7 Red Flags to Watch Out for When Dealing with the Other Driver's Insurance


Being involved in a car accident that wasn't your fault is stressful, but the aftermath can often feel like a second collision—this time with an insurance adjuster. While the at-fault driver’s insurance company may sound helpful and friendly over the phone, it is vital to remember that their primary goal is to protect their bottom line. They are not your advocates; they are professional negotiators looking to minimize the amount they have to pay.

Recognizing the subtle tactics used by insurance companies can mean the difference between a settlement that covers your needs and one that leaves you paying out of pocket for years to come. Here are seven major red flags you should watch out for when communicating with the other party's insurer.

1. The "Express" Settlement Offer

One of the most common tactics is the lightning-fast settlement offer. You might receive a call within days—or even hours—of the accident with an offer to "cut a check immediately." While getting cash quickly sounds appealing, especially if you have repair bills piling up, this is a massive red flag.

Accepting an early offer usually requires you to sign a release of all future claims. If you discover a week later that your neck pain is actually a herniated disc requiring surgery, you cannot go back and ask for more money. A fair settlement cannot be calculated until you have reached Maximum Medical Improvement (MMI), which is the point where your doctors know exactly what your long-term recovery looks like.

2. Requests for a Recorded Statement

The adjuster might tell you, "I just need to get your side of the story on the record so we can speed things up." It sounds reasonable, but it is a trap. Recorded statements are designed to lock you into a version of events before you have all the facts or have fully recovered from the initial shock.

Even simple phrases can be twisted. If you say you feel "okay" because of the adrenaline, but wake up in agony the next morning, they will use your recording to argue that you are exaggerating your injuries. You are generally not legally obligated to provide a recorded statement to the other driver's insurance company.

3. Pressure to Sign a Blanket Medical Release

The insurance company may send you a document asking for authorization to access your medical records. While they do need to verify your accident-related injuries, a "blanket" release gives them permission to dig through your entire medical history.

They are often looking for pre-existing conditions. If you had a minor back strain ten years ago, they might try to claim that your current spinal injury wasn't caused by the car accident but is simply a "flare-up" of an old issue. Never sign a medical release without ensuring it is strictly limited to the treatment related to the specific accident.

4. Downplaying the Severity of Your Injuries

If an adjuster says things like, "It was just a low-speed impact," or "Soft tissue injuries usually clear up in a few days," they are attempting to devalue your claim. They use "computerized valuation tools" that ignore the human element of pain and suffering, instead assigning a flat dollar amount based on the vehicle damage.

Vehicle damage does not always correlate with bodily injury. Modern cars are designed to absorb impact, but the force is still transferred to the occupants. Do not let an adjuster convince you that your pain isn't "worth" a certain amount because the bumper only has a scratch.

5. Discouraging You from Seeking Legal Advice

If an adjuster tells you, "You don't need a lawyer, they’ll just take a big chunk of your money," take it as a sign that they are worried about what a lawyer might find. Research consistently shows that claimants represented by attorneys often receive significantly higher settlements than those who go it alone—even after legal fees are deducted.

The insurance company knows that an attorney understands the true value of your case, including non-economic damages like emotional distress and loss of enjoyment of life. If they try to talk you out of legal counsel, it’s usually because they want to keep you in the dark about your rights.

6. Shifting Blame or "Comparative Negligence"

In many states, if you are even 1% at fault, the insurance company can reduce your payout. Adjusters are trained to ask leading questions to get you to admit to even a tiny mistake. For example, "Is it possible you were going one or two miles over the limit?" or "Were you distracted for just a second?"

If the adjuster begins suggesting you were partially responsible despite the police report stating otherwise, they are likely trying to apply comparative negligence to slash your compensation. Stick to the facts and refer them to the official police report.

7. Unexplained Delays and "Ghosting"

Sometimes the red flag isn't what they say, but what they don't do. If your adjuster suddenly stops returning calls, or if they keep asking for the same documents over and over, they may be using a "stall tactic."

The goal is to wear you down until you are so frustrated or financially desperate that you will accept any lowball offer just to end the process. They may also be trying to run out the statute of limitations, which is the legal deadline for filing a lawsuit. If you experience persistent, unexplained delays, it is a clear sign the insurance company is not acting in good faith.

How to Protect Yourself

Knowledge is your best defense. If you spot any of these red flags, the best course of action is to limit your communication. You can politely inform the adjuster that you will provide all necessary documentation in writing once your medical treatment is complete.

Keep a "Communication Log": Write down the date, time, and a summary of every conversation you have with the insurance company. If they become aggressive or misleading, you will have a clear record of their behavior.

Moving Forward with Confidence

Navigating an insurance claim should be about getting you back on your feet, not fighting a battle of wits with a multi-billion dollar corporation. By staying alert to these red flags, you can protect your financial future and ensure that the "not at fault" status of your accident is reflected in your final settlement.


What to Do After a Car Accident That Wasn't Your Fault: A Comprehensive Recovery Guide



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