What the Adjuster Said: Common Phrases Decoded
Adjusters use the same handful of phrases on almost every car insurance claim. Pick the one you heard to see what it usually means, what the claim-handling rules say, and a reply you can copy.
- "We need to take a recorded statement." To your own insurer, usually yes: your policy's cooperation clause can require it. To the other driver's insurer, you generally have no contract with them and no duty to record a statement, though refusing everything can slow your claim. A short written statement of the facts is a common middle ground.
- "This is our final offer." It is a negotiating position, not a legal end to your claim. Ask for a written explanation of how the amount was calculated, send a written counter-offer with evidence, and if that fails use your policy's appraisal clause, a complaint to your state insurance department, or small claims court.
- "Your claim is still under investigation." Insurers don't get unlimited time. Under the NAIC model rules most states follow in some form, they must acknowledge a claim within 15 days, accept or deny within 21 days of your proof of loss, and if they need longer, tell you why in writing and update you every 45 days. Your state's exact deadlines may differ.
- "You should file this with your own insurance." You can choose either route. Where liability and damages are reasonably clear, the NAIC model rule says insurers shouldn't push you to your own policy just to avoid paying. Using your own collision coverage can be faster, but you pay your deductible up front and wait for it to be recovered.
- "We're ending your rental on Friday." It depends whose insurance pays. On your own policy, rental reimbursement stops at the daily and total limits you bought. From the at-fault driver's insurer, most states let you recover loss of use for the period reasonably needed to repair or replace your car, which can run past an arbitrary cutoff when the delay isn't your fault.
- "The estimate uses aftermarket parts." Usually yes, unless your policy promises OEM parts. But under the NAIC model rule, an insurer can't require aftermarket crash parts unless they are at least equal to the original in fit, quality and performance, and some states require the estimate to identify them. You can pay the difference for OEM parts.
- "We're taking a betterment deduction." Often allowed, within limits. The idea is that new tires, a battery or other wear parts leave your car better than before the accident. Under the NAIC model rule, betterment must reflect a measurable change in value and be itemized with a dollar amount, and wear-and-tear deductions are capped.
- "We find you 50% at fault." A fault percentage is the insurer's opinion, not a final ruling. It matters a lot: depending on your state, your share of fault cuts your payout or, at 50% or 51% (or any fault at all in a few states), blocks it. Ask how the percentage was set and send evidence that changes it.
- "Sign the release and we'll send the check." A release usually ends that part of your claim for good. Read what it covers: a property damage release should be limited to property damage and not release injury claims. Don't sign under a deadline you don't understand, and don't sign until the amount covers everything listed.
- "You'll need to use one of our preferred shops." Generally you can choose your own repair shop, and many states have laws against insurers steering you. If your shop's estimate is higher, under the NAIC model rule the insurer must either pay the difference or name a shop that will do the repair for its estimate.
Three habits that help with any adjuster
- Get it in writing. After a phone call, send a short email that sums up what was said and ask them to correct anything wrong.
- Ask for the reason. Claim-handling rules expect insurers to explain denials and offers, so ask what the decision is based on.
- Keep dates. Most deadlines run from when the insurer received your claim or proof of loss.
Not legal, financial, or insurance advice. This page summarises rules and data for general education only. Insurance laws, deadlines, and formulas vary by state, by policy, and by insurer, and they change over time. Verify anything important with your insurance policy, your state department of insurance, or a licensed attorney before relying on it. These pages explain common claim-handling rules in general terms. It is not legal advice, and your state's law and your policy decide what applies.