Should You Accept an Insurance Settlement After a Car Accident in Georgia?

The adjuster sounds friendly. They say they just need to ask you a few questions. They may ask how the accident happened, how you’re feeling, where you’ve received medical treatment, or whether you’ve had similar injuries before.

They may even offer to send you money right away.

If you have been injured, our advice is simple: do not give the at-fault driver’s insurance company a recorded statement, do not accept a bodily injury settlement, and do not sign a release before speaking with a personal injury attorney.

The insurance adjuster may be courteous and professional, but the adjuster does not represent you. The adjuster works for the insurance company.

And once you settle your bodily injury claim and sign a release, you generally cannot come back later simply because your injuries turned out to be worse than you originally thought.

Why Is the Insurance Company Calling You So Quickly?

Insurance companies investigate and evaluate accident claims from the moment they are reported. When the other driver’s insurer contacts you, it is gathering information that may be used to evaluate liability, your injuries, and how much the company believes it should pay to resolve the claim.

That does not mean every adjuster is trying to trick you. But it does mean you should understand who the adjuster represents.

The insurance company’s interests and your interests are not the same.

The insurer wants to resolve claims on terms that protect its financial interests. You need to make sure the full effect of the collision on your health, work, finances, and future is understood before your injury claim is resolved.

That is why speaking with an attorney before discussing your injury claim with the other driver’s insurance company can be so important.

Should You Talk to the Other Driver’s Insurance Adjuster?

If you have been injured in the accident, we recommend speaking with a personal injury attorney before giving a statement to the at-fault driver’s insurance company.

You may think you are simply explaining what happened. But your statements can become part of the insurance company’s evaluation of your claim.

An adjuster may ask:

• How did the accident happen?
• How fast were you driving?
• Did you see the other vehicle before impact?
• How are you feeling today?
• What injuries did you suffer?
• Have you ever injured that part of your body before?
• Where have you received medical treatment?
• Have you returned to work?

These questions may sound harmless. Your answers may not be.

For example, someone who says, “I’m doing okay,” may simply mean that he or she is managing under the circumstances. The insurer may later point to that statement when evaluating allegations of significant pain.

You might also describe your injuries before diagnostic testing has been completed. What initially feels like soreness may later be diagnosed as a disc injury, torn ligament, concussion, or another condition requiring substantial treatment.

You do not need to diagnose yourself for the insurance adjuster days after an accident.

If you hire an attorney, the attorney can communicate with the at-fault driver’s insurance company on your behalf while you focus on your medical treatment and recovery.

What About a Recorded Statement?

Be especially cautious if the other driver’s insurance company asks to record your conversation.

A recorded statement creates a permanent record of what you said about the collision and your injuries at a particular moment in time.

If liability later becomes disputed, statements about speed, distance, traffic signals, distractions, or what you saw before impact may become important.

Statements about your physical condition can also become important if your symptoms develop or worsen over time.

Before agreeing to a recorded statement for the at-fault driver’s insurance company, talk to an attorney.

Your obligations to your own insurance carrier can be different. Your insurance policy may require timely notice of the accident and reasonable cooperation with your insurer. If you are unsure what you are required to provide your own carrier, an attorney can review the circumstances and advise you.

Why Would the Insurance Company Offer You Money Right Away?

Sometimes an insurance company will make a settlement offer very early in the claim.

Getting a check quickly can sound appealing. You may have medical expenses, car repairs, lost wages, and other financial pressures.

But there is a fundamental problem with settling an injury claim shortly after an accident:

You may not know yet what you are settling.

Days after a collision, you may not know:

• Whether your symptoms will resolve or become chronic
• Whether you will need an MRI or other diagnostic testing
• Whether you have a herniated disc or other significant injury
• Whether you will need injections or surgery
• How long you will need treatment
• How much work you will miss
• Whether your injury will affect your ability to work in the future
• Whether you will have permanent limitations
• What your total medical expenses will be
• Whether additional insurance coverage is available

An early offer may arrive before many of the most important facts about your injury are known.

Do not let the insurance company determine what your injury is worth before you even know the extent of the injury.

Don’t Accept a Quick Settlement Just Because You Need the Money

We understand why an early settlement can be tempting.

A car accident can create financial stress almost immediately. Your vehicle may be damaged. Medical bills may start arriving. You may miss work and lose income.

Then an insurance company offers you money.

Before accepting it, stop and ask what the payment is actually intended to resolve.

A payment for vehicle damage is different from a settlement of your bodily injury claim. If the insurance company asks you to sign a release, you need to understand exactly what rights you are releasing.

Do not sign a bodily injury release simply because an insurance company tells you that a check is ready.

Have an attorney review the situation first.

Once You Settle, You Usually Don’t Get a Second Chance

This is one of the most important things injured people need to understand.

