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3 Phrases You Must Never Say to an Insurance Adjuster After an Accident

3 Phrases You Must Never Say to an Insurance Adjuster After an Accident

Quick Answer

When an insurance adjuster calls within 24 hours of your accident, there are three phrases you must absolutely avoid: “I’m fine,” “I’m not sure,” and “It might have been my fault.” These three phrases can cut your settlement in half. This guide explains why they are dangerous, what to say instead, and the safe-response script Korean American clients most commonly need.

1. Why Insurers Call So Quickly

The adverse insurance company has standardized calling victims within 24–72 hours of the accident. The single reason: to extract statements before you retain an attorney, so the settlement can be reduced.

At this moment, you don’t yet fully know the extent of your injuries, your memory is fogged by the shock of the accident, and you are unfamiliar with insurance procedures. From the insurer’s perspective, this is the prime window for obtaining the most advantageous statements.

Assume every call is recorded. The adjuster will sound friendly and say “we just need to gather the basic facts of the accident,” but anything you say in passing can become decisive evidence in later settlement or litigation.

2. Never Say #1 — “I’m fine” / “괜찮아요”

The most common Korean cultural response is to say “괜찮아요” (I’m fine). But this phrase is recorded as “no injuries reported”, and later when pain or sequelae appear, the insurer uses it to deny the claim — “you said you were fine right after the accident, so why are you in pain now?”

Common accident injuries — whiplash, herniated disc, concussion — typically don’t manifest until 1–3 days after the accident. Saying “I’m fine” immediately is medically inaccurate.

3. Never Say #2 — “I’m not sure” / “잘 모르겠어요”

It is normal not to remember details due to accident shock. But recording “I’m not sure” in a recorded statement allows the insurer to inflate your share of fault. Example: “I’m not sure exactly which direction the other car came from” → used as evidence of your inattention.

The safe response is: “I cannot give an accurate answer right now. I will respond after reviewing the police report with my attorney.” “Reserving the answer” is safer than “I don’t know.”

4. Never Say #3 — “It might have been my fault” / “제가 잘못한 것 같아요”

Korean culture often leads people to apologize after an accident as a moral courtesy. But in NJ, expressions like “Sorry” or “It was my fault” can be used in court as an admission of liability.

NJ is a comparative negligence state — if your fault is 51% or more, your settlement is reduced to $0. At 30% fault, your settlement is reduced by 30%. A careless phrase can cost tens of thousands of dollars.

5. What to Say Instead — Safe Script

Insurer’s QuestionDangerous AnswerSafe Answer
“How are you feeling?”“I’m fine”“I’m being treated at the hospital. I’ll respond after consulting my attorney.”
“Please describe what happened”“I didn’t see well…”“The police report is accurate. Any other statements will be handled through my attorney.”
“May we take a recorded statement?”“Sure, that’s fine”“I do not consent to a recorded statement.”
“Have you seen a doctor?”“Not yet”“I have a medical appointment scheduled.”
“Let me offer you a quick settlement”“How much? I’ll take it”“I will respond after my attorney reviews.”
Core principle: Whether it’s your own or the adverse insurer, defer all answers until after retaining an attorney. Calls from insurers are not legal obligations, and an attorney can handle them on your behalf.

6. Your Insurer vs Their Insurer — Different Rules

  • Your insurer — You have a duty to report the accident, but detailed statements should wait for attorney representation
  • Adverse insurer — You have no obligation to answer at all. Decline all calls or refer them to your attorney
  • Recorded Statement — Even your own insurer’s request can be declined; the adverse insurer’s request should always be refused

Frequently Asked Questions

The adverse insurer says I don’t need to see a doctor. Should I listen?
Ignore it. Insurers have no authority to make medical judgments. See an ER or pain management doctor within 48 hours and preserve your records.
If the insurer offers an immediate settlement, can I accept?
Absolutely not. Immediate offers are typically 20–30% of fair compensation. Once you sign, all future claims are permanently extinguished.
Can I request a Korean interpreter?
Your own insurer has a duty to provide interpretation. Adverse insurer calls should be declined or routed through your attorney. Song Law Firm handles all calls directly in Korean.
Should I let the adjuster visit me?
Do not schedule visits. Adjusters claim to inspect the scene/vehicle but really want to assess your injuries with their own eyes to reduce the claim. Hold any meetings at your attorney’s office.
The insurer keeps calling after I hung up.
Say only: “My attorney handles all communications. Please contact Song Law Firm at 201-461-0031.” Then hang up. You have no further obligation to talk.

Insurer Communication — Free Consultation

One phone call to an attorney protects your statements.

📞 Phone: 201-461-0031
💬 KakaoTalk: Song Law Firm
🌐 Website: www.songlawfirm.com
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⚖️ Disclaimer

This column is for general informational purposes only and does not constitute legal advice. Reading this column does not create an attorney-client relationship. Every case turns on its specific facts; past results do not guarantee a similar outcome. Consult with an attorney for advice specific to your situation.

This column constitutes attorney advertising by Song Law Firm (a law firm registered in New Jersey and New York) and complies with the NJ and NY Rules of Professional Conduct.

Song Law Firm | Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024 | 201-461-0031 | mail@songlawfirm.com

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