After a car accident, an insurance adjuster will likely be one of the first people to contact you. They’ll sound helpful, even sympathetic. But it’s important to understand who they work for: the insurance company—not you.
Their job is to settle your claim as quickly and cheaply as possible. Knowing your rights puts you in a much stronger position to push back, protect your interests, and get the compensation you actually deserve.
Here are eight rights every accident victim should know.
1. You have the right to remain silent (strategically)
You are not legally required to give a recorded statement to the other driver’s insurance company. Adjusters often request these early on, before you fully understand the extent of your injuries or damages. Anything you say can be used to minimize your claim.
You can politely decline or ask to consult with an attorney first. That’s not being uncooperative—that’s being smart.
2. You have the right to seek your own medical evaluation
Insurance companies may push you toward their preferred doctors or suggest your injuries aren’t as serious as reported. You have the right to see your own physician and get an independent medical evaluation. Your health—and your medical records—belong to you.
3. You have the right to dispute a low settlement offer
The first offer is rarely the best one. Adjusters are trained negotiators who often make intentionally low opening offers. You have the right to reject the offer, ask for a written explanation of how it was calculated, and provide evidence to support a higher amount. Don’t let urgency pressure you into accepting less than you deserve.
4. You have the right to know what your policy covers
If you’re dealing with your own insurer, they are obligated to explain your coverage clearly. Ask for a written breakdown of what’s included, what’s excluded, and how your deductible applies. Vague or evasive answers are a red flag.
5. You have the right to take your time
Insurance companies sometimes create a false sense of urgency, pushing claimants to sign releases or accept settlements before they’re ready. You have the right to take a reasonable amount of time to understand what you’re signing.
Be especially cautious about signing anything that releases the insurer from future liability—once signed, you typically cannot reopen the claim, even if new injuries or damages surface later.
6. You have the right to appeal a denied claim
A claim denial isn’t the end of the road. You have the right to request a formal written explanation and file an appeal. In many cases, claims are denied due to missing documentation or procedural issues—both of which can be corrected.
If the denial seems unjustified, escalating to your state’s insurance commissioner is also an option.
7. You have the right to legal representation
You don’t have to face an insurance company alone. Hiring an attorney—especially one familiar with local laws and insurers—can significantly change the outcome of your claim. A Draper car accident attorney, for example, can handle communications with adjusters, gather evidence, and negotiate on your behalf.
Research consistently shows that claimants who are represented tend to receive higher settlements than those who handle it alone, even after accounting for legal fees.
8. You have the right to file a bad faith complaint
Insurance companies are legally required to handle claims fairly and in good faith. If an adjuster is unreasonably delaying your claim, misrepresenting your policy terms, or making lowball offers without justification, that could constitute bad faith insurance practices.
You can file a complaint with your state’s department of insurance, and in serious cases, pursue legal action against the insurer directly.
Protect yourself from the start
Knowing your rights is only half the battle—exercising them is where it counts. Document everything: photos from the scene, medical records, repair estimates, and every communication with the insurance company. Keep a written log of dates, names, and what was discussed.
If you’re feeling overwhelmed or unsure whether an adjuster’s behavior is appropriate, consulting with a car accident attorney early can help you understand exactly where you stand. Many offer free initial consultations, so there’s little risk in asking.
The claims process is rarely as straightforward as insurers make it seem. But with the right knowledge—and the right support—you’re far better positioned to come out with a fair result.
