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Your Lawyer vs. the Insurance Adjuster: Who Is Actually on Your Side?
Short answer
Is the insurance adjuster on my side after a California accident?
No. An insurance adjuster is employed by the insurance company and is responsible for resolving your claim for the least amount the company reasonably has to pay. Your own attorney owes you a fiduciary duty and is paid only out of what is recovered for you. Both may be polite and professional; only one of them represents your interests.
The insurance adjuster vs. Your own attorney at a glance
| Factor | The insurance adjuster | Your own attorney |
|---|---|---|
| Who pays them | The insurance company | You, from the recovery — no recovery, no fee |
| Legal duty | To the insurer; a duty of good faith to its own insured only | Fiduciary duty to you, the client |
| How the claim is valued | Internal claims software and reserve limits | Medical records, wage loss, future care, comparable verdicts |
| Recorded statements | Requested early, used to limit value | Handled or declined through counsel |
| Ability to file suit | None — the adjuster is not your representative | Full litigation and trial options |
| Medical liens | Left to you after settlement | Negotiated as part of resolution |
What an adjuster is actually doing on the call
An adjuster's job is to investigate the claim, set a reserve, and close the file at or below that number. Friendly early contact is standard practice — it produces a recorded statement and a signed medical authorization before the injured person understands the extent of their injuries.
Nothing about this is improper. It is simply an adverse process, and it should be treated as one.
What to say and not say to an adjuster
Confirm your name, the date of the crash, and the vehicles involved. Do not guess about speed, distance, or fault, do not describe your injuries as "fine" or "minor" while you are still treating, and do not agree to a recorded statement before you have spoken to a lawyer.
If you are already represented, tell the adjuster who your attorney is and end the call. Once counsel is on record, the insurer must go through them.
When calling a lawyer changes the outcome
Ongoing treatment, disputed liability, a commercial or government vehicle, or an early offer that arrives before your treatment is finished are all reasons to have counsel evaluate the file first.
Hollywood Injury Law Center offers a free consultation and charges no fee unless we win your case. Call (323) 850-0101 before you give a statement or sign a release.
Frequently asked questions
- Do I have to give the other driver's insurer a recorded statement?
- Generally no. You typically have a contractual duty to cooperate with your own insurer, but not with the other driver's carrier. Ask a lawyer before agreeing to either.
- Can the adjuster tell me what my case is worth?
- An adjuster can tell you what the insurer is willing to pay today, which is not the same thing as what the claim is worth once treatment, wage loss and future care are documented.
- Is it too late to get a lawyer if I already spoke to the adjuster?
- No, as long as you have not signed a settlement release. Bring every document, email and recording you have to the consultation.
Talk it through with an attorney — free
Hollywood Injury Law Center represents injured people across Los Angeles County from our West Hollywood office. No fee unless we win your case.
This page is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed to practice in California. Prior results do not guarantee a similar outcome.