The Other Driver’s Adjuster Called. What Do I Say?

Who is the adjuster, and who do they work for?

The adjuster works for the insurance company that would pay the claim. Here, that is the other driver’s insurer, not yours. You have no contract with that company, so you have fewer options than with your own insurer.

If you think the other driver caused the crash, you can report it to their insurer. Let your own insurer know too.

Florida’s Department of Financial Services says the other driver’s insurer has a right and a duty to look into the claim for its customer. It also says most insurers record statements from their customers, people making claims and witnesses.

Your own policy is different. Under your contract, you have a duty to help your own insurer look into a claim. Read your policy to learn your duties.

The state insurance guides we read do not say you must give the other driver’s insurer a recorded statement. If you are unsure, you can check with your own insurer first.

What should I tell the adjuster?

Write down the key facts. Texas says to note where and when the crash happened, the weather and what happened. Get the adjuster’s name, phone number and claim number. California says not to sign a statement about who was at fault.

Write down the other driver’s insurance company, its phone number and the policy number. Keep notes of each call and its date.

At the crash scene, California’s insurance department says not to argue with the other drivers. It says to save your story for the police and your own insurer.

You can ask the adjuster when to expect the company’s offer. Ask them to explain their decisions in writing. If you cannot work things out, you can ask the company for a different adjuster.

The NAIC, a group of state insurance regulators, says not to feel rushed to agree to something you are not comfortable with. It wrote this about claims with your own insurer.

Should I sign a form that lets them get my medical records?

Read it first. A form that lets someone get your health records is called an authorization. Under the federal health privacy law, HIPAA, it must say which records it covers, who gets them and when it ends.

You can cancel an authorization at any time, in writing. The form must tell you how. This cannot undo records already shared.

In most cases, a doctor or hospital cannot refuse to treat you because you did not sign one.

The form must describe the records it covers in a specific way. If it asks for more than you expect, you can ask questions before you sign.

Should I sign a release or take an offer?

A release is a promise not to file more claims for the crash. Before you sign one for an injury, ask your doctor what care you may still need. That is Texas’s advice. Florida’s advice is to check with your own insurer before you sign anything from the other side.

The other driver’s insurer may offer money for your medical bills from the crash. It will also ask you to sign a release.

If your own insurer is paying for your car, Florida’s Department of Financial Services says not to sign a release from the at-fault driver’s insurer.

In Florida, once you and an insurer agree in writing to settle, the insurer must pay within 20 days. Payment may depend on you signing a release both sides agree to.

How fast does the insurer have to respond?

It depends on your state and whose insurer it is. In Texas, the prompt payment law does not apply when the other driver’s insurer pays. That company must still act in good faith and try to settle fairly and quickly.

Texas deadlines apply to your own insurer. It must confirm your claim within 15 days. It must accept or reject it within 15 business days after it gets what it needs, or 45 days if it needs more time.

California’s claim rules say an insurer must confirm a notice of claim within 15 calendar days, unless it pays the claim in that time. It must also give the forms and help the claimant needs.

New York’s Regulation 64 sets time limits for property damage claims you make against another driver.

What if the adjuster will not pay?

Ask for the reason in detail and in writing. If you still disagree, you can ask your state insurance department for help. In Texas, if you complain to the state insurance office, the other driver’s insurer must write back to explain.

Texas: call the Texas Department of Insurance at 800-252-3439, or file a written complaint online. California: call 1-800-927-HELP (4357) to ask for help. Florida: call 1-877-MY-FL-CFO. New York: file a complaint online with the Department of Financial Services.

Before you complain, keep a record of every call, letter and email, with dates and times. Florida’s Department of Financial Services notes it cannot decide who was at fault or make medical judgments.

In another state, the NAIC’s website lists each state’s insurance department.

What if I want to talk with a law firm about the claim?

You can deal with the adjuster on your own. Most steps above come from state insurance departments and the laws we cite.

Some people also want to ask a law firm about an injury claim. People’s Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.