How to Deal with Insurance Adjusters After Being Hit by a Car
Getting hit by a car is a traumatic, life-altering experience. In the moments, days, and weeks that follow, you are likely dealing with physical pain, emotional distress, mounting medical bills, and the overwhelming uncertainty of what comes next. Unfortunately, one of the first challenges you will face is not just physical recovery — it is navigating the insurance process. Specifically, you will almost certainly be contacted by an insurance adjuster, and how you handle that interaction can make or break the value of your claim. Understanding how to deal with insurance adjusters after being hit by a car is one of the most important things you can do to protect yourself and your financial future.
Insurance adjusters are professionals hired by insurance companies — and their primary job is to protect the financial interests of their employer, not yours. That is not a cynical exaggeration; it is simply the reality of how the insurance industry operates. While many adjusters are polite and even seemingly sympathetic, they are trained to gather information that can be used to minimize or deny your claim. Knowing this going in puts you in a far stronger position. This guide will walk you through everything you need to know, from the first phone call to the final settlement, so you can approach the process with clarity and confidence.
What Is an Insurance Adjuster and What Do They Actually Do?
Before diving into strategy, it helps to understand exactly who you are dealing with. An insurance adjuster — sometimes called a claims adjuster — is a person assigned by an insurance company to evaluate an accident claim. Their job involves investigating the circumstances of the accident, reviewing medical records and bills, assessing property damage, and ultimately determining how much, if anything, the insurer will pay out.
There are generally two types of adjusters you may encounter after a pedestrian or car accident. The first is a representative from the at-fault driver's insurance company. The second may be an adjuster from your own insurance company if you are filing a claim under your own policy. Neither of them is acting as your advocate. Even your own insurer, while contractually obligated to process your claim in good faith, has a financial incentive to keep payouts as low as possible. Understanding this distinction is foundational to protecting yourself throughout the claims process.
Do Not Give a Recorded Statement Without Legal Guidance
One of the very first things an insurance adjuster will often request is a recorded statement. They may present this as a routine part of the process, framing it as simply "getting your side of the story." Do not be fooled by the casual tone of this request. A recorded statement is a permanent record of everything you say, and it can be used against you later in the claims process or in litigation.
Adjusters are trained to ask questions in ways that may lead you to inadvertently minimize your injuries, accept partial blame, or contradict yourself later when your full medical picture becomes clearer. For example, they might ask, "How are you feeling today?" — and if you say "okay" or "a little better," that response can later be used to argue your injuries were not serious. The truth is, in the hours or days after an accident, many injuries are not yet fully apparent. Adrenaline masks pain, internal injuries take time to surface, and conditions like traumatic brain injuries or soft tissue damage may not be fully diagnosed for weeks.
You are generally not legally required to provide a recorded statement to the at-fault driver's insurance company. Before agreeing to any recorded conversation, consult with a personal injury attorney who can advise you on what to say, what not to say, and whether giving such a statement is even in your best interest.
Be Extremely Careful About What You Say and When You Say It
Even outside of a formal recorded statement, everything you communicate to an insurance adjuster matters. This applies to phone calls, emails, text messages, and even casual comments. Here are some critical guidelines to follow in all communications with an adjuster:
- Never admit fault or apologize, even partially. Statements like "I should have been more careful" or "maybe I didn't see them coming" can be interpreted as admissions of comparative negligence.
- Avoid speculating about what happened. Stick to facts you know with certainty. If you are unsure about something, say so rather than guessing.
- Do not downplay your injuries. If you are in pain, say so. Avoid using phrases like "I'm fine" or "it's not that bad" when describing your physical condition.
- Do not discuss your medical history unless advised to by your attorney. Adjusters may try to link your current injuries to pre-existing conditions to reduce your payout.
- Do not post about your accident, injuries, or recovery on social media. Adjusters and defense attorneys routinely monitor social media for evidence that contradicts injury claims.
- Keep a written record of every interaction you have with any insurance representative, including the date, time, name of the person you spoke with, and a summary of what was discussed.
These guidelines are not about being deceptive — they are about being careful. You have a right to protect yourself, and exercising that right is not only reasonable, it is smart.
Do Not Accept the First Settlement Offer
If there is one piece of advice that injury attorneys give time and time again, it is this: do not accept the first settlement offer. Insurance companies routinely make early, lowball offers precisely because they know that accident victims are often desperate for financial relief. Medical bills are piling up, you may be unable to work, and the pressure to resolve things quickly can feel overwhelming. Adjusters take advantage of that vulnerability.
