Scripted responses · attorney-tone

What to say when the adjuster says X.

The first 30 days of a claim are when most plaintiffs accidentally undermine their case. The scripts below handle the six most common adjuster tactics with attorney-tone language that preserves the case without escalating to confrontation.

Informational only

These scripts are general templates, not legal advice. They will not be optimal in every case, and there are situations where saying nothing at all is better than saying any of the responses below. Consult an attorney licensed in your state for case-specific guidance.

The scripts

Each entry below has three parts: what the adjuster typically says, a sample response that preserves your position, and the rationale that explains why the response is structured the way it is. Use the response as a starting point, adapt it to your specific case facts, and prefer written communication (email) over phone calls so there is no risk of mishearing.

01

"We need to take your recorded statement before we can move forward."

Suggested response: I am happy to provide a written summary in the next 48 hours. I will not give a recorded statement at this time, and I am not required to under my policy or yours. Please email me confirmation of the claim number and the adjuster of record.

Why this works: No state requires plaintiffs to give a recorded statement to the at-fault carrier as a condition of claim payment. Recorded statements lock in admissions before the medical picture is clear; written summaries do the same factual work without the risk.

02

"Our initial settlement offer is $1,500."

Suggested response: Thank you for the offer. I am not in a position to evaluate a settlement number until I have completed medical treatment and received a full prognosis. I will provide a comprehensive demand package once I reach maximum medical improvement.

Why this works: Adjuster first-offers are deliberately low to anchor the negotiation. Refusing to engage at the anchor preserves negotiating room. Settling before MMI undervalues future damages and forecloses claims for ongoing treatment.

03

"We need a signed medical authorization to evaluate your claim."

Suggested response: I am happy to provide specific medical records relevant to this incident, redacted to remove unrelated history. I will not sign a blanket medical authorization. Please send me a list of the specific providers and date ranges you need.

Why this works: Blanket medical authorizations let the carrier mine your unrelated medical history to manufacture pre-existing-condition defenses. Targeted authorizations or self-provided records preserve evidentiary scope without exposing private history.

04

"Did you feel pain immediately at the scene?"

Suggested response: I am happy to provide the documented timeline through medical records. I am not in a position to characterize my subjective pain experience to the carrier outside of those records.

Why this works: Adjusters often use subjective-pain questions to manufacture inconsistencies. Saying "I did not feel anything at the scene" can be used to argue the injury arose from something else. Channeling everything through medical records prevents the trap.

05

"We have determined that your client is 40% at fault, so we will only pay 60% of damages."

Suggested response: I disagree with the 40% allocation. The police report attributes [X]% to your insured. Please send the basis for the carrier's allocation. If we cannot reach agreement on liability, we will file suit and let a jury allocate fault.

Why this works: In comparative-fault states, the percentage allocation directly determines recovery. Adjusters propose inflated plaintiff fault to reduce payouts. Counter with the police report, eyewitness statements, and the threat of jury allocation , which often produces a more balanced result.

06

"We need to wait for the at-fault driver's investigation to complete before we can pay."

Suggested response: Please send me a copy of the policy declarations page and the dates the investigation has been pending. If the investigation is not complete within 30 days, I will file a complaint with the state Department of Insurance for unreasonable delay.

Why this works: State unfair-claim-practice statutes require carriers to investigate and pay reasonable claims promptly. "Pending investigation" beyond a reasonable period is a bad-faith pressure point and a DOI complaint trigger.

What these scripts do not cover

The six scripts above handle the most common pre-suit adjuster tactics. They do not cover:

  • Post-suit communications (those should go through your attorney).
  • UM/UIM claim conversations with your own carrier (different procedural posture, different obligations).
  • Insurance fraud investigations or examinations under oath (requires counsel).
  • Multi-defendant cases where one carrier is trying to shift liability to another.
  • Subrogation or lien negotiations.

For dynamic, claim-specific scripts that incorporate your specific insurer's known patterns, use the Adjuster Scripts tool. It produces tailored responses based on the specific objection your adjuster raised, the carrier involved, and the phase of your claim.

The principles behind the scripts

  1. Channel facts through documents, not speech. Written summaries, medical records, and police reports are evidence. Phone-call statements are deposable but easily mischaracterized.
  2. Refuse blanket consent; offer targeted alternatives. A blanket medical authorization is rarely necessary; specific records for specific date ranges accomplish the same legitimate purpose.
  3. Do not engage with anchor numbers. The first offer is an anchor, not a starting point. Refusing to evaluate until MMI preserves negotiating room.
  4. Make state DOI complaints the explicit consequence. Unreasonable delay and bad-faith practices are violations of every state\'s unfair-claim-practice statute. Mentioning the complaint trigger is not a threat; it is a description of the regulatory framework.
  5. Get representation before the case escalates. Adjusters know how to handle unrepresented plaintiffs. The dynamic shifts substantially as soon as a lawyer is involved.