The insurance adjuster who calls you after a car accident is not there to help you. They are an employee or contractor of the insurance company whose job is to resolve your claim for as little money as possible. Understanding that dynamic — and knowing exactly what to say and what not to say — can mean the difference between a fair settlement and a lowball offer that doesn't cover your medical bills.
What Insurance Adjusters Do
Insurance adjusters investigate claims on behalf of the insurance company. They review police reports, request recorded statements, gather medical records, assess vehicle damage, and evaluate liability. They are trained negotiators working within systems — software programs like Colossus — designed to produce low settlement offers. State Farm, USAA, Allstate, and other major carriers with regional operations handling Mobile and Baldwin County claims all use these systems. The adjuster is not your advocate. They are the insurance company's advocate.
Never Give a Recorded Statement Without Talking to a Lawyer
The most important thing to know: you are not legally required to give a recorded statement to the at-fault driver's insurance company. When an adjuster asks for one, they are looking for inconsistencies, admissions, or minimizations they can use against you later. A simple phrase like 'I didn't see it coming' can be used to suggest you weren't paying attention. 'It happened pretty fast' can be used to undercut your timeline. Politely decline and say you will have your attorney in contact with them.
Alabama's Bad Faith Insurance Law — § 27-12-24
Alabama Code § 27-12-24 prohibits insurers from engaging in unfair claims practices, including refusing to pay claims without a reasonable investigation, failing to act promptly on claims, and compelling insureds to file lawsuits to receive fair payment. When an insurance company engages in these practices, a bad faith claim against the insurer itself — separate from the underlying injury claim — may be available. Alabama courts have awarded significant damages in bad faith cases, which creates leverage that a skilled attorney can use in negotiations.
The Alabama Made-Whole Doctrine
Alabama's made-whole doctrine provides that before an insurer can recover amounts it paid for your medical care through subrogation, you must first be fully compensated for all your damages. This matters because health insurers and other payors frequently assert subrogation liens against injury settlements. In Alabama, if your total recovery doesn't fully compensate you — accounting for medical bills, pain and suffering, lost wages, and future damages — the lienholder's right to recover from your settlement is subordinated to your right to be made whole. This doctrine can significantly affect how settlement funds are distributed.
Adjuster Tactics to Watch For
Common adjuster tactics after I-10, Airport Boulevard, and Baldwin County crashes include: calling within 24-48 hours before you've fully assessed your injuries or retained an attorney; pressuring a quick settlement before the full extent of injuries is known; disputing the severity of injuries without an independent medical examination; pointing to gaps in treatment as evidence you recovered; requesting medical releases that are broader than necessary, giving access to your entire medical history; and presenting a 'final offer' that is actually just an opening position.
What to Do When the Adjuster Calls
Get the adjuster's name, employer, and direct contact information. Tell them you will have your attorney follow up — even if you haven't hired one yet. Do not describe how the accident happened. Do not describe your injuries — they may not have fully manifested. Do not agree to a recorded statement. Do not sign any medical releases. Do not accept any settlement offers. Document every call with date, time, and a summary of what was said. Then contact an attorney before the next call.
At Simmons Law, Chris Simmons handles insurance company negotiations for car accident victims across Mobile and Baldwin County. Contact a personal injury lawyer in Mobile at (251) 306-8333 — the consultation is free.
