7 Red Flags When Dealing with Insurance Adjusters

Dealing with the other driver’s insurance adjuster is one of the hardest parts of an injury claim. The calls are friendly, the tone is helpful, and the questions sound routine. But the adjuster works for the insurance company, and their job is to close your claim for as little as possible.

Most adjuster tactics are not illegal. They work because injured people are hurting, stressed about bills, and new to the process. Knowing the warning signs is usually enough to protect yourself.

1. A Fast, Friendly Offer Before You Have Finished Treatment

Within days of the crash, sometimes hours, the adjuster calls with what sounds like a generous offer: “We want to help you move on. We can have a check out this week.”

That first number is almost always a small fraction of what the claim is worth. The adjuster knows the value of your claim. You do not yet, because you have not finished treatment and nobody knows what your future care will cost. Accepting the check usually means signing a release, and a release ends your right to ask for more, even if your injuries turn out to be far worse.

2. Pressure for a Recorded Statement

“We just need your side of the story on the record.” This is one of the most reliable red flags in the whole process. A recorded statement is not neutral fact-finding. It is a structured interview, and the questions are built to produce sentences the insurer can use later:

• “You’re feeling better today, right?” gets used to argue you were not seriously hurt.
• “Could you have done anything differently?” gets used to blame you for part of the crash.
• Open-ended questions about symptoms mean anything you forget to mention can be treated as if it never happened.
• Guesses about speeds, distances and times get locked in, even though memory is unreliable right after a crash.

3. A Request for a Broad Medical Release

The adjuster sends a release that lets them pull your entire medical history, not just the records for this injury. Then old back pain, a prior sports injury or a years-old car accident becomes the “real” cause of your symptoms.

That argument often ignores California law. Under the rule that a defendant takes the injured person as they find them (California civil jury instruction CACI 3928), an at-fault driver who makes a pre-existing condition worse is responsible for that aggravation.

4. Attacks on Your Treatment, or Checks on Your Social Media

Once they cannot deny you were hurt, many adjusters attack the treatment instead. A gap before your first doctor visit becomes proof the injury was minor. Regular physical therapy becomes “excessive.” An MRI becomes “unnecessary.” Some insurers also look at your social media, and a photo of you at a family barbecue can be used to argue you are not really in pain.

Some insurers also ask you to see a doctor of their choosing for an “independent medical exam.” That doctor is paid by the insurance company, and the exam is often used to downplay your injuries on paper. Talk to a lawyer before you agree to one.

A few adjusters go further and ask your employer, neighbors or doctors about you, or turn up at your home or work without an appointment. You do not have to meet an adjuster who shows up unannounced. Insurers may also hire investigators and check public records as well as social media, so do not accept friend requests from people you don’t know, and ask family and friends not to tag you in photos while your claim is open.

5. Silence, Delays and Repeat Paperwork

Some claims seem to stall. The adjuster is hard to reach, the file gets passed to a new adjuster who needs to “get up to speed,” or you are asked for documents you already sent. Every month of delay puts more pressure on you to take whatever is offered.

6. “This Offer Expires Friday”

Adjusters create urgency: “This offer is only good for ten days.” “We need to close the file this month.” The deadline is manufactured. In most California injury cases you have two years from the date of the injury to file a lawsuit (Code of Civil Procedure section 335.1). Claims against a city, county or state agency are different: you may have as little as six months to file a government claim, so those need attention right away. Our California statute of limitations guide covers the details.

7. The Adjuster Tells You That You Do Not Need a Lawyer

This is the biggest red flag of them all. An adjuster who is treating you fairly has no reason to steer you away from legal advice.

If an adjuster says it, it is a strong sign they expect a lawyer to find money they would rather not pay.

When Delay or a Lowball Offer Becomes Bad Faith

California requires insurers to handle claims fairly. When your own insurance company unreasonably delays, denies or undervalues a valid claim, for example on an uninsured motorist claim, that can be insurance bad faith, and the damages can go beyond what the policy would have paid.

Bad faith works differently when the claim is against the other driver’s insurer. You usually cannot sue that company directly. But an insurer that unreasonably refuses to settle within its driver’s policy limits can end up responsible for a verdict above those limits. A lawyer can tell you which situation you are in.

How a Lawyer Handles These Red Flags

• All communication goes through your attorney: no recorded statements, no off-the-cuff comments, no fake deadlines.
• Your claim is fully documented before any settlement talk: medical records, lost wages, future care and the human cost.
• The insurer knows the case can go to trial, which changes how it values the claim.
• California’s claim-handling deadlines get enforced instead of ignored.
• The settlement covers all of your damages, including future medical costs and lost earning capacity, not just the bills you already have.

What to Do If You See These Red Flags

• Do not give a recorded statement to the other driver’s insurer before getting advice.
• Do not sign a release or a blanket medical authorization until you understand it.
• Get medical care and follow your doctor’s plan.
• Keep a written log of every call, offer and deadline.
• Keep your social media private.
• Get a free case review before accepting any offer.

These red flags do not only come from the other driver’s insurer. You can run into some of them with your own insurance company too, for example on an uninsured motorist claim. The difference is that your policy usually requires you to cooperate with your own insurer, which makes it harder to know where your obligations end. A lawyer can help you meet your policy duties without giving away your claim. For more on your rights, see Dealing with Insurance Adjusters: What Are Your Rights?