# How should you handle the insurance adjuster's call?

Page: Insurance Adjuster After a Car Accident: What to Say
URL: https://roanokecrashlawyerguide.com/claims/insurance-adjuster/
Last reviewed: 2026-10-13

> State only the facts needed to open the claim: your name, the date and place, and the vehicles involved. Decline to discuss fault or the extent of injuries, and decline a recorded statement to the other driver's insurer until you have advice.

## What are the steps for the first call?

The steps below are practical guidance, not a legal rule.

1. **Confirm who is calling.** Ask for the adjuster's name, the insurer, a direct phone number and the claim number. Write them down.
2. **Say the call is not a recorded statement.** If the adjuster wants to record, decline until you have advice.
3. **Give basic facts only.** State your name, contact information, the date and place of the crash, and the vehicles involved.
4. **Decline to discuss fault.** Do not describe how the crash happened beyond what the police report already shows.
5. **Decline to describe your injuries in detail.** Say you are still being evaluated. Injuries and treatment can change.
6. **Do not agree to settle or sign.** Say you will review any document in writing.
7. **End the call politely.** Note the time and what was discussed.

| The adjuster asks | A factual reply |
| --- | --- |
| "How are you feeling?" | "I am being evaluated by my doctor." |
| "Whose fault was it?" | "I would prefer not to discuss fault by phone." |
| "Can I record this?" | "Not at this time. Please send questions in writing." |
| "Will you sign this release?" | "I will review it first." |
| "Can we get your medical records?" | "Please send the authorization and I will review it." |

## Which insurer is calling, and why does it matter?

Your own insurer and the other driver's insurer have different roles. Your insurer is the company you have a policy with, and it may owe you duties under that contract, including coverages such as medical expense benefits and uninsured motorist coverage. The other driver's insurer is adverse to your claim. Its interest is in the liability of its own insured.

Ask which company the adjuster represents before you say anything. For your own policy, read the cooperation terms. For uninsured motorist claims, see [how the claim works](https://roanokecrashlawyerguide.com/virginia-law/uninsured-motorist/).

## Why do statements carry weight in Virginia?

Virginia courts apply contributory negligence as a complete bar to recovery. Under it, a plaintiff whose own negligence contributed to the injury is barred from recovery. A casual remark about speed, distraction or what you could have done can be quoted against you. That is why this protocol keeps statements to bare facts. Read the full explanation on the [contributory negligence page](https://roanokecrashlawyerguide.com/virginia-law/contributory-negligence/).

## What should be documented after each call?

Keep a claim file, on paper or on your phone. After each call, record the date, time, name and company, and what was said. Add:

- the claim number and any reference numbers;
- every document the insurer sends or asks for;
- copies of all medical bills and records, which also matter for liens (see [medical bills](https://roanokecrashlawyerguide.com/claims/medical-bills/));
- lost income records. Under Va. Code § 8.01-35, loss-of-income damages in a personal injury or death suit are not reduced by income reimbursed from another source ([Va. Code § 8.01-35](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-35/)).

Follow up by email when you can. A written record of what the adjuster asked for is easier to rely on than memory.

## Which documents should not be signed without review?

Do not sign any of these until you understand them:

1. **A release.** It may end your claim. Confirm that your treatment is finished and that the amount covers all bills and losses before you consider it.
2. **A medical authorization.** Check which providers, dates and records it covers.
3. **A statement prepared by the adjuster.** If you disagree with any part, do not sign it.
4. **Any settlement agreement or check endorsement that states it resolves the claim.**

Courts must approve certain compromises. A court has power to approve a compromise on behalf of a person under a disability if it is in that party's interest ([Va. Code § 8.01-424(A)](https://law.lis.virginia.gov/vacode/title8.01/chapter15/section8.01-424/)). Wrongful death compromises have their own approval rule ([Va. Code § 8.01-55](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-55/)).

## When should the conversation be handed to a lawyer?

Hand it over when any of these is true:

- You are asked for a recorded statement.
- You are injured and have not finished treatment.
- You are offered a payment or a document to sign.
- The adjuster disputes fault.
- A government body is involved, since a claim against a locality needs written notice within six months ([Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/)).

The filing deadline continues while talks go on. Personal injury suits must be filed within two years ([Va. Code § 8.01-243](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/)). See the [claim deadline checker](https://roanokecrashlawyerguide.com/tools/claim-deadline/) and the [claim timeline](https://roanokecrashlawyerguide.com/claims/timeline/).

## Which Roanoke lawyers can take over an adjuster's calls?

A lawyer can communicate with the insurer for you. See our picks below.

### Our picks for you

Firms that handle these cases, chosen by our editors. Listing is not a ranking or an endorsement of results.

1. **Fishwick & Associates PLC**: 30 Franklin Rd SW Ste 700, Roanoke, VA 24011; (540) 345-5890.
   Practice areas: Bicycle accident; Brain injury; Car accident; Motorcycle accident; Personal injury; Truck accident; Wrongful death.
   Fees: No attorney fee unless the firm recovers compensation on your behalf.
   The initial consultation is free.
2. **Altizer Law, P.C.**: 324 Washington Avenue Southwest, Ste A, Roanoke, VA 24016; (540) 345-2000.
   Practice areas: Car accidents; Truck, motorcycle and bicycle injuries; Wrongful death; Medical malpractice.
3. **Loeschen Law Firm PLLC**: 30 East Clay St. #210, Salem, VA 24153; (877) 645-0683.
   Practice areas: Car accidents; Truck and motorcycle accidents; Slip and fall; Wrongful death.

## Frequently asked questions

### Is a recorded statement required?

You can decline a recorded statement to the other driver's insurer until you have advice. Your own policy may contain cooperation terms, so read it first. A recorded statement can later be compared with your other accounts, which is why speaking with a lawyer first is a reasonable step.

### Should the first offer be accepted?

An early offer may arrive before treatment is complete. Do not accept or sign until you know the extent of your injuries and the bills, and have the offer reviewed. The filing deadline continues to run while you negotiate.

### What is a release?

A release is a document in which a claimant gives up the right to pursue a claim, usually in exchange for payment. Because signing can end the claim, read the wording closely and have a lawyer review it first. Ask the adjuster to send any release in writing so that you have time to review it.

### Can the adjuster contact my doctor?

An adjuster usually asks you to sign a medical authorization first. Read its scope before signing, including which providers, which dates and which records it covers. A broad authorization can reach records unrelated to the crash, so ask a lawyer to review it and limit it to the injuries claimed.

## Sources

- [Va. Code § 8.01-66.2](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-66.2/)
- [Va. Code § 8.01-35](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-35/)
- [Va. Code § 8.01-243](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/)
- [Va. Code § 8.01-424](https://law.lis.virginia.gov/vacode/title8.01/chapter15/section8.01-424/)
- [Va. Code § 8.01-55](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-55/)
- [Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/)