You shouldn't be speaking with insurance adjusters directly. Instead, let our experienced team at Gallagher & Kennedy, led by a skilled Phoenix car accident lawyer, handle these conversations for you. When we represent you, we ask specific questions about liability, insurance coverage, and their evaluation process to protect your interests and maximize your claim's value.
These conversations are challenging because the adjuster's goal is to resolve the claim for the lowest amount possible for their company. This can feel like a conversation with someone who has a completely different set of goals than you do—and that feeling is spot on with reality.
You are likely reading this while recovering from your injuries, and the thought of handling these detailed financial and legal discussions is an unfair burden. This is not a task you have to take on by yourself. Our team at Gallagher & Kennedy handles this process and represents you on all calls with insurance adjusters.
Call us today at (602) 530-8400.
Contact us for a free consultation
The Person on the Other End of the Line
Who Is an Insurance Adjuster?
An insurance adjuster is a professional who investigates insurance claims to determine the extent of the insuring company's liability. Their job is to assess the damage and decide how much the insurance company should pay. They work for the insurance company, not for you—even if they seem friendly and helpful. Their primary duty is to their employer's financial interests.
Why Are They Calling You So Soon?
Insurance companies know that claimants who have legal representation typically receive higher settlements. They may want to get a statement from you before you've had a chance to speak with an attorney or fully understand the extent of your injuries. Early contact is a standard part of their process, aimed at closing the claim as quickly and inexpensively as possible.
The Recorded Statement: A Trap We Help You Avoid
One of the adjuster's first major requests will be for a formal, recorded statement from you. We protect you from this potential pitfall.
Why do they want a recorded statement?
- To lock in your story: They want to get your account on record immediately, before all the facts are known.
- To find inconsistencies: They will compare this statement to everything else you say and to the evidence. Any small difference can be used to question your credibility.
- To get you to say something harmful: They may ask questions designed to get you to unintentionally admit partial fault or downplay your injuries. For example, a simple "I'm doing okay" can be twisted to mean you aren't really hurt.
We handle recorded statements strategically
When you're represented by Gallagher & Kennedy, we control if and when any recorded statement is provided. You are not legally required to provide one to the other driver's insurance company without representation.
What we tell them: "Our client will not be providing a recorded statement without counsel present. All communication regarding this claim must go through our office."
We ensure your rights are protected and that any information provided is accurate and strategically sound.
The First Conversation: Questions We Ask to Establish the Ground Rules
Before we discuss the details of the accident with an adjuster, we establish the framework for all future interactions. These initial questions set the professional tone and protect your rights.
Question 1: "Are you recording this call?"
We ensure transparency by confirming whether the conversation is being recorded. Adjusters will often state this at the beginning of the call, but we always verify. We control when and how recorded statements are provided, ensuring they serve your interests rather than theirs.
Question 2: "Can you please confirm your full name, the insurance company you work for, and the claim number?"
We get the details: This is basic housekeeping, but it's important for our records. We maintain detailed logs of every conversation and interaction.
We confirm who they represent: We ask them to state clearly which person or entity they are insuring to avoid any confusion about coverage.
Question 3: "Have you received the police report and my client's initial claim information?"
This question confirms they have the basic documents. It ensures we are both starting from the same baseline of information and prevents unnecessary repetition of details they should already have.
Questions We Ask About Liability and Fault
Their position on liability determines whether they will pay the claim at all. We press for clear answers.
Question 4: "Have you completed your liability investigation?"
We ask if they have finished looking into who caused the accident. If they say no, we determine what information they are still waiting on and whether we can expedite the process.
Question 5: "Based on your investigation, have you accepted full liability for your insured?"
This is a direct and necessary question that we demand a clear "yes" or "no" answer to. If they hesitate or say liability is "under review," we know they may be looking for ways to place some of the blame on you. Under Arizona law, if you are found partially at fault, your compensation is reduced by your percentage of fault.
Question 6: "If you are not accepting full liability, what percentage of fault are you assigning to our client, and what is the basis for that decision?"
If they try to assign you partial fault, we demand a specific reason, supported by evidence. Our firm challenges unfair fault allocations using the evidence from your case and our extensive knowledge of Arizona law.
Questions We Ask About Insurance Coverage
The amount of available insurance coverage is the ceiling for what you can recover directly from the insurer. We ensure we know these numbers.
Question 7: "What are the policy limits for your insured?"
This is the maximum amount the insurance company will pay for a claim. Adjusters are often reluctant to share this information, claiming they don't have to disclose it. We know how to formally request and obtain this critical information.
Question 8: "Are there any other insurance policies that might apply to our client's claim?"
Sometimes, multiple policies can cover a single accident. For example, if the at-fault driver was working for a company at the time of the crash, the employer might have a separate business policy. We investigate all potential sources of coverage.
Question 9: "Is there MedPay or Personal Injury Protection (PIP) coverage available on our client's policy that should be utilized?"
