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What You Should Know Before the Insurance Adjuster Calls

The Law Offices of Gold, Albanese & Barletti, LLC  June 4, 2024

Filing an insurance claim for an accident or property damage can make you sweat and second-guess yourself.  So, when the insurance adjuster calls, you must be prepared.  

At The Law Offices of Gold, Albanese & Barletti, LLC, we have handled plaintiff and defense cases for over thirty years. We are resourceful, dedicated, and goal-oriented legal warriors who believe in the power of collaboration.  

And we're here to help you understand how insurance claims work and what you should do before the insurance adjuster pays a visit. 

The Role of an Insurance Adjuster

An insurance adjuster is a professional employed by the insurance company to investigate claims. Their primary goal is to assess the damage and determine the amount the insurance company should pay. And while they may seem friendly and approachable, their ultimate responsibility is to protect the insurance company's financial interests. 

Insurance adjusters carry out a range of tasks during their investigations. These include interviewing claimants and witnesses, reviewing police and medical reports, and inspecting property damage. They gather and document evidence, often taking photographs or recording statements, to form an accurate picture of the incident.  

Insurance adjusters sometimes consult with experts, such as engineers, doctors, or mechanics, to validate the extent of the damage or injuries. This meticulous approach enables them to consider all aspects of the claim before reaching a settlement decision. 

Things To Do Before the Adjuster Arrives

These are some of the things you must do to prepare for their arrival: 

Gather All Necessary Information 

Before speaking with the adjuster, gather all relevant information related to your claim: 

  • Accident or incident reports: These could be police reports, incident reports, or any documentation that details the events leading to the claim. 

  • Medical records or repair estimates: If you've suffered personal injuries or property damage, obtain all medical records, repair estimates, and receipts. 

  • Photographs and videos: Visual evidence of the damage or injuries can significantly support your claim. 

  • Witness statements: If there were any witnesses to the incident, try to obtain their statements or contact information. 

Record Everything

Documenting every interaction with the insurance adjuster is vital. Keep a detailed record of phone calls, emails, and in-person meetings. Note the date, time, and key points discussed. This documentation could serve as crucial evidence if any disputes arise. 

Be Cautious With Your Words

Insurance adjusters are trained to ask questions that might lead you to inadvertently admit partial fault or downplay the severity of your damages. Here are a few tips to navigate such conversations: 

  • Stick to the facts: Provide only the necessary details and avoid speculation or assumptions. 

  • Avoid recorded statements: Politely decline if the adjuster asks to record your conversation. You’re not obligated to provide a recorded statement without legal advice. 

  • Do not sign anything immediately: Consult with a knowledgeable attorney to ensure your rights are protected before signing any documents. 

Know Your Rights

Understanding your rights under the laws of New Jersey, New York, and Massachusetts can give you a significant advantage: 

New Jersey 

The state follows a comparative negligence rule, meaning you can still recover damages even if you are partially at fault, but your compensation will be reduced by your percentage of fault. New Jersey also has a statute of limitations of two years for personal injury claims and six years for property damage claims. 

New York 

New York also follows a pure comparative negligence rule, allowing you to recover damages regardless of your degree of fault, though your compensation will be adjusted accordingly. The state also has a three-year statute of limitations for personal injury claims and six years for property damage claims. 

Massachusetts 

In Massachusetts, the modified comparative negligence rule applies. You can recover damages if you are less than 51% at fault, with the compensation adjusted based on your level of fault. The state has a three-year statute of limitations for personal injury and property damage claims. 

Seek Legal Advice Early

The Law Offices of Gold, Albanese & Barletti, LLC will guide you through the process, protecting your interests at every step.  

While our law firm is large enough to take on big, complex cases, we’re still small enough to give you the personal attention you need and deserve.  

We believe in creating constructive partnerships and communicating all our legal strategies in clear, easy-to-understand language. 

Remember, being well-prepared before speaking with an insurance adjuster can significantly influence the outcome of your claim. 

Speak With a Personal Injury Lawyer

Operating out of Morristown, New Jersey, and serving clients throughout New Jersey, New York, and Boston, Massachusetts, we’re familiar with regional laws and nuances that could impact your case.  

Our diverse legal background, including experience as defense litigation attorneys and municipal court judges, equips us to handle a variety of cases with expertise and precision.  

Give us a call to discuss your situation or to schedule an appointment.