A bodily injury settlement is intended to bring the claim to an end. In exchange for payment, the insurance company will typically require a release.

Once a claim has been fully settled and released, you generally cannot reopen it simply because:

• Your pain did not go away
• An MRI later revealed a more serious injury
• Your doctor recommended surgery
• You missed more work than expected
• Your medical expenses were higher than anticipated
• Your injury caused permanent limitations

That is why the decision to settle should be made based on adequate information—not simply because the insurer made an offer.

The Insurance Adjuster Is Not Your Advocate

There is nothing wrong with an insurance adjuster being friendly. Most adjusters are professionals doing their jobs.

But you should never confuse professionalism with representation.

The adjuster represents the insurance company. Your attorney represents you.

The adjuster’s responsibility is not to identify every possible source of compensation for you, build the strongest possible case for your damages, or maximize the amount you recover.

A personal injury attorney’s job is fundamentally different.

Your attorney can investigate the accident, preserve evidence, evaluate insurance coverage, review medical records, document lost income, communicate with the insurance carriers, assess the effect of your injuries, and advocate for your interests throughout the claim.

What Should You Do When the Insurance Company Calls?

If the at-fault driver’s insurance company contacts you after an accident in which you were injured, you do not need to argue with the adjuster or be confrontational.

You can simply tell the adjuster that you are not prepared to discuss your injury claim and that you want to speak with an attorney first.

Then contact a personal injury attorney.

Until you have received legal advice, we recommend that you:

• Do not give the at-fault driver’s insurer a recorded statement.
• Do not speculate about how the accident occurred.
• Do not minimize or attempt to diagnose your injuries.
• Do not sign a broad medical authorization without understanding it.
• Do not accept a bodily injury settlement simply because it is offered quickly.
• Do not sign a release you do not fully understand.
• Do get appropriate medical care for your injuries.
• Do preserve photographs, bills, wage information, insurance correspondence, and other evidence.
• Do speak with an attorney before making decisions that could permanently affect your injury claim.

How Much Is Your Car Accident Claim Actually Worth?

No attorney or insurance adjuster can determine the value of a legitimate injury claim based solely on the fact that an accident occurred.

The value depends on the individual circumstances.

Important factors can include:

• The nature and severity of your injuries
• Medical treatment and diagnostic findings
• Whether surgery is required
• Future medical treatment
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Permanent impairment or limitations
• Pre-existing medical conditions affected by the crash
• The evidence establishing liability
• Whether fault is disputed
• Available liability and uninsured/underinsured motorist coverage

Many of these factors simply cannot be known immediately after a collision.

That is precisely why you should be cautious when someone wants you to settle immediately.

Frequently Asked Questions About Insurance Adjusters and Car Accident Settlements

Should I talk to the other driver’s insurance company after an accident?

If you were injured, we recommend speaking with a personal injury attorney before giving the other driver’s insurance company a statement about the accident or your injuries. The insurer represents its own interests, and statements you make can affect the evaluation of your claim.

Should I give the insurance adjuster a recorded statement?

We recommend talking to an attorney before giving a recorded statement to the at-fault driver’s insurer. A recorded statement creates a permanent record of your description of the accident and your injuries and may later become important if liability or damages are disputed.

Should I accept the first settlement offer after a car accident?

If you have been injured, do not accept a bodily injury settlement before you understand the extent of your injuries, medical expenses, lost income, future treatment needs, available insurance coverage, and the rights you will give up by settling. Speak with an attorney before accepting the offer.

Why is the insurance company offering me money so quickly?

An early settlement allows an insurance company to resolve the claim and limit future uncertainty. A quick offer is not automatically unfair, but it may be made before the full extent of your injuries and damages is known.

Can I get more money if my injuries get worse after I settle?

Generally, once a bodily injury claim has been fully settled and a valid release has been signed, you cannot simply reopen the claim because your injuries later turn out to be worse than expected. That is one reason speaking with an attorney before settling is so important.

Do I have to talk to my own insurance company?

Your relationship with your own insurance company is different from your relationship with the at-fault driver’s insurer. Your policy may require you to provide timely notice and cooperate with the investigation. If you have been injured and are unsure what information you should provide, ask your attorney for guidance.

Before You Talk to the Insurance Company, Talk to Us

If you have been injured in a Georgia car accident, you do not have to figure out the insurance process on your own.

Before you give the at-fault driver’s insurance company a recorded statement, accept a bodily injury settlement, or sign a release, talk to a personal injury attorney.

At Jarrett & Price, we represent people injured in car accidents throughout Georgia. We deal with the insurance companies, investigate the accident, document our clients’ injuries and losses, and work to pursue the compensation available under the facts of each case.

This article is provided for general informational purposes and does not constitute legal advice. Every case is different, and past results do not guarantee future outcomes.