How to Deal with Insurance Adjusters After an Alabama Car Crash

The phone call often comes when you least expect it, just days or even hours after a car crash. The person on the other end is friendly, professional, and full of concern. They introduce themselves as an insurance adjuster for the other driver and say they just want to get your side of the story to process the claim quickly. It sounds simple enough, but this initial conversation is one of the most pivotal moments in your case, and what you say can have lasting consequences.

Navigating the aftermath of a car accident on Alabama roads is challenging enough without the added pressure of dealing with a trained insurance professional whose job is to protect their company’s bottom line.

The Insurance Adjuster’s True Role    

The first thing to recognize is that the insurance adjuster, no matter how friendly or empathetic they seem, is not on your side. Their primary responsibility is to their employer, the insurance company. Their goal is to resolve your claim for the least amount of money possible.

Every question they ask is designed to gather information that can be used to limit or deny your claim. They are trained negotiators skilled at building rapport to encourage you to share information that may inadvertently harm your case. Their objective is to find reasons to assign fault to you, downplay the severity of your injuries, or question the necessity of your medical treatment.

What to Say When an Adjuster Calls

Given the adjuster’s objective, your initial conversations should be brief and factual. You have a duty to report the accident, but you do not have to provide an exhaustive account on the spot. Here are some guidelines for that first interaction.

What You Should Do:

• Identify the Caller: Get the adjuster’s full name, the insurance company they work for, the name of the person they insure (the at-fault driver), and the claim number.
• Provide Basic Information: You can confirm your full name, address, and phone number. You can also state the date, time, and location of the crash.
• Be Polite but Firm: Maintain a calm and professional tone. There is no need to be confrontational, but you must be firm in protecting your rights.
• State You Are Seeking Medical Treatment: If you are injured, let them know you are getting or have already received medical care. Do not go into detail about the diagnosis or prognosis. Simply state that you are hurt and under a doctor’s care.
• Keep it Brief: The less you say, the better. Stick to the absolute facts of the accident and avoid any speculation about what happened.

What You Should Never Do:

• Do Not Admit Fault: Never apologize or say anything that could be interpreted as an admission of fault. Phrases like “I’m so sorry” or “I didn’t see them” can be used to argue you were responsible.
• Do Not Speculate: Do not guess about the other driver’s speed, what they were doing, or any other detail you are not 100% certain of. Stick only to what you know.
• Do Not Discuss Your Injuries in Detail: Adrenaline can mask the severity of injuries. You may feel fine one day and be in significant pain the next. Avoid statements like “I’m fine” or “I just have a few bruises.”
• Do Not Agree to a Recorded Statement: You are not legally required to provide a recorded statement to the other driver’s insurance company. Politely decline their request.
• Do Not Accept an Initial Settlement Offer: Quick offers are almost always lowball offers made before the full extent of your injuries and damages is known.
• Do Not Sign Any Documents: Never sign a medical release or any other document without having it reviewed by an attorney.

The Problem with Recorded Statements

Insurance adjusters will often push hard for a recorded statement, framing it as a standard part of the process. While it may be standard for them, it is rarely in your best interest. The purpose of a recorded statement is to lock you into a version of events early on.

Adjusters are skilled at asking leading or confusing questions. Your answers, recorded permanently, can later be taken out of context and used against you to deny liability or minimize the value of your claim. If your memory of an event changes slightly as you recover from the shock of the accident, or if you later recall a detail you initially forgot, the adjuster can use the recording to portray you as inconsistent or untruthful. It is always best to politely decline to provide a recorded statement until you have spoken with legal counsel.

Common Tactics Insurance Adjusters Use in Alabama

To achieve their goal of minimizing payouts, adjusters employ a range of tactics. Being aware of these can help you avoid common pitfalls.

