The short answer
Report the crash to your own insurer promptly and stick to the facts. With the other driver's insurer, give only basic contact and vehicle information. Decline a recorded statement and don't sign a medical authorization or release until you understand your injuries and have had advice. A first offer is a starting point, not a final number.
Common adjuster tactics
Early, low offers
An offer made before you know the full extent of your injuries is priced on what is known now. Once you sign a release, the claim is over, even if you later need surgery.
Recorded statements
The other driver's insurer asks open-ended questions about speed, distraction, and prior injuries. Your answers can be used to argue comparative fault or that your injuries came from something else.
Broad medical authorizations
A blanket release lets the insurer search years of unrelated medical history for a pre-existing condition to blame.
Delay
Slow responses wear down people with bills piling up and push claims closer to filing deadlines.
Social media review
Photos and posts are read out of context. One picture from a good day can be used to dispute months of pain.
Your insurer vs. theirs
Your policy usually requires you to report the crash and cooperate with your own insurer. You generally have no comparable duty to the other driver's insurer, which represents someone whose interests run against yours. For uninsured or underinsured claims, your own insurer becomes the party you negotiate against, so the same caution applies.
What to do
- Keep a log of every call: date, name, and what was said
- Communicate in writing when you can
- Keep all medical bills, records, and proof of missed work
- Finish treatment, or reach a stable point, before evaluating any offer
- Don't post about the crash or your recovery
- Don't let negotiations run past the two-year lawsuit deadline (735 ILCS 5/13-202)
Before you sign a release
A release ends the claim permanently. If you have an underinsured motorist claim, accepting the at-fault driver's limits without notifying your own insurer can jeopardize it. Have the release reviewed first.When to bring in a lawyer
- You were hurt and are still treating
- Fault is disputed, or the adjuster says you share the blame
- The claim was denied or the offer doesn't cover your bills
- The other driver was uninsured, underinsured, or fled
- A government vehicle, rideshare, or commercial vehicle was involved
Primary sources
This article is general information, not legal advice for your situation.