The other driver’s adjuster calls within days, sounding helpful. “We just need a statement to process the claim.” It feels cooperative. It isn’t. That call is the insurer’s first chance to lower your value. Here’s how to handle every interaction.
The Short Answer
You are not required to give a recorded statement, sign anything, or accept an early offer from the other driver’s insurer. Politely decline, refer them to your lawyer, and let the record speak. Everything you say is used to minimize the payout.
The Recorded Statement Trap
The adjuster wants your voice on tape describing the crash β before you know your injuries. A small inconsistency becomes “he contradicted himself.” Decline. If your own insurer requests one under your policy, that’s different; the other side’s request is optional and almost never in your interest.
A Real Example: The Casual Call
A Brockton client took a “quick” recorded call and said he was “mostly okay, just sore.” The insurer played it against his later herniated-disc diagnosis for months. We overcame it, but the casual answer cost leverage a statement taken after treatment wouldn’t have.
The Early-Offer Play
The first offer arrives before your treatment ends and before the insurer knows the real cost. It’s a test. Don’t take it. (We cover the math in our post on first offers β the short version: the number is never the value.)
The Medical Authorization Trick
They’ll ask for your entire medical history. Don’t sign a blanket one. Provide only accident-related records, limited to relevant dates and providers. Otherwise they mine old complaints to blame current pain on the past.
A Second Example: The Authorization That Backfired
A client signed the blanket authorization. The insurer found a decade-old knee note and argued his crash injury was pre-existing, dropping the offer by $9,000. A limited authorization would have prevented it. The lesson: control what they see.
The Massachusetts Angle
Under Chapter 93A / 176D, an unfair claims practice β like leveraging a recorded statement to lowball β can expose the insurer to multiple damages. A lawyer doesn’t just protect you from these tactics; he uses them as leverage when they cross the line.
What Happens When You Call Shea Culgin Law
We send letters of representation so the insurer deals with us, not you. No more calls, no statements, no pressure. Call 508-510-5107.
The “Friendly” Follow-Up Calls
The adjuster doesn’t stop after the first call. Friendly check-ins follow β “just seeing how you’re doing,” “can you confirm a few details?” Each is another chance to gather statements you didn’t mean to give. The script is consistent: polite, persistent, and always building a file against you. The cleanest defense is the letter of representation that ends your direct contact entirely. Once we’re in the loop, those calls go to us, where they belong.
When the Adjuster Offers to “Help With Your Medical Bills”
An offer to pay bills directly can feel kind β and can be a trap. It may come with a release, or with an admission that quietly limits your claim, or with PIP coordination done in the insurer’s favor. Medical bills are handled through PIP and the claim; letting the adjuster “help” outside that structure often costs more than it saves. Route it through counsel so the payment helps you, not the file against you.
Frequently Asked Questions
Do I have to talk to the other driver’s adjuster?
No. You’re not required to give a recorded statement or accept an early offer. Politely decline and refer them to your lawyer.
Should I sign the medical authorization they send?
Not a blanket one. Provide only accident-related records, limited to relevant dates and providers, so they can’t mine old history.
Why is the early offer a trap?
It arrives before treatment ends and before the real cost is known. It’s a test of whether you’ll take less than the case is worth.
What does a lawyer do with the adjuster?
Sends a letter of representation so the insurer deals with counsel, not you β stopping the statements, pressure, and lowball tactics.
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