This chapter of The DC, Maryland & Virginia Injury Guide explains who adjusters work for, what they will ask you for, the rules that govern how they handle claims, and what to say and not say.
Who is the adjuster working for?
The first question to ask on any call is which company the adjuster works for. The answer changes everything about how you should treat the conversation.
The liability adjuster works for the at-fault driver's insurer. That adjuster's job is to protect the company's money and its policyholder. You have no contract with that company, and nothing you tell the adjuster will make the company more generous.
The first-party adjuster works for your own insurer. You will deal with one if you claim Maryland personal injury protection (PIP), D.C. PIP, Virginia medical expense benefits (often called MedPay), collision coverage, or uninsured or underinsured motorist (UM/UIM) coverage. Your own company owes you contractual duties, and your policy usually requires you to cooperate. But in a UM/UIM claim your own insurer steps into the at-fault driver's shoes and can argue fault and damages against you, so the same caution applies.
In Maryland you may also hear from the Maryland Automobile Insurance Fund (MAIF). MAIF insures drivers who cannot get coverage elsewhere, and it also handles certain claims by injured Maryland residents when no insurance covers a crash with an uninsured or unidentified driver (Md. Code, Ins. § 20-601). A MAIF adjuster is still an adjuster.
Why every word matters in a contributory negligence jurisdiction
In most states, a careless remark only trims a claim. Here it can end one. Under contributory negligence, a jury that finds you even slightly at fault must return a verdict for the defense, so liability adjusters in the DMV are trained to listen for anything that sounds like an admission. "I looked down for a second." "I didn't see him until the last moment." "I was running a little late." Each of those sentences can become the defense theory of the case.
D.C. softened the rule for pedestrians and for people on bicycles, scooters, motorcycles, and similar devices: their negligence bars recovery only if it is a proximate cause of the injury and greater than the combined negligence of all defendants (D.C. Code § 50-2204.52). Maryland and Virginia have no such statute, and drivers in all three jurisdictions remain under the strict rule. Our chapter on contributory negligence and last clear chance explains the doctrine in detail. For this chapter, the lesson is simple: do not discuss fault with the other side's adjuster at all.
Should you give a recorded statement?
Decline a recorded statement to the at-fault driver's insurer. The request usually sounds routine ("we just need your side to open the claim"), but the questions are built to lock in your account before you know how badly you are hurt. Expect questions about your speed, where you were looking, whether you had your phone, and how you feel today. A friendly "So you're doing okay?" answered with "I'm hanging in there" will be read back to you a year later.
A good response is short: "I'm not giving a recorded statement. I'm still being treated for my injuries. Please send any requests in writing." If you have a lawyer, give the lawyer's name and number and end the call.
Your own insurer is different. Your policy may require you to give a statement or submit to an examination as a condition of coverage, especially for PIP, MedPay, or UM/UIM. Cooperate, but keep it factual, do not guess, and if you have a lawyer, have the lawyer arrange it and attend.
Medical authorizations: sign narrow ones, not blanket ones
Adjusters send authorization forms that let the insurer collect your medical records directly. Most are drafted as broadly as possible: every provider, every condition, no date limit. The goal is to find an old back complaint, a prior crash, or a counseling visit that can be blamed for your symptoms.
The other driver's insurer is entitled to records that relate to the injuries you are claiming, for a reasonable period before and after the crash. Your lawyer can gather and produce those records, limited by provider and date range, when the claim is ready to evaluate. Do not sign a blanket authorization for a company that is looking for reasons not to pay you.
Quick offers, releases, and the property damage claim
Some adjusters offer a few thousand dollars within days, before an MRI or a specialist visit, with a release attached. A release ends every claim arising from the crash, including injuries you do not know about yet. The offer is a bet that you will sign before you learn what your injury is worth. Do not settle an injury claim before you have finished treatment or your doctor can tell you what the future holds, and do not sign anything until a lawyer has read it.
Your vehicle claim is different. It is usually fine to resolve the car early, because you need transportation and the value is easy to measure. Read the property damage paperwork line by line. It should release only property damage. If it mentions "bodily injury," "all claims," or "any and all damages," do not sign it.
If the at-fault driver has low limits, timing matters even more. Maryland law requires you to send a limits offer to your own UM insurer by certified mail and give it time to consent or pay before you accept, and Virginia uses a different procedure. Read Using Your Own Insurance before you accept a limits offer.
What rules govern how insurers handle claims?
All three jurisdictions prohibit unfair claim settlement practices by insurers, including misrepresenting policy provisions, refusing to pay claims without a reasonable investigation or for arbitrary reasons, and failing to explain the basis for a denial (D.C. Code § 31-2231.17; Md. Code, Ins. § 27-303; Va. Code § 38.2-510). The D.C. and Virginia statutes also target insurers that do not attempt in good faith to make prompt, fair settlements once liability has become reasonably clear.
These statutes are enforced mainly by insurance regulators. Virginia's says outright that a violation does not by itself create a private cause of action (Va. Code § 38.2-510(B)). They are still useful: a letter that cites the rule an adjuster is breaking, with a copy to the regulator when warranted, often gets a stalled claim moving.
When your own insurer drags its feet
The law gives you stronger tools against your own company than against the other driver's.
