When you’re recovering from a car accident in Massachusetts, one of the first calls you may receive is from an insurance claim adjuster. While they may sound helpful, their primary job is to minimize the amount the insurance company pays out. Knowing exactly what to say—and what not to say—can protect your rights, preserve your claim, and help you pursue fair compensation.
Why Your Words Matter After a Massachusetts Car Accident
In Massachusetts, the insurance system follows a no-fault structure for most car accidents. This means your own personal injury protection (PIP) coverage will pay for certain medical expenses and lost wages, regardless of who was at fault—up to policy limits. However, if your injuries are severe enough to meet the state’s tort threshold, you may pursue a liability claim against the at-fault driver.
Insurance companies collect statements early in the process to evaluate liability and damages. Anything you say to a claim adjuster can be used to dispute fault, downplay your injuries, or reduce your settlement. That’s why careful communication is critical.
First Steps Before Speaking with a Claim Adjuster
Contact an Attorney Early
In serious accident cases, it’s wise to consult a Massachusetts car accident lawyer before speaking directly to an adjuster. An attorney can handle communications on your behalf, prevent mistakes, and ensure the insurer gets the facts without giving them leverage against you.
Gather Essential Documentation
Before the conversation, collect:
- Police report number and officer’s name
- Photos of vehicle damage and accident scene
- Names and contact details of witnesses
- Medical records or initial treatment summaries
Having this information ready keeps your responses accurate and avoids guesswork.
What You Should Say to a Claim Adjuster After a Car Accident in Massachusetts
Provide Only Basic Facts
Stick to verifiable, straightforward details:
- Your full name and contact information
- Date, time, and location of the accident
- The vehicles involved
- Insurance policy number
Avoid offering theories about what happened or making assumptions about fault.
Confirm You’re Still Being Treated
If you’re receiving medical care, you can say so without going into specifics. For example: “I’m currently under medical treatment and still evaluating the extent of my injuries.” This prevents the insurer from prematurely minimizing your damages.
Direct Requests for Documentation
If they ask for records, you can politely state that you will provide documents through your attorney or after reviewing them yourself. This ensures you have control over the information shared.
What You Should Avoid Saying
Do Not Admit Fault or Apologize
Even casual phrases like “I’m sorry” can be interpreted as an admission of responsibility. In Massachusetts, comparative negligence rules mean that if you are found more than 50% at fault, you cannot recover damages from the other driver’s insurer.
Avoid Speculating About Injuries
Many injuries—especially whiplash, concussions, or soft-tissue damage—can take days to fully appear. If you say you feel “fine,” the adjuster may later use that against you. Instead, state that you are still assessing your condition with your doctor.
Don’t Guess About the Accident Details
If you don’t remember something or aren’t certain, say so. Guesses can be contradicted by evidence and harm your credibility.
How Massachusetts Law Shapes Claim Adjuster Conversations
The No-Fault Insurance Rule
Under Massachusetts’ no-fault law, PIP benefits cover:
- Up to $8,000 for medical expenses and lost wages
- Partial wage replacement if you miss work
- Certain household service costs if you can’t perform them
However, if your medical expenses exceed $2,000 or you suffer serious injuries like fractures, permanent disfigurement, or loss of body function, you may step outside the no-fault system and seek damages from the other driver.
Comparative Negligence Standard
If your case moves beyond PIP, Massachusetts’ modified comparative negligence law applies. You can recover damages if you are 50% or less at fault, but your award is reduced by your percentage of fault.
These rules mean that any statements to an adjuster about how the crash occurred can directly impact whether you can recover—and how much.
Tips for a Productive but Safe Conversation
Keep It Short
The more you talk, the more opportunities the adjuster has to find inconsistencies or extract damaging information. Answer direct questions briefly.
Stay Professional
Even if you’re frustrated, remain calm and polite. Hostile or emotional reactions may be noted in the adjuster’s file and could affect negotiations.
Document the Call
Write down:
- The adjuster’s name, title, and company
- Date and time of the conversation
- Key points discussed
This record can be helpful if there are disputes later.
When the Adjuster Pushes for a Recorded Statement
Insurance adjusters often request recorded statements early in the process. You are not legally required to provide one to the at-fault driver’s insurer in Massachusetts. Providing a recorded statement without legal guidance can lock you into details before all evidence is available.
If you feel pressured:
- Politely decline
- Explain that you’ll respond after consulting your attorney
- Offer to submit a written statement instead
Why Early Settlement Offers Can Be Risky
Soon after the accident, the adjuster may offer a quick settlement. While tempting, these offers often come before you know the full extent of your injuries or the cost of ongoing treatment. Accepting too soon can leave you paying out-of-pocket for medical bills, rehabilitation, or lost income later.
A thorough evaluation of your damages—including future costs—is essential before accepting any offer.
The Role of Your Attorney in Adjuster Communications
Shielding You from Tactics
Attorneys understand how insurance companies operate and can identify strategies aimed at lowering payouts. This includes:
- Leading questions designed to elicit damaging answers
- Attempts to minimize medical care
- Requests for unnecessary or overly broad medical records
Maximizing Your Claim Value
Your lawyer can compile medical evidence, accident reconstruction reports, and witness statements to present a strong case, making it harder for the insurer to dispute liability or damages.
Conclusion
Speaking with a claim adjuster after a Massachusetts car accident requires careful planning. The information you provide can influence whether you receive fair compensation—or whether your claim is reduced or denied. By sticking to the facts, avoiding speculation, and seeking legal guidance, you can protect your rights and position yourself for the best possible outcome. Before engaging with an insurance adjuster, consider consulting a Massachusetts car accident lawyer who can handle communications and advocate for your interests from the start.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.
Contact us now for a free legal review.