Insurance Claims
What Not to Say to an Insurance Adjuster
How to protect your claim in conversations with an insurance adjuster — from Koenigsberg & Associates Law Offices.
June 22, 2026
After an accident, speaking to an insurance adjuster may seem straightforward, but these conversations can significantly impact your claim. Insurance adjusters are trained to minimize payouts, and they may use what you say against you.
Koenigsberg & Associates Law Offices has extensive experience helping clients throughout New York City handle insurance claims strategically. To protect your rights and maximize your compensation, here’s what not to say to an insurance adjuster — and how we can help you navigate these discussions.
Be Careful What You Say
Adjusters work for the insurer — not for you
Their goal is to resolve claims at the lowest possible cost, often by getting claimants to say things that could weaken their cases. They may appear sympathetic and ask seemingly routine questions, but each one is crafted to protect the insurer’s interests.
“I’m sorry.”
Even a polite apology can be treated as an admission of fault.
“I’m okay” or “I’m fine.”
Many serious injuries take days or weeks to surface — these words can be used to downplay them.
“I didn’t see them.”
Suggests inattention and can be read as accepting partial blame.
“I might have been going too fast.”
Speculating about your own conduct hands the insurer a fault narrative.
“I think the accident happened because…”
Guessing at causes shifts the conversation into speculation an adjuster can twist.
“Sure, you can record this.”
Recorded statements lock you into wording that may be taken out of context later.
In New York, where car accident claims are particularly complex under No-Fault insurance laws, an offhand comment, a mistaken detail, or an attempt to be polite can cost you thousands in potential compensation.
What Not to Say
Six mistakes that can quietly sink your claim
Adjusters are highly trained to use subtle tactics to get information that can be used to reduce or deny claims. These are the missteps we see most often.
Speculating about fault
Avoid statements like “I didn’t see them” or “I might have been going a bit too fast.” In New York’s comparative-negligence system, even small admissions can reduce or deny your claim. Let your attorney handle questions about liability.
Describing injuries too soon
Whiplash, internal injuries, and concussions can take days to show symptoms. Saying “I’m okay” early on lets the adjuster argue your injuries aren’t serious. Keep statements general — “I’m seeking medical treatment” — until you’ve completed your treatment plan.
Agreeing to a recorded statement
Adjusters often call recorded statements “part of the process,” but you are not legally obligated to give one. Even minor inconsistencies or nervous comments can be used against you. Politely decline and refer the request to your attorney.
Sharing specifics of the accident
Stick to basic facts: date, location, vehicles involved. Open-ended descriptions like “I didn’t notice the other car” or “I might have been distracted” give the adjuster room to argue negligence on your part.
Accepting the first settlement offer
Early offers are designed to minimize the insurer’s exposure and rarely reflect the full cost of medical bills, lost wages, and future care. Decline politely and let your attorney evaluate whether the offer is fair before responding.
Apologizing or implying guilt
Saying “I’m sorry” or “I should have been more careful” — even out of habit — can be treated as an acknowledgment of fault. Stay neutral and let your attorney shape the narrative.
Comparative Negligence in New York
Even small admissions matter.
New York’s comparative-negligence principle allows you to recover compensation even if you share some blame — but statements that admit fault can reduce that recovery. Let your attorney handle the questions that matter most.
Adjuster Tactics
How adjusters quietly chip away at your claim
Insurance adjusters are skilled at using tactics to reduce or deny claims. They may downplay the severity of your injuries, suggest your damages are minor, or imply that certain medical treatments are unnecessary. Knowing the playbook is the first step in protecting your case.
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Downplaying your injuries
Adjusters may suggest your injuries are minor or that certain medical treatments are unnecessary, hoping to limit what they pay out.
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Calling treatments excessive
They may imply that procedures are over-the-top or that cheaper alternatives “should have been enough” to cap the compensation you receive.
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Pressuring a quick settlement
Adjusters often hint that further negotiation won’t move the number — pushing you to accept before you understand the full extent of your damages.
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Misrepresenting coverage
Statements like “Your policy only covers up to this amount” may not reflect the true coverage available. Verify everything before you accept any limitation.
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Asking leading questions
Questions like “Could you have done something to avoid this?” are crafted to get you to speculate — and to introduce comparative-fault arguments against you.
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Sounding friendly and casual
Adjusters are trained to be personable. A conversational tone is part of the strategy — it encourages off-the-cuff answers that can later be used against your claim.
Why an Attorney Helps
The benefits of letting an attorney deal with insurers
Koenigsberg & Associates has represented New York City clients in personal injury cases for decades. We know how to protect our clients from insurance company tactics — and how to prevent your words from being misconstrued.
We control the conversation
We communicate with adjusters directly so they only receive carefully vetted information that supports your claim.
We document injuries fully
Our team works with medical experts to ensure injuries are recorded accurately and thoroughly, preventing adjusters from minimizing them.
We evaluate every offer
We measure every settlement offer against the full picture of your damages — medical bills, lost wages, pain and suffering, and future needs.
We know New York’s rules
From No-Fault coverage to comparative negligence, we navigate the state-specific rules that adjusters often use to their advantage.
We leverage our network of medical and accident-reconstruction experts to present a comprehensive view of your damages — one insurance companies find difficult to dispute. From negotiating with insurers to preparing for potential litigation, we advocate for our clients every step of the way.
Frequently Asked Questions
Talking to adjusters: your questions answered
Can I refuse to speak with the insurance adjuster?
Yes. You have the right to refer all communications to your attorney. In fact, doing so often leads to better outcomes — we can ensure only necessary, well-considered information is shared.
What should I do if I already spoke with the adjuster?
Don’t panic. Contact Koenigsberg & Associates so we can review what was said, manage all further communications, and — if necessary — correct or clarify statements with the insurer.
Do I have to answer the adjuster’s questions?
You may need to provide basic information like your name and contact details, but you are not obligated to answer detailed questions. Your attorney can guide you on what to share and when.