After a car accident in Kentucky, you’ll likely need to speak with an insurance claim adjuster. These conversations can significantly impact your claim, as adjusters are trained to minimize payouts for their employers. Knowing what to say—and what to avoid—can protect your right to fair compensation.
Below, we outline how to handle these discussions while safeguarding your legal and financial interests.
Understanding Kentucky’s Insurance System
Before speaking with an adjuster, it’s essential to understand Kentucky’s choice no-fault insurance system. Under this system, drivers can choose between no-fault (Personal Injury Protection, or PIP) coverage and traditional tort-based coverage.
- If you have no-fault insurance, your own insurer covers medical bills and lost wages, regardless of fault, up to a certain limit.
- If you opted out of no-fault insurance, you can pursue a claim against the at-fault driver’s insurance company for damages.
Regardless of your coverage type, insurance companies will investigate the accident, which is why knowing how to communicate with an adjuster is key.
What to Say to a Claim Adjuster in Kentucky
1. Confirm Your Identity and the Basics
When an adjuster calls, you only need to provide:
- Your full name
- Your address and phone number
- The date, time, and location of the accident
- Your insurance policy number
Beyond these basics, you do not need to provide additional details immediately. Adjusters often use these initial conversations to gather statements that could reduce your settlement.
2. Stick to the Facts—Do Not Speculate
Adjusters will ask for your version of the accident. Be factual but do not admit fault or speculate on what happened. If you’re uncertain about specific details, say:
“I’m not sure. The investigation is still ongoing.”
For example, if they ask how fast you were going but you aren’t certain, avoid guessing. A misstatement could be used to argue negligence on your part.
3. Do Not Discuss Injuries in Detail
Never downplay or exaggerate your injuries when speaking to an adjuster. Some injuries, like whiplash or internal trauma, may not be immediately apparent. If asked about injuries, a safe response is:
“I am still receiving medical treatment, and I will provide updates once I have a full assessment.”
Insurance companies may attempt to settle quickly before long-term injuries become evident. By waiting for a medical evaluation, you avoid jeopardizing your claim.
4. Decline Requests for a Recorded Statement
Adjusters may ask if they can record your statement, suggesting it’s a routine part of the process. In reality, recorded statements can be used to find inconsistencies in your responses later.
Kentucky law does not require you to provide a recorded statement. If asked, politely refuse:
“I prefer to provide written communication or consult with my attorney before making any official statements.”
5. Avoid Discussing Fault
Even if you believe you were partially responsible, do not admit fault to the adjuster. Kentucky follows a pure comparative fault system, meaning your compensation can be reduced by your percentage of fault.
For example, if you’re found 30% at fault, your final settlement is reduced by 30%. Since fault determinations rely on evidence from police reports, witness statements, and accident reconstruction experts, let the process play out before making any statements.
6. Do Not Accept an Initial Settlement Offer
Insurance companies may offer a quick, low settlement hoping you’ll accept before realizing the full extent of your losses. If an adjuster makes an offer, do not agree immediately. Instead, respond with:
“I appreciate the offer, but I need time to review my medical bills and other damages before considering a settlement.”
In many cases, the first offer is far lower than what you’re entitled to. Consulting an attorney before accepting any settlement ensures you aren’t leaving money on the table.
When to Involve an Attorney
Kentucky law allows accident victims to negotiate their own claims, but in certain situations, legal representation is highly beneficial. Consider hiring an attorney if:
- The adjuster is pressuring you to accept a settlement before completing medical treatment.
- You sustained serious injuries that may require long-term care.
- Liability is disputed, and you need to prove fault.
- The insurance company is delaying or denying your claim.
Legal professionals understand Kentucky’s personal injury laws and can negotiate on your behalf to secure a fair settlement.
Conclusion
Speaking with a claims adjuster after a Kentucky car accident requires careful wording and a strategic approach. Stick to the facts, avoid speculation, and never admit fault. Most importantly, do not agree to a recorded statement or accept an early settlement without proper evaluation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Kentucky Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.