We also examine your insurance for additional benefits. Medical Payments (MedPay) coverage is optional in Arizona and covers your medical bills up to a certain limit, regardless of who is at fault. We help you access your MedPay benefits to provide immediate financial relief for medical bills while your claim against the at-fault party is pending.
Questions We Ask About Your Injuries and Medical Treatment
Question 10: "What medical records do you need from our client, and what is the scope of any medical authorization form?"
The adjuster will need to see your medical records to verify your injuries. However, the authorization forms they send are often overly broad, giving them permission to access your entire medical history, not just records related to the accident. They can then look for pre-existing conditions to argue your injuries weren't caused by the accident.
We review any authorization form and narrow its scope to only the relevant records, protecting your privacy.
Question 11: "Our client has a pre-existing condition that the accident aggravated. How do you plan to handle that in your evaluation?"
Arizona law allows you to be compensated if an accident aggravates a prior condition. We ask this question directly to test the adjuster's knowledge and intentions. Many adjusters will try to use a pre-existing condition to devalue or deny a claim. We have significant experience in proving aggravation with careful medical documentation.
Question 12: "How will you compensate our client for future medical needs?"
If your injuries require long-term care, physical therapy, or future surgeries, your settlement must account for these costs. We ensure you don't settle before knowing the full extent of your future medical needs, as early offers almost never include these unknown future costs.
Questions We Ask When You Receive a Settlement Offer
When the adjuster makes a settlement offer, we know it's almost never their best offer. We negotiate aggressively on your behalf.
Question 13: "Provide us with a detailed, written breakdown of this offer."
We don't accept vague numbers over the phone. We demand they explain in writing how they calculated their offer, with separate amounts for medical bills, lost wages, and pain and suffering.
Question 14: "What was your basis for any medical bill reductions?"
Adjusters frequently reduce the value of medical bills, claiming the charges were not "reasonable or customary." We demand proof and the specific methodology they used for these reductions.
Question 15: "How did you calculate the value for our client's pain and suffering?"
This is often the most contentious part of a settlement. Many companies use software that inputs a few variables and spits out a number. We understand their methods and use this knowledge as a starting point for aggressive negotiation.
Question 16: "Is this the highest amount you are authorized to offer?"
We put them on the spot with this direct question. The first offer is rarely the final one, and adjusters typically have more authority than their initial offer reflects.
Question 17: "When you increase this offer, what timeline are we working with?"
This signals that we are prepared to negotiate and establishes that we expect a better offer, not whether we'll get one.
How Gallagher & Kennedy Changes the Conversation
When you work with our firm, you don't have to worry about any of these conversations. We handle everything.
- We handle all communication: Once you retain our firm, the adjuster is required to direct all communication through us. The phone calls to you will stop completely.
- We know the law and their tactics: We understand the nuances of Arizona's personal injury laws and the strategies adjusters use to minimize claims. We already know the answers to many of these questions and how to counter their arguments.
- We build the case for maximum value: We gather the evidence, document your damages, and build a comprehensive demand package that anticipates their arguments. Our track record includes securing substantial settlements for our clients, reflecting our thorough approach.
- We shift the burden: Your job is to focus on your recovery. Our job is to handle the legal and financial complexities. We take that weight off your shoulders.
Frequently Asked Questions About Our Approach with Insurance Adjusters
What if the adjuster says my pre-existing condition is the real problem?
In Arizona, the at-fault party is responsible for any aggravation of a pre-existing injury. If the accident made a manageable condition worse, that is part of the claim. We work with your doctors to provide the specific medical evidence needed to prove it.
How long do I have to file a personal injury claim in Arizona?
Generally, you have two years from the date of the injury to file a lawsuit under Arizona's statute of limitations. However, if your claim is against a government entity, the deadline can be as short as 180 days to file a Notice of Claim. This is why it's important to contact us quickly.
Do I have to use the auto body shop the insurance company recommends?
No. In Arizona, you have the right to have your vehicle repaired at a shop of your choice. The insurance company is obligated to pay for reasonable repair costs, regardless of the shop you select. We ensure they honor this right.
The adjuster called me directly and seemed friendly. Should I talk ever to them?
No. While most adjusters are indeed pleasant individuals, remember: their professional duty is to their employer.. Their goal is to settle your claim for the least amount of money possible. Direct them to contact our office instead, and avoid sharing any information about your accident or injuries.
Why shouldn't I just accept the first settlement offer if it covers my current bills?
The first offer rarely accounts for future medical needs, the full extent of lost income, or the total impact of your pain and suffering. Accepting an early offer means you give up your right to seek further compensation, even if your injuries turn out to be more severe than you initially thought. We fight for the compensation you truly deserve.
Let Us Ask the Questions for You
You do not have to become an expert in insurance claims to get the compensation you are owed. You have been through enough. Let our experienced team at Gallagher & Kennedy, led by a trusted Phoenix personal injury lawyer, take over.
We will handle the adjuster, the paperwork, and the negotiations so you can focus on what matters most: your health and your family.
Call us for a free consultation at (602) 530-8400 today.