Attorneys
After a personal injury, one of the first people you will hear from is an insurance adjuster. They may introduce themselves with a friendly tone, express concern about your well-being, and assure you they are there to help.
Do not be fooled. Despite the pleasant approach, the insurance adjuster working on the other side of your claim is not your advocate, your ally, or your friend. Their job, every single day , is to pay personal injury victims as little as possible. Understanding that reality from the very beginning is one of the most important steps you can take to protect your injury compensation.
The Insurance Company Is Not on Your Side, and Is Not Required to Be
This is not a matter of opinion. It is a legal and financial reality that every personal injury victim in Iowa should understand before picking up the phone to speak with an adjuster.
When you are dealing with the insurance company representing the party who injured you, whether that is a negligent driver, an employer, or another at-fault party, that company has no legal obligation to represent your best interests, tell you the truth, or treat you fairly.
Insurance companies are in the business of generating profit, and the most direct way to increase that profit is to reduce what they pay out on claims like yours.
Adjusters who successfully minimize personal injury settlements are often rewarded with promotions and bonuses. That friendly voice on the phone has a financial incentive to close your case for as little as possible. Knowing this is not about cynicism, it is about protecting yourself.
Even your own insurance company is unlikely to go to bat for you the way you might expect. While your insurer may pursue property damage recovery on your behalf, it is highly unlikely they will actively pursue a personal injury claim for you.
The bottom line is simple: in an injury case, the only person who is truly looking out for you is you, and ideally, the personal injury attorney you choose to represent you.
Common Adjuster Tactics Used to Undermine Personal Injury Claims
Insurance adjusters are trained professionals who handle claims full-time. They use a well-established playbook of adjuster tactics designed to gather information, damage credibility, and ultimately reduce injury compensation. Here is what to watch for:
The "Mr. Nice Guy" Routine
When injuries are serious and potential compensation is high, adjusters will often go out of their way to seem sympathetic and trustworthy. This is a deliberate strategy. The goal is that you let your guard down, share information you should not, or agree to something that hurts your case. The nicer they seem, the more cautious you should be.
Requesting Full Access to Your Medical Records
An adjuster may request authorization to access your medical records, framing it as a routine necessity to evaluate your claim. What they may not tell you is that a broad medical release gives them access to your entire medical history, not just records related to your injury.
They are looking for any prior conditions, treatments, or diagnoses that could be used to argue your current injuries are pre-existing, exaggerated, or unrelated to the accident.
You have the right to refuse a broad release. Once a personal injury claim is initiated, only medical documentation directly related to the accident should be required.
Pushing for a Recorded Statement
One of the most common and adjuster tactics is to request a recorded statement. Adjusters are trained to ask questions in ways that can be misleading, confusing, or designed to cause damaging answers, often without the claimant realizing it.
For example, consider a seemingly simple question: "Have you ever had back problems before?" If you say no but medical records show a chiropractic visit from years ago, your credibility is damaged, not because you were dishonest, but because you could not recall old treatment. That credibility damage can significantly reduce your injury compensation or lead to a denial of your claim.
In most personal injury cases, you are under no obligation to give a recorded statement to the opposing insurer. Do not agree to one without first consulting a personal injury attorney.
Surveillance
Assume you are being watched. Insurance companies routinely hire investigators to observe and photograph claimants. Footage of you mowing your lawn, carrying groceries, or performing any activity that appears inconsistent with your claimed injuries can be used to minimize or deny your claim, even if the footage does not show the full picture of your daily pain and limitations. Always follow your doctor's instructions.
The Low-Ball Quick Settlement
Shortly after a personal injury, when medical bills are piling up and lost wages are mounting, an adjuster may approach you with a settlement offer. It will likely feel inadequate, because it is.
These early offers are designed to close your case quickly and cheaply, before you fully understand the long-term extent of your injuries. If you accept and sign a release, you typically forfeit any right to additional compensation, even if your medical condition worsens significantly.
The insurer's stated "final offer" is very rarely their actual best offer. Experienced personal injury attorneys know this and know how to push back.
Discouraging You from Hiring an Attorney
If an adjuster advises you that you do not need a lawyer, that is itself a red flag. They know that once a personal injury attorney enters the picture, the tactics described above become less effective. An attorney who deals with insurance companies daily will not be misled, pressured, or underpaid.
5 Things the Insurance Company Does Not Want You to Know
Beyond the tactics above, there are several key facts that insurers count on injured Iowans not knowing. Being informed about these realities can be the difference between fair compensation and a costly mistake.
1. They are not legally required to tell you the truth.
There is no law requiring the opposing insurer to be honest with you, tell you about your rights, or guide you toward the best course of action. Everything they say should be received with this in mind.
2. You do not have to give them a recorded statement.
Adjusters will sometimes claim a recorded statement is required to process your claim. In personal injury cases involving a third-party insurer, this is generally not true. Do not provide one without legal guidance.
3. Their "final offer" is usually not their best offer.
Insurance companies use the phrase "final offer" as a pressure tactic. In most cases, there is room to negotiate or to escalate through litigation to reach a fair resolution.
4. They will use frustration as a weapon.
Slow responses, lowball offers, and bureaucratic delays are not accidents. They are deliberate strategies designed to wear you down until you accept less than you deserve just to be done with the process. Recognize the tactic for what it is.
5. Telling you to send medical bills to them is not the same as paying them.
In personal injury cases, it can take years to resolve a claim. If you rely on the opposing insurer to cover medical bills as they come in, you may find yourself facing collection calls, damaged credit, and mounting debt long before any settlement is reached. Your health insurance and any medical payments coverage under your own auto policy are typically a better path for managing bills in the interim.
What You Should, and Should Never, Do When Dealing with an Adjuster
Protecting your personal injury claim requires deliberate, consistent action from day one. The following steps are critical:
Always tell the truth.
Anything you say to an adjuster can and may be used against you. A single inconsistency, even an innocent one, can damage your credibility and your case. If you do not know the answer to a question, say so. Do not guess.
Document everything.
Keep a detailed journal of your injuries, symptoms, pain levels, and how your injuries affect your daily life. Track every medical appointment, every missed day of work, and every expense connected to your injury. This documentation directly supports the value of your injury compensation claim.
Attend all medical appointments, and keep attending them. In the eyes of an insurance company, a gap in medical treatment is evidence that you have recovered. Even if your doctor tells you to follow up "as needed," go back if you are still experiencing pain or limitations. Missing appointments gives adjusters ammunition to argue that your injuries are minor or resolved.
Be thorough with your medical providers. Tell your doctor about every symptom, every limitation, and every way the injury is affecting your life. If you do not report a problem at your appointment, it will not appear in your medical records, and the insurance company will claim it either did not exist or was not related to the accident.
Do not accept a settlement or sign a release without consulting an attorney.
Once you sign a release, your case is effectively closed. There is no going back if your injuries worsen or new complications emerge. A personal injury attorney can evaluate whether an offer reflects the true value of your claim before you agree to anything.
Do not give a recorded statement without legal advice.
As discussed above, these statements are used against claimants, not to help them. Politely decline until you have spoken with an attorney.
Why a Personal Injury Attorney Changes Everything
The single most effective step you can take after a personal injury is to have an experienced attorney on your side. Adjusters know that represented claimants are far harder to underpay. Your attorney handles all communications with the insurance company, protects you from harmful tactics, ensures your documentation is complete, and negotiates from a position of knowledge and experience, the same position the insurer occupies when dealing with unrepresented claimants.
Suffering from the aftermath of a personal injury shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.
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