Know who you are talking to

An adjuster is the person at an insurance company who handles a claim. After a crash, two adjusters may call you.

Recorded statements

The other driver’s insurer will often ask to record your story, sometimes within days. Words you say while hurting, on pain medicine, or before you have a diagnosis can be used later. They can be used to argue about fault, about your injuries, or about your treatment.

Here is what you should know:

• You can say no to a recorded statement for the other driver’s insurer.
• You can ask to wait until you have talked with a lawyer.
• If you do give one, stick to facts you know. “I don’t know” is a fine answer.
• Do not guess about speed, distance or time.
• Do not say you are “fine” or “just a little sore.” Wait until a doctor tells you what is wrong.

Your own insurer may have a right to a statement under your policy. A lawyer can look at your policy and tell you. If you do give a statement to your own insurer, the same tips apply. Stick to what you know, and do not guess.

Medical forms

An adjuster may mail you a form that lets the insurer get your medical records. This is called a medical authorization.

Be careful with broad forms. Some let the insurer pull every record from every doctor for years. That can include things that have nothing to do with the crash.

A better approach is to share records tied to this injury. Or sign a form limited to certain doctors and certain dates.

Missouri law points the same way. When a lawyer makes a formal settlement offer with a deadline, the law says to include a list of the doctors who treated this injury, with forms for those records. If you are claiming lost pay, the offer also lists your employers (RSMo § 537.058). In other words: records about the injury, not your whole life.

Settlement offers with a deadline

A settlement offer with a deadline is called a time-limited demand. It offers to settle within the insurance limits if the insurer says yes by a certain date.

Since 2017, Missouri has had strict rules for these offers. The offer must be in writing and sent by certified mail. It must stay open for at least 90 days. It must list certain details, like the injuries and who is being released.

A demand that misses a step may not work the way it was meant to. This is one place where having a lawyer matters most.

Releases and early offers

A release is a paper you sign to end your claim. Once you sign, you usually cannot undo it. That is true even if your injury turns out to be worse than you thought.

• Read every word before you sign.
• Do not sign a release until your treatment has gone far enough to know how badly you were hurt.
• Ask if a payment is for one bill or if it ends your whole claim. Those are very different.

If the at-fault driver’s insurer pays some of your bills before trial, that amount is credited against what that driver owes. Settling with one person also lowers what others owe you. See our comparative fault guide.

When the fight is over your own coverage

Sometimes the problem is your own insurer. It may say your policy does not cover the crash. It may pay less than the policy promises. That is a different kind of case. See insurance coverage disputes.

A simple script for the first call

1. Give your name, the date and place of the crash, and your claim number.
2. Get the adjuster’s name, phone number and email.
3. If asked to record, say: “I’m not ready to give a recorded statement.”
4. If asked about injuries, say: “I’m still being treated.”
5. Write down the date and what was said.

Common questions

Related reading

• What to do after a car accident in Missouri
• Uninsured motorist claims
• Insurance coverage disputes
• Missouri comparative fault