Trick Questions an Insurance Adjuster Might Ask You

After a car accident, you’ll likely be contacted by an insurance adjuster as part of the claims investigation process. While an adjuster’s job is to gather information to assess the value of a claim, they are not always an impartial, trustworthy party.

These professionals work on behalf of their employer, the insurance company responsible for paying out settlements after a crash. This means that adjusters typically look for ways to minimize claims, even if it means using misleading tactics like trick questions to get you to admit fault for the collision.

Knowing the questions an adjuster might ask you, how to answer, and when to direct them to speak with a Louisiana car accident lawyer from Dudley DeBosier on your behalf can help you protect your right to compensation. 

1.    “How Did You React When You Saw the Other Vehicle?”

Insurance adjusters may ask this question to gather insights into your driving behavior and attentiveness during the accident. They’re hoping for responses that might suggest you had enough time to react or were distracted, such as “I saw them but thought they would stop” or “I didn’t see them until it was too late,” which could imply negligence or delayed reaction on your part.

To protect your rights, respond carefully. Provide a brief and factual answer without speculating or admitting fault. For example, you could say “I attempted to avoid the collision as safely as I could.” Avoid discussing your thought process or what you might have seen or done differently. This keeps the focus on the facts and prevents your words from being used against you.

2.    “What Speed Were You Traveling Just Before the Accident?”

Insurance adjusters want to determine if you were driving within the posted limit and if your speed contributed to the severity of the accident. Do not provide a specific speed or admit to exceeding the speed limit, as this could be used to argue that you were driving recklessly. However, you shouldn’t lie and claim you were driving under the speed limit if you know you weren’t, because this can be disproven and put the rest of your testimony into question as well.

Provide a general estimate if necessary, but if you must say something, use phrasing such as, “I believe I was traveling at the speed limit” or “I am unsure, but I was matching the flow of traffic.” These answers are vague enough that they cannot assign blame based solely on your response to this question.

3.    “What Were the Road Conditions Like at the Time of the Accident?”

Insurance adjusters ask about road conditions to evaluate external factors contributing to the accident. They’re looking for responses that indicate challenging conditions, such as “It was raining heavily” or “The road was icy,” which can be used to attribute the accident to weather rather than their policyholder’s negligence.

Protect your rights by accurately describing the road conditions without implying that these conditions excuse any part of any involved driver’s actions. A response like “The road was wet, but I was maintaining a safe speed for the conditions” provides the necessary context while sticking to your cautious approach. This way, you acknowledge the conditions without undermining your position regarding the accident’s cause.

4.    “Were You Distracted Before the Accident Occurred?”

Insurance adjusters want to know if distractions contributed to the accident, which could impact fault and liability. Admitting to distractions, like texting or being on a phone call, could be interpreted as negligence, especially in Louisiana, where using an electronic device while driving is illegal.

Be honest but selective in your response. You might say, “I was focused on the road and my surroundings,” to emphasize your attentiveness. Avoid mentioning any distracting activity, even if it seems innocuous, like changing the radio station or talking to a passenger, that could inadvertently indicate you were at fault.

5.    “How Do You Think This Accident Could Have Been Avoided?”

Insurance adjusters may ask this to uncover any admissions of fault or suggestions that you may have taken action to prevent the accident. Your response might imply that you had the means to avoid the collision but failed to do so, which could be used to argue shared liability. They’re looking for any hint of self-incrimination or acknowledgment that your choices could have changed the outcome.

Provide a neutral response focusing on potential safety measures rather than assigning blame. A safe response could be, “It’s difficult for me to say without understanding all the factors involved.” This answer acknowledges the complexity of traffic accidents without suggesting you were at fault or could have acted differently to avoid the accident. Keep the focus on the facts, and don’t engage in hypotheticals that could undermine your claim.

To Sum It Up…

Whatever questions the insurance adjustor throws at you, the two most important things to remember are:

• Be honest. Stick to the bare facts, and only the facts. Don’t exaggerate, downplay, or make guesses or estimates that could later be proven false.

• Don’t volunteer information. Answer only the questions you are asked, and don’t elaborate.

Get Legal Representation to Handle Insurance Adjuster Communications

Handling trick questions from insurance adjusters requires caution and strategic responses, and it’s far too easy and all too common to slip up and accidentally say something that could harm your claim if you aren’t prepared. This is especially true if you are still shaken from the accident.

While you have the right to speak with an adjuster on your own, the best way to deal with any insurance company representative is to direct them to talk with your attorney. This way your attorney can answer these trick questions on your behalf.

Our Louisiana personal injury lawyers at Dudley DeBosier have years of experience with these tricky conversations. We can easily navigate the appropriate response with an adjuster to protect your rights and ease the burden on you and your loved ones.

Contact us today for a free case review. Let us safeguard your interests when interacting with insurers to get you the compensation you deserve.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.” at the end of every blog.

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