• The Quick Settlement Offer: An adjuster may offer a check for a few thousand dollars within days of the crash. This can be tempting, especially with medical bills arriving. However, this offer is made before you know the full extent of your injuries, the cost of future medical care, or the total amount of your lost wages. Cashing that check means you forfeit your right to seek any further compensation.
• Downplaying Your Injuries: The adjuster may suggest your injuries are not as serious as you claim or that the damage to your vehicle does not seem severe enough to cause significant injury. They are not medical professionals and are not qualified to make these assessments.
• Requesting a Blanket Medical Authorization: The adjuster will ask you to sign a form that gives them broad access to all your medical records, including those from before the accident. This allows them to search for pre-existing conditions they can use to argue your injuries were not caused by the crash.
• Delaying and Stalling: Some adjusters will delay the claims process by not returning calls, repeatedly asking for the same information, or claiming they are still investigating. These delays are often strategic, hoping you will become frustrated and accept a low offer or miss the statute of limitations for filing a lawsuit.
• Shifting Blame: Especially in Alabama, adjusters will look for any reason to assign a portion of the fault to you. They may twist your words or misinterpret the police report to build a case for your partial responsibility.

How Alabama’s Contributory Negligence Law Impacts Your Claim

This last tactic—shifting blame—is particularly damaging in Alabama because of our state’s harsh legal doctrine of pure contributory negligence. This rule is a critical factor in any Alabama car accident claim.

Under this doctrine, if you are found to be even 1% at fault for the accident that caused your injuries, you are legally barred from recovering any compensation from the other driver. It is an all-or-nothing system.

For example, if a court determines that another driver was 99% at fault for running a red light but that you were 1% at fault for going one mile per hour over the speed limit, you would receive nothing. Insurance adjusters know this law well and will use it as leverage. Any statement you make that suggests you were distracted, speeding, or in any way contributed to the crash will be used to argue that you are not entitled to a single dollar.

Calculating the Full Value of Your Claim

To counter a low settlement offer, you must have a clear picture of the full value of your claim. Damages in an Alabama car crash case are typically divided into two categories.

Economic Damages: These are the tangible financial losses you have incurred.

• Medical Expenses: This includes everything from the initial emergency room visit and ambulance ride to hospital stays, surgeries, physical therapy, prescription medications, and any anticipated future medical care.
• Lost Wages: Compensation for the time you were unable to work due to your injuries.
• Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn an income in the future.
• Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.

Non-Economic Damages: These are the intangible losses that do not have a specific price tag but significantly impact your life.

• Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
• Emotional Distress: This includes anxiety, depression, fear, and sleep disturbances resulting from the trauma of the accident.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or family life that you previously enjoyed.

An experienced attorney can help you gather the necessary documentation—medical records, expert opinions, pay stubs—to calculate the full and fair value of both your economic and non-economic damages.

Why Legal Counsel Levels the Playing Field

Dealing with an insurance adjuster on your own puts you at a significant disadvantage. You are recovering from an injury and are unfamiliar with the legal process, while they are handling claims like yours every single day.

Hiring a car accident attorney levels the playing field. An attorney can:

• Handle all communications with the insurance company, preventing you from making any costly mistakes.
• Conduct a thorough investigation to gather evidence, establish liability, and counter any claims of contributory negligence.
• Accurately value your claim by working with medical and financial professionals to assess the full extent of your damages.
• Negotiate aggressively with the adjuster on your behalf, using their knowledge of Alabama law and negotiation tactics to seek a fair settlement.
• File a lawsuit and represent you in court if the insurance company refuses to make a fair offer.

Having a legal advocate sends a clear message to the insurance company that you are serious about protecting your rights and will not be intimidated into accepting an unfair settlement.

An Experienced Alabama Attorney Can Make the Difference

The moments and days after a car crash are stressful and confusing. When an insurance adjuster calls, you should not have to face their tactics alone. Protecting your right to fair compensation begins with understanding the process and having a knowledgeable advocate on your side. If you or a loved one has been injured in a car accident in Alabama, the path to recovery can be long. Let our team at Haygood, Cleveland, Pierce, Thompson & Short, LLP handle the complexities of the insurance claim so you can focus on what matters most—your health and your family.

Contact us today at 334-560-1936 for a consultation to discuss your case and learn how we can help.