Insurance Adjuster Tactics to Watch Out For (And How to Respond)

How to Deal With Insurance Adjusters in New York After an Accident

After an accident in New York, you’re dealing with pain, paperwork, and confusion. Then the phone rings. It’s an insurance adjuster who sounds friendly and helpful. But as the conversation goes on, you might start to feel unsure. Are they really looking out for you? Or are they protecting the insurance company’s bottom line?

At Horn Wright, LLP, we represent clients throughout New York State who’ve been hurt in car accidents, falls, workplace injuries, and more. We know how insurance companies operate, and how they pressure people into accepting less than they deserve. Our personal injury attorneys are here to help you spot the warning signs, respond with confidence, and protect your rights every step of the way.

Know What Insurance Adjusters Do in New York

Insurance adjusters work for the company, not for you. That’s the most important thing to remember. Their job is to investigate the accident, determine fault, and offer a settlement. But they don’t work to get you the highest payout. They work to save the company money.

In New York, insurance adjusters operate under oversight from the New York State Department of Financial Services (DFS). While they’re expected to follow fair claims practices, many still use tactics that put injured people at a disadvantage. 

They might:

• Call you shortly after the accident, before you’ve had time to see a doctor
• Frame their questions to steer your answers
• Suggest a fast resolution to avoid legal action

By understanding their role upfront, you can make informed choices as your claim moves forward.

Recognize the “Quick Settlement” Strategy

After an accident, especially one that leaves you shaken or in pain, a fast settlement can seem like a lifeline. That’s what adjusters count on. In cities like Yonkers or on highways like the FDR Drive, adjusters often reach out within days, hoping to wrap things up before bigger costs show up.

What they don’t tell you is that early offers usually fall far below what your claim is worth. 

They don’t factor in:

• Ongoing medical treatment or therapy
• Future lost wages if you can’t return to work
• Emotional distress or long-term pain

Once you accept a settlement, it’s done. You can’t reopen the claim later, even if your injuries get worse. Take your time. Review any offer with someone who knows how injury claims work in New York.

Watch for Requests to “Give a Statement” Right Away

Insurance adjusters often ask for a recorded statement shortly after an accident, presenting it as a routine step. It may sound harmless, but it’s often a tactic designed to trap you into saying something that weakens your claim. Even simple phrases can be twisted to imply fault. In New York, where compensation is tied directly to fault, what you say matters.

Many people, especially when stressed or in pain, forget details, make assumptions, or unintentionally say something that gets used against them. You’re not required to give a recorded statement, and it’s well within your rights under New York law to decline. Taking time to recover and fully understand the situation can protect your claim.

Don’t Fall for “You Don’t Need a Lawyer” Claims

One of the most common tactics adjusters use is downplaying the value of legal help. They’ll say the process is straightforward. They’ll suggest a lawyer will just slow things down. What they’re really doing is protecting their own leverage.

In serious accidents involving commercial trucks or pedestrian injuries, having a lawyer can dramatically change the outcome of your case. Adjusters know this. That’s why they try to reach you before you have time to talk to someone who understands how New York personal injury laws work.

Legal representation helps you:

• Push back against unfair settlements
• Understand what your injuries are really worth
• Navigate delays, denials, or lowball offers

If someone’s telling you not to get legal advice, take a step back. Ask yourself why they don’t want you to have help.

Be Cautious With Medical Authorizations

After you file a claim, the insurance company may ask you to sign a medical release form. On the surface, it seems reasonable, they need records to evaluate your injury. But the language in these forms is often far too broad.

In New York, you’re only required to share records directly related to the injury. Adjusters, however, may try to access your entire medical history, looking for old injuries or unrelated conditions they can use to question your claim.

Protect yourself by:

• Reading any form carefully before signing
• Asking your healthcare provider which records are relevant
• Limiting what you release to only what’s necessary

Never feel pressured to hand over sensitive information. You have the right to privacy, and that right doesn’t disappear after an accident.

Understand the “Blame Game” Approach

New York’s pure comparative fault system allows you to recover damages even if you’re partly at fault, but every percentage of blame reduces your payout. Insurance adjusters understand this and often try to shift blame by emphasizing small mistakes or raising questions about the details of the incident.

They may reference inconsistent witness accounts or imply that your actions contributed to the outcome. Even being assigned 20% fault means your final compensation is reduced by that same amount. You don’t have to accept their interpretation. Understanding your rights and getting the facts straight can protect your claim.

Notice Delays Meant to Wear You Down

Some adjusters drag things out, hoping you’ll get tired of waiting and accept less. This happens all across New York, from busy urban centers like Albany to rural towns where resources are limited.

Common stalling tactics include:

• Not returning calls or emails
• Claiming paperwork is still under review
• Requesting the same documents multiple times

Why do they delay? Because they know medical bills pile up. Rent comes due. You get more desperate. And with New York’s three-year statute of limitations for personal injury claims, waiting too long could cost you everything.

Track all communication. Take notes on every call. And if it starts to feel like they’re playing games, you’re probably right.

Stay Alert to Surveillance and Social Media Monitoring

You might think your Instagram post of a birthday party has nothing to do with your car accident. But if an adjuster sees you smiling or lifting a bag, they might argue your injuries aren’t real.

In New York, insurance companies sometimes use:

• Private investigators to monitor daily activity
• Social media posts to contradict medical records
• Fitness app data to challenge pain claims

They don’t need a perfect case, just enough doubt. Don’t delete anything, that could backfire, but consider tightening your privacy settings. Avoid posting photos or updates until your claim is resolved.

Prepare for “Independent” Medical Exams (IMEs)

If you’ve filed a no-fault or liability claim in New York, you might be required to attend an Independent Medical Exam. The name is misleading. These doctors are hired by the insurer. And their findings often favor the company.

An IME can:

• Suggest your injuries aren’t as severe as reported
• State you’ve reached “maximum medical improvement” too early
• Disagree with your treating physician’s diagnosis

Prepare by writing down symptoms beforehand. Bring a friend or family member to the exam. Keep records of what was said and done during the appointment.

If the IME doesn’t reflect your reality, speak up. You have options for challenging those results.

Learn How to Push Back Effectively

You don’t need to argue or raise your voice to protect yourself. Most of the time, you just need to slow things down, stay organized, and insist on fairness.

Simple ways to respond to adjuster tactics include:

• Putting all communication in writing
• Keeping a claim diary with dates and notes
• Asking follow-up questions before signing anything
• Politely declining to answer on-the-spot questions
• Reviewing every document with a trusted advisor
• Refusing to be rushed into decisions

New Yorkers are tough. But you don’t need to go through this alone. The more informed you are, the stronger your case becomes.

Stay Informed. Stay Protected.

Insurance adjusters use confusion and pressure to limit your claim, especially in the days after an accident. But with the right information, you can respond with clarity and protect what matters. At Horn Wright, LLP, we help injured New Yorkers assert their rights and pursue fair compensation. Whether you were hurt upstate or in Queens, our team is here to support you. Contact us today if you need guidance.