Is Your Insurance Adjuster Lying About Your Car Accident?
Insurance adjusters work for the insurance company, not for you. Here is what they are trained to say, what Florida law says about it, and what to do when the adjuster is lying about fault, injuries, or your policy limits.
Has an adjuster offered you less than your case is worth?
Board Certified attorney Alan Sackrin has handled insurance company tactics in Florida car accident cases for 40+ years. Free consultation. No fee unless we win.
What Insurance Adjusters Are Trained to Do
Every insurance adjuster handling your car accident claim is working toward one goal: resolving your claim for as little money as possible. They are not your friend, they are not neutral, and they are not there to make sure you receive fair compensation. They are trained professionals whose job performance is measured by how much they reduce payouts.
Understanding what adjusters do and say is the first step to protecting yourself. The second step is calling Alan Sackrin before you speak to any adjuster about anything beyond confirming the date of the accident.
The Most Common Lies Insurance Adjusters Tell
What They Say vs. What Is Actually True
“The accident was your fault” or “you share fault”
Adjusters routinely assign fault to the victim to reduce or eliminate the claim. They make this determination based on a phone call, not an investigation. Florida follows modified comparative negligence. Even if you share some fault, you can still recover as long as you were 50% or less at fault. Never accept a fault determination from an adjuster without getting legal advice first.
“Your injuries are pre-existing” or “not related to this accident”
Adjusters routinely obtain your prior medical records and argue that your injuries existed before the accident. Under Florida’s eggshell plaintiff doctrine, a defendant takes the victim as they find them. A pre-existing condition that is aggravated by the accident is a compensable injury. The adjuster knows this. They say it anyway because many victims accept the denial.
“The policy limits are only $X” or “that is the most we can pay”
Adjusters are not required to volunteer the full policy limits. They frequently misrepresent coverage amounts to discourage claims. Alan Sackrin can demand a copy of the policy and verify actual coverage. If the adjuster misrepresented limits, that conduct may itself support a bad faith claim under Florida Statute 624.155.
“You need to give us a recorded statement to process your claim”
You are not legally required to give a recorded statement to the other driver’s insurance company. This is the single most common way adjusters build a defense against your claim. They ask questions designed to get you to minimize your injuries, contradict your prior statements, or admit comparative fault. Never give a recorded statement without an attorney present or on your behalf.
“This offer expires soon” or “this is our final offer”
Artificial urgency is a pressure tactic designed to get you to accept a low settlement before you understand the full extent of your injuries or have legal advice. Early settlement offers are almost always far below case value. Medical conditions often worsen over the weeks and months after an accident. Once you sign a release, that is final. Do not accept any settlement offer without first speaking with Alan.
“The other driver’s statement says you caused the accident”
The other driver’s account is self-serving and frequently false. Adjusters use it as leverage before any independent investigation has been done. Surveillance footage, accident reconstruction, independent witnesses, and police reports often tell a completely different story. Alan Sackrin has the experience and expert network to investigate what actually happened.
Florida’s Insurance Bad Faith Law
When an insurance company acts in bad faith in handling a claim, Florida law provides a remedy beyond the original claim value. Under Florida Statute 624.155, if an insurer fails to attempt to settle a claim in good faith when it could and should have done so, the victim may be entitled to damages beyond policy limits, including consequential damages and attorney fees.
Bad faith conduct includes:
- Misrepresenting policy provisions or coverage
- Failing to investigate a claim promptly and thoroughly
- Refusing to pay a valid claim without a reasonable investigation
- Offering a settlement that the insurer knew was inadequate
- Failing to provide a reasonable explanation for denial
- Attempting to settle a claim for less than what a reasonable person would believe was due
A bad faith claim is separate from the underlying personal injury claim. It requires a specific notice process under Florida law before a lawsuit can be filed. Alan Sackrin will evaluate whether the insurer’s conduct in your case crosses the line into bad faith.
When Your Own Insurance Company Is Lying
Bad faith situations often arise not from the other driver’s insurer but from your own. Uninsured motorist claims, underinsured motorist claims, and Personal Injury Protection (PIP) claims involve your own insurance company. These insurers have the same financial incentive to minimize your claim as any other carrier. Your own insurer owes you a duty of good faith that is legally distinct from and often more enforceable than the duty owed by a third-party carrier.