The first offer almost never reflects the true value of your claim. It typically does not account for future medical expenses, long-term rehabilitation needs, lost earning capacity, or the full extent of your pain and suffering. Once you accept a settlement and sign a release, you generally cannot go back and ask for more money — even if your condition worsens significantly down the road. This is why it is critical to wait until you have reached what is called maximum medical improvement, meaning your doctors have a clear picture of your full recovery, before agreeing to any settlement figure.
Understand the Full Scope of What You Are Owed
Many accident victims are unaware of all the categories of compensation they may be entitled to pursue. When dealing with insurance adjusters after being hit by a car, it is important to understand that your claim may include more than just immediate medical bills. A comprehensive personal injury claim can encompass:
- Current and future medical expenses, including surgeries, physical therapy, medication, and specialist visits
- Lost wages from time missed at work during recovery
- Diminished earning capacity if your injuries affect your ability to work long-term
- Pain and suffering, including both physical discomfort and emotional distress
- Loss of enjoyment of life if your injuries prevent you from participating in activities you once valued
- Property damage, such as clothing or personal items destroyed in the accident
- Transportation costs related to medical appointments
Insurance adjusters are not going to walk you through this list and make sure you are being compensated for each category. In fact, they are counting on you not knowing about them. Having a knowledgeable legal advocate by your side ensures that nothing is left off the table when calculating the full value of your case.
Gather and Preserve Evidence From the Start
Strong evidence is the foundation of a strong claim. From the moment the accident occurs, you should be taking steps to document everything you can. The more evidence you preserve early on, the harder it becomes for an insurance adjuster to dispute the severity of the incident or your injuries. Key evidence to collect and preserve includes:
- Photos and videos of the accident scene, your injuries, any visible damage, and road conditions
- Contact information for all witnesses who saw the accident occur
- A copy of the official police report filed at the scene
- All medical records, diagnostic imaging, and treatment notes related to your injuries
- A personal injury journal documenting your pain levels, limitations, and emotional state day by day
- Any correspondence from insurance companies, including letters, emails, and written offers
Surveillance footage from nearby businesses or traffic cameras can also be invaluable, but it must be requested quickly before it is overwritten or deleted. An experienced personal injury attorney will know how to act fast to preserve this kind of evidence before it disappears.
Know When to Stop Negotiating and Start Litigating
Sometimes insurance companies simply refuse to offer fair compensation, no matter how well-documented your case is. When negotiations break down or an adjuster continues to make unreasonably low offers, litigation may be the right path forward. Filing a lawsuit does not necessarily mean your case will go to trial — many cases settle after a lawsuit is filed, once the insurance company realizes you are serious and prepared to fight. But it does send a clear signal that you will not be pushed around.
This is where having an experienced personal injury attorney becomes absolutely essential. Navigating the legal system, meeting filing deadlines, handling depositions, and building a compelling case for a judge or jury requires skill that cannot be improvised. In New York, there are strict statutes of limitations governing how long you have to file a personal injury claim, so waiting too long can permanently bar you from seeking compensation.
Why Working With a Personal Injury Attorney Changes Everything
Dealing with insurance adjusters on your own is a significant disadvantage. You are up against professionals who handle these negotiations every day. A skilled personal injury attorney levels that playing field entirely. They handle all communications with the insurance company on your behalf, protect you from making statements that could harm your claim, accurately assess the full value of your damages, and aggressively pursue the maximum compensation available under the law.
At The Selvin Law Firm, pedestrian accident victims and those struck by cars across Long Island and the New York metro area have access to over 30 years of legal expertise in serious injury cases. The firm has achieved a 92% win rate in personal injury cases and has recovered millions in verdicts and settlements for injured clients. With offices in Seaford, Garden City, and Queens, and a no-fee-unless-you-win commitment, The Selvin Law Firm is built to fight for people exactly like you — people who have been hurt through no fault of their own and deserve real justice.
When you work with The Selvin Law Firm, you are not just getting legal representation — you are getting a team that investigates every angle of your accident, collaborates with medical experts to fully document your injuries, handles every insurance communication, and fights relentlessly on your behalf so you can focus entirely on healing. Every client receives personalized, responsive attention from start to finish, because no two cases are the same and no injury should be minimized.
Take Action Before It Is Too Late
Summer is a peak time for pedestrian accidents in New York, with increased foot traffic, outdoor activity, and congested roads creating dangerous conditions. If you or someone you love has been struck by a vehicle, the decisions you make in the coming days and weeks will have a profound impact on your recovery — both physical and financial. Do not navigate those decisions alone.
Insurance adjusters are already working to protect the interests of their employer. It is time to have someone in your corner who is working exclusively for you. Call The Selvin Law Firm at 516-992-0805 or book a free consultation online today. The sooner you reach out, the sooner you can stop worrying about the insurance process and start focusing on getting your life back.
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