even more stressful, but having someone on your side who knows the community and legal landscape can give you peace of mind.
Getting legal representation early on can help protect your future and make the claims process much smoother. Instead of handling everything by yourself, let someone with experience guide you through it.
Brooklyn Car Accident Lawyers – Kucher Law Group
Samantha Kucher, Esq.
Samantha Kucher dedicates her practice to helping individuals injured in car accidents, fiercely advocating for drivers and passengers against difficult insurance companies. With years of legal experience, she is committed to guiding her clients toward recovery and achieving meaningful outcomes.
- Co-founder, Kucher Law Group
- B.A., New York University; J.D., New York Law School
- Service with the New York County Family Law Pro Bono Program
- Speaks English, Russian, and Spanish
- Primary practice areas: car accidents, pedestrian injuries, premises liability
- Honors include Super Lawyers “Rising Star” and National Trial Lawyers “Top 40 Under 40”
Michael Roitman, Esq.
Michael Roitman has earned a reputation for delivering strong results for clients injured in serious car accidents. He approaches every case with determination, standing firm for individuals who are often undervalued in settlement negotiations. His dedication has led to multiple seven-figure awards for his clients.
- Co-founder, Kucher Law Group
- B.A., New York University; J.D., Western Michigan University Cooley Law School
- Licensed in New York and New Jersey State Courts and the U.S. District Courts for the Southern and Eastern Districts of New York
- Extensive experience with car accidents, slip/trip and fall, labor law, and medical malpractice cases
- Known for securing significant results in personal injury litigation
Alex Rybakov, Esq.
Alex Rybakov brings over ten years of litigation experience to car accident cases, helping clients recover from injuries caused by negligent drivers. Known for his meticulous approach and steady guidance, Alex ensures clients feel supported throughout the legal process, from investigation to resolution.
- Co-founder, Kucher Law Group
- B.A., New York University; J.D., Seton Hall Law School
- Broad experience in car accidents, slip and fall, medical malpractice, product liability, workplace accidents, and wrongful death claims
- Focuses on maintaining clear, open communication throughout the case
- Develops tailored litigation strategies to meet each client’s unique needs
Protect Your Claim with the Right Support
Preparation is the foundation of successfully handling conversations with insurance adjusters after a car accident in Brooklyn. The wrong words can jeopardize your claim, but the right guidance can make all the difference. At Kucher Law Group, we know how overwhelming this process can feel, and we’re here to step in and take the pressure off your shoulders.
Don’t let an adjuster’s tactics lead to mistakes that could cost you. Let us handle the conversations, protect your rights, and fight for the compensation you deserve. Call Kucher Law Group today at (929) 563-6780, and let’s work together to secure a fair outcome for your case.
