After a car accident in Pennsylvania, one of the first phone calls you're likely to receive is from an insurance claim adjuster. Whether they represent your insurer or the at-fault driver's insurance company, what you say—or don't say—can have a major impact on your ability to recover compensation.
Pennsylvania follows a choice no-fault insurance system, which usually complicates matters when it comes to determining liability and navigating conversations with insurers. Understanding how to approach these conversations will help you protect your rights and avoid unintentionally damaging your claim.
Here's how to handle that critical call.
Understand the Claim Adjuster's Role
Before you speak with an adjuster, it's important to know what their job entails. Insurance adjusters are hired to evaluate the details of a claim and determine how much the insurance company should pay—if anything at all. While some may present themselves as neutral or helpful, they work for the insurance company, not for you.
Their goal is to minimize payouts and protect their employer's bottom line. That's why being cautious, prepared, and measured in your responses is essential.
What You Should Say to the Adjuster
If you decide to speak directly with a claim adjuster, here are safe and appropriate things to say:
- Basic facts only: Provide your name, contact information, the location of the accident, the date and time it occurred, and the type of vehicle involved. Keep your answers short and stick to what you know for sure.
- Confirmation of insurance: You can verify that you carry insurance and provide your policy number. Do not speculate about the other driver's insurance or admit any assumptions about fault.
- That you are seeking medical attention: Even if you feel okay immediately after the crash, symptoms can develop later. Informing the adjuster that you're getting checked out helps support any potential future injury claim.
- That you plan to cooperate—but prefer to wait: You are not required to give a recorded statement immediately. You can politely let the adjuster know that you'll follow up once you've had time to review the accident, speak with an attorney, or collect more information.
What You Should Avoid Saying
Even a seemingly innocent comment can be twisted to minimize or deny your claim. Avoid the following statements:
- "I'm sorry" or anything resembling an apology: While it's human nature to be polite or express regret, an apology can be misinterpreted as an admission of fault.
- Speculating about the crash: Don't guess about how the accident happened, what the other driver was doing, or what conditions might have contributed. If you're unsure, say so.
- Downplaying injuries: If asked whether you're hurt, don't say "I'm fine" or "it's nothing." Simply state that you're still being evaluated or that you're seeing a doctor.
- Giving a recorded statement: Pennsylvania law does not require you to provide a recorded statement to the other party's insurer. In fact, doing so may limit your options later. Always consult with an attorney before agreeing to a recorded interview.
- Discussing settlements: Avoid talking about money or potential compensation until you have a clearer picture of your damages and legal standing.
How Pennsylvania's No-Fault System Impacts Your Conversation
Pennsylvania drivers can choose between "limited tort" and "full tort" insurance. If you selected limited tort, you may not be able to sue for pain and suffering unless you suffered a serious injury as defined under state law. That means the adjuster may try to discourage you from pursuing further action if your injuries seem minor at first.
However, serious injuries like fractures, head trauma, or long-term impairments may override limited tort restrictions. An adjuster may not explain this nuance clearly—yet it can be the difference between a minor payout and a more comprehensive settlement.
Additionally, Pennsylvania's modified comparative negligence rule means your compensation can be reduced if you are found partially at fault. Saying the wrong thing could later be used to shift more blame onto you.
Tips to Protect Your Claim
To avoid jeopardizing your case, consider these best practices:
- Keep conversations brief and factual. Avoid rambling or oversharing, even if the adjuster seems friendly.
- Take notes during the call. Write down who you spoke with, their contact info, and what was discussed.
- Politely decline a recorded statement. You can say, "I'm not comfortable giving a recorded statement without legal advice."
- Contact an attorney before engaging in detailed discussions. A personal injury lawyer can speak on your behalf and negotiate a fair settlement.
The Importance of Legal Guidance
You're not required to have a lawyer to speak with a claim adjuster, but having one can level the playing field—especially if you sustained injuries or the crash involves disputed fault. Insurance companies handle thousands of claims every year, and they often rely on policyholders' lack of experience to close cases for less than what's fair.
Legal counsel can help you:
- Understand how your insurance selection (limited or full tort) impacts your claim
Gather the right evidence to prove fault and damages
- Avoid common pitfalls when speaking with adjusters
- Pursue compensation for medical bills, lost wages, and other damages
Conclusion
When speaking to a claim adjuster after a car accident in Pennsylvania, your words matter. A calm, cautious approach—focused only on facts you're confident in—can help preserve your legal options and avoid costly mistakes. Never admit fault, don't speculate, and don't feel pressured to provide a recorded statement or accept a quick settlement. If you're unsure about what to say or how to proceed, contacting an experienced attorney is one of the most effective steps you can take.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Pennsylvania car accident 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.