If your own insurance company has denied your uninsured or underinsured motorist claim, delayed payment without explanation, or offered less than the policy limits despite clear liability and documented injuries, that conduct may support a bad faith claim.
Why You Should Never Give a Recorded Statement
Adjusters are trained to conduct recorded statement interviews using questions that seem routine but are designed to elicit specific answers. Common techniques include:
- Asking you to rate your pain on a scale of 1 to 10 at a time when you are still in shock and underestimating your injuries
- Asking leading questions about whether you saw the other car before impact to establish that you should have avoided the collision
- Asking about your activities prior to the accident to suggest inattention or contributory negligence
- Using your own words from the statement against you in litigation
Florida law does not require you to give a recorded statement to the other driver’s insurer. Tell them your attorney will be in touch. Then call Alan Sackrin.
Alan Sackrin’s Car Accident Results
The following are a sample of results in car accident cases. Past results do not guarantee a similar outcome.
- $1.0 Million for husband and wife injured in a motorcycle accident against an insurer that had denied insurance coverage to the at-fault driver
- $925,000 for a pedestrian struck in a serious motor vehicle collision
- $500,000 for a woman seriously injured in a motor vehicle accident at an intersection
- $400,000 for injuries in a low-impact collision that aggravated a pre-existing congenital head condition
- $375,000 for an automobile collision with disputed liability where the claimed injury was an aggravation of a pre-existing back condition
- $350,000 uninsured motorist jury verdict where the plaintiff claimed he was run off the road by an unidentifiable vehicle
- $165,000 where defendant rear-ended the plaintiff, resulting in herniated discs and severe lower back pain
See the full list: Alan Sackrin’s Verdicts and Settlements
Frequently Asked Questions
Do I have to cooperate with the other driver’s insurance adjuster? +
No. You have no legal obligation to give a recorded statement to the other driver’s insurance company or to cooperate with their investigation. You must cooperate with your own insurance company under the terms of your own policy, but not with a third-party carrier. Tell them your attorney will handle all communications and call Alan Sackrin.
What if the adjuster already recorded a statement from me? +
Call Alan immediately. The statement can sometimes be addressed through context, contradicting evidence, or by establishing that you were in shock, in pain, or under duress at the time. The situation is not necessarily fatal to your case, but the sooner Alan is involved, the more options there are.
The adjuster says I was at fault. Can I still recover anything? +
Possibly yes. Florida’s modified comparative negligence system allows recovery as long as your share of fault does not exceed 50%. An adjuster’s opinion about fault is not a legal determination. It is a negotiating position. Alan Sackrin can conduct an independent investigation and challenge the adjuster’s fault assessment with evidence.
How long do I have to file a car accident claim in Florida? +
Two years from the date of the accident under Florida Statute 95.11(3)(a), amended in 2023. The adjuster knows this deadline. The longer you wait, the more leverage they have. Do not let the deadline run while you negotiate with an adjuster who is not acting in good faith.
What is Florida insurance bad faith and can I sue for it? +
Yes. Under Florida Statute 624.155, if an insurance company fails to act in good faith in settling a valid claim, you can file a civil remedy notice with the Florida Department of Insurance and then pursue a bad faith lawsuit. A successful bad faith claim can result in damages beyond the policy limits. The process requires specific legal steps and timing. Alan Sackrin will evaluate whether your situation qualifies.
Related: Florida Car Accident Lawyer • State Farm Case Results
Free Consultation • No Fee Unless We Win • (954) 458-8655
Is Your Insurance Adjuster Lying or Lowballing Your Florida Injury Claim? Speak With Alan Sackrin.
Insurance adjusters are trained to minimize your claim. If an adjuster has misrepresented your policy, denied a valid claim, or made a settlement offer that does not reflect what your case is actually worth, Alan Sackrin can help. He is a Board Certified Civil Trial Lawyer with 40+ years of experience fighting insurance companies throughout Florida. No fee unless we win.
✓Board Certified
Civil Trial Lawyer. Fewer than 2% of Florida attorneys hold this designation.
✓No Fee Unless We Win
Zero cost unless money is recovered on your behalf.
✓40+ Years Experience
PI cases against insurers throughout Florida since 1984.
