An Insurance Adjuster Called After Your Crash? Talk With Us First

If an insurance adjuster called after a serious crash in West Virginia, here is the short answer: the adjuster works for an insurance company, not for you. You can slow the call down, answer only what you know directly, and keep a written record of every contact. This guide explains what the call usually means, what to say and hold back, and when talking with the firm may help. If you are still recovering, take it one step at a time.

Why an Insurance Adjuster Is Calling You After a Serious Crash

An insurance adjuster is a claims worker who evaluates a claim for an insurance company. The call is usually part of that claim process, not a court proceeding. Adjusters often reach out soon after a crash, sometimes before anyone knows the full extent of your injuries. That timing matters. The adjuster may work for your own insurer or for the insurer of the other driver. Either way, the adjuster’s job is to protect the company’s side of the claim. Some insurers may dispute a claim or question who caused the crash. Families may get these calls too after a fatal crash, and the same care applies. You do not need to settle anything on the first call. Taking a few days to review what was said is a reasonable step, especially if you are in pain or taking medication.

What to Expect From an Insurance Adjuster

Adjusters usually start with basic facts. You can expect questions about the date, time, and place of the crash, your contact and insurance details, and the police report number. They may ask which vehicles were involved, where you were treated, and which medical providers you saw. Some adjusters send forms, such as medical authorizations, wage forms, or property damage requests. Some ask to record the call or request a recorded statement. Each request asks something from you, so learn what each one is before you respond. Keep a simple log. Write down the date, time, adjuster’s name, company, and claim number for every call and letter. A log helps you track what was asked and what was promised. If your injuries are severe, the firm’s guide to catastrophic injury claims covers serious injuries and the claims that can follow them.

What to Say and What to Hold Back on the Call

Keep your answers short and factual. Give the date, the road, and the vehicles involved, as far as you know them directly. Do not guess about speed, distance, or who caused the crash. A guess can be repeated later as if it were a fact. Be careful with phrases like “I’m fine” or “it’s just a bruise.” Some head and spine injuries can show symptoms days or weeks after a crash. An early comment may later be used to question your claim. You can also decline to discuss your full medical history or share opinions about the crash until you understand your situation. If a question confuses you, say you need time to review it. Then ask for the question in writing. Writing forces both sides to be precise, and it gives you a clear record to answer later.

Recorded Statements, Medical Authorizations, and Early Offers

A recorded statement can be used later in your claim. Before you agree, ask what it is for and who will hear it. West Virginia law limits early settlement contact after an injury. Under W. Va. Code § 55-7-11a, a person generally may not negotiate a settlement, seek a release, or obtain a statement for that purpose within twenty days of a personal injury. This applies when the injured person is an inpatient in a hospital or is partially or totally unable to engage in his or her usual trade, profession or occupation. The injured person can ask for that contact only in a narrow case: a person acting for the injured person may obtain a statement upon the injured person’s express request. The ban on negotiating settlements and obtaining releases still applies, and the rule does not turn on who starts the contact. The same statute lets an injured person disavow a settlement, release, or statement made in violation of it within one hundred eighty days by executing a written statement of disavowal and forwarding a copy to the person who violated the statute. Any money paid must be repaid for that disavowal to take effect. Medical authorization forms may reach more records than the injury at issue, so read the scope before you sign. An early offer made before treatment ends may not reflect later care. A signed release may limit what you can pursue afterward. Ask for every offer and release in writing, and take time to review it.

Protecting Your Records, Evidence, and the Crash Report

Keep every medical bill, prescription receipt, appointment note, and work absence record. Follow the treatment plan your providers recommend, and tell them about every symptom. Photos of vehicles, the roadway, and visible injuries taken soon after the crash can be useful. Crash reports usually come from the law enforcement agency that investigated the crash. The report may list witnesses and the report number your adjuster asks for. Posts on social media can be seen by an insurer, so many people pause posting while a claim is open. If the other driver left the scene, the claim may raise different insurance questions. W. Va. Code § 33-6-31 reads: “unless it contains an endorsement or provisions undertaking to pay the insured all sums which he or she is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than the requirements of section two, article four, chapter seventeen-d of this code, as amended from time to time: Provided, That such policy or contract shall provide an option to the insured with appropriately adjusted premiums to pay the insured all sums which he or she shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle up to an amount of $100,000 because of bodily injury to or death of one person.” If a commercial truck was involved, the trucking company or its insurer may contact you early. Keep a list of everyone who calls. Cargo problems can matter too. The West Virginia Division of Motor Vehicles states that unsecured cargo can cause serious or catastrophic crashes (Drive Safe, Secure Your Load).

Deciding Your Next Step After a Serious Crash

Answering an adjuster’s questions has real consequences. The right response can vary with your injuries, the crash itself, and the coverage that applies. Fault matters too. Under W. Va. Code § 55-7-13c, fault chargeable to you generally does not bar recovery unless it is greater than the combined fault of others. W. Va. Code § 55-7-13c reads: “(c) Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded.” If your share is smaller, recovery is reduced in proportion to your fault. Deadlines also matter. West Virginia generally allows two years to file a personal injury action, and exceptions may apply (W. Va. Code § 55-2-12). If an adjuster’s call has you unsure whether to answer, sign a form, or accept an offer, bring the letters, notes, and medical paperwork to a free case review. We can talk through how West Virginia rules may apply to your situation.