- Maryland PIP must be paid as claims arise and within 30 days after the insurer receives satisfactory proof of claim, and overdue payments bear interest at 1.5% per month (Md. Code, Ins. § 19-508).
- Maryland first-party claims: if a jury finds your own property or casualty insurer failed to act in good faith, you can recover your actual damages up to the policy limits plus expenses, litigation costs, reasonable attorney's fees, and interest (Md. Code, Cts. & Jud. Proc. § 3-1701). In most cases the claim must first go through the Maryland Insurance Administration process, and the fee award is limited to one-third of the actual damages.
- Virginia: if a court finds your own auto insurer denied a MedPay, income loss, or property damage claim in bad faith, the company owes double the judgment plus interest and attorney's fees. For UM/UIM claims, a bad-faith failure to pay or to make a timely, reasonable offer exposes the insurer to up to double the underlying judgment, capped at $500,000, plus fees and costs, after a 45-day notice period (Va. Code § 8.01-66.1).
What to say, and what not to say
Say: your name and contact information, the date and place of the crash, that you were hurt and are getting treatment, your claim number, and that you will communicate in writing or through your lawyer.
Do not say: anything about fault, speed, distance, where you were looking, or your phone; anything that minimizes your injuries ("I'm fine," "just sore"); anything about earlier injuries or conditions; anything about your health insurance or income; or any settlement number. Do not guess. "I don't know" is a complete answer, and it is far better than a confident wrong one.
Be polite. Adjusters are doing a job, and hostility never helps. Politeness does not require you to help the other side build a defense.
Surveillance and social media
On larger claims, insurers hire investigators to film claimants in public and to comb through social media, including the accounts of family members who tag you. One clip of you lifting a grocery bag, stripped of context, can be played for a jury as proof that you are exaggerating. Live your life within your doctor's restrictions, keep your accounts private, and post nothing about the crash, your injuries, or your activities. Our chapter on mistakes that hurt your case covers this in more detail.
Key points
- Ask who the adjuster works for. The at-fault driver's insurer owes you nothing; your own insurer owes you contractual duties but can still contest a UM/UIM claim.
- In a contributory negligence jurisdiction, never discuss fault with the other side's adjuster.
- Decline recorded statements to the at-fault insurer and do not sign blanket medical authorizations.
- Resolve the car separately if you like, but read every release, and never settle the injury claim before you know the extent of your injuries.
- Maryland and Virginia give you real remedies when your own insurer delays or refuses a claim without good reason.
- Previous chapter: Which State's Law Applies to Your Injury?
- Next chapter: Using Your Own Insurance: PIP, MedPay, and UM/UIM
Related practice areas
Frequently asked questions
Do I have to give the other driver's insurance company a recorded statement?
No. You have no contract with the at-fault driver's insurer, and you can decline a recorded statement and ask that any requests be sent in writing. Because D.C., Maryland, and Virginia follow contributory negligence, a careless remark about speed, distraction, or where you were looking can be used to deny your claim entirely. Your own insurer is different: your policy may require a statement for PIP, MedPay, or UM/UIM benefits, and you should cooperate with a lawyer's help.
Should I sign the medical authorization the adjuster sent me?
Not if it is a blanket authorization covering every provider and every date. Insurers use those forms to search your entire medical history for something to blame your symptoms on. The insurer is entitled to records related to the injuries you claim for a reasonable period, and your lawyer can provide those, limited by provider and date range, when the claim is ready to evaluate.
Can I settle my car damage claim without settling my injury claim?
Yes, as long as the paperwork is limited to property damage. Read the release before you sign it. If it mentions bodily injury, all claims, or any and all damages arising from the crash, do not sign it, because it could end your injury claim too.
How fast does a Maryland insurer have to pay PIP benefits?
Maryland requires PIP benefits to be paid as claims arise and within 30 days after the insurer receives satisfactory proof of claim, under Md. Code, Ins. § 19-508. Overdue PIP payments bear simple interest at 1.5% per month. If your PIP adjuster is stalling, a written demand that cites the statute often helps.
What can I do if my own insurer refuses to pay my claim in Virginia?
Virginia law lets you recover double the judgment plus attorney's fees if a court finds your auto insurer refused a MedPay, income loss, or property damage claim in bad faith (Va. Code § 8.01-66.1). For uninsured and underinsured motorist claims, a bad-faith refusal can expose the insurer to up to double the underlying judgment, capped at $500,000, plus fees and costs. The statute requires 45 days' notice with supporting documentation before the demand.
Is the insurance adjuster on my side?
No adjuster is on your side. The at-fault driver's adjuster works to pay as little as possible on behalf of the company and its policyholder. Your own adjuster owes you contractual duties, but in an uninsured or underinsured motorist claim your own company can contest fault and damages just as the other driver's insurer would.
Related reading
- How to deal with insurance adjusters after an accident
- The recorded statement: why the adjuster wants it and why you should decline
- Maryland PIP: the no-fault coverage most crash victims forget
- What happens if someone with little or no auto insurance injures you
- Contributory Negligence: The Rule That Decides Most DMV Cases
- Using Your Own Insurance: PIP, MedPay, and UM/UIM
Talk to a DMV injury lawyer today
If an adjuster is pressing you for a statement, a signature, or a quick settlement, call us first. Once you have a lawyer, the insurer must deal with us, and the pressure on you stops.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
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