Talking to a Trucking Company's Adjuster? Know What to Say and What to Hold Back

If a trucking company’s adjuster called you after a crash, keep your answers short and factual. Give your name and the basic facts. Say you are still getting medical care. You do not have to guess about fault or decide anything on that first call.

This page explains what to say, what to hold back, and which Georgia deadlines still matter. It is general information for people hurt in a truck crash, and for family members handling those calls. T. Madden & Associates, P.C. has practiced in Georgia since 1999.

Why the Trucking Company’s Adjuster Is Calling So Soon

Trucking insurers often reach out quickly after a crash. Sometimes the call comes while the injured person is still in the hospital or still in pain. The call is part of the insurer’s claim process. It is not a courtesy check-in.

An adjuster’s job is to open a file, gather facts, and decide what the insurer will pay. That work starts early because the insurer wants information while the crash is fresh. Your memory of the crash and the records about it both matter to that process.

You are not required to decide anything on the first call. You can take a message, ask for a callback, and say you will respond after you have spoken with a lawyer or your doctor.

The call can feel urgent. You may be hurt, scared, or caring for someone who is. That is a hard place to make careful choices. Slowing down helps.

Who the Adjuster Works For

The adjuster works for the trucking company’s insurer, not for you. The insurer and the company are on one side of this claim. Your interests are different from theirs.

Many adjusters are polite and easy to talk to. That friendly tone does not change the job. The adjuster is working to evaluate and limit what the insurer pays.

Before you say more than your name, ask for three things. Ask for the adjuster’s full name, the company name, and the claim number. Write them down with the date and time of the call. Use the claim number in every later contact.

If you already have a lawyer, give the adjuster that lawyer’s name. Then route questions through the lawyer. This keeps your answers in one place and avoids repeating yourself.

What to Say and What Not to Tell a Claims Adjuster

Stick to basic facts. Give your name, how to reach you, and the date, time, and place of the crash. Say that you are getting medical care. That covers what most people need to say on a first call.

Do not guess. Do not say how fast you were going, how far away the truck was, or what the driver was doing. If you are not sure, say so. A guess can be used later to say your account changed.

Do not describe your injuries as minor. Do not say you feel fine, either. Waiting until your doctor has examined you keeps your account accurate.

Be careful with prior injuries and unrelated medical history. Do not discuss them until you have thought through why the adjuster is asking. Posts about the crash or your activities can also be pulled into a claim file, so stay off social media about it.

Watch your words about fault. Saying “I’m sorry” can sound like an admission, even when you mean only that you feel bad. Describe what happened in plain facts instead.

Recorded Statements, Written Requests, and Paperwork

A recorded statement is an audio record of your answers to the adjuster’s questions. The adjuster may ask for one soon after the first call. You can ask to schedule it for later. Waiting lets you understand your injuries and the facts first.

Ask for every request in writing. This includes requests for medical records, medical authorizations, and any form to sign. A written request shows exactly what was asked. Your written reply shows exactly what you said.

Keep a simple call log. Write down the date, time, caller name, phone number, claim number, and what was discussed. Add each new call to the same page so nothing gets lost.

Read every form before you sign it. Ask what each one covers. Keep a copy of everything you sign.

Do Not Sign a Release or Accept a Quick Offer

Do not sign a release or accept an early offer until you know your injuries and your costs. A release is a signed document that can close out the claim. Read it carefully and ask questions before you sign.

Early offers are often made before the full course of treatment is known. Your doctor may still be deciding what care you need. Future care and lost income may not show up in the first weeks after a crash. A quick offer can leave those costs out.

Georgia law looks at medical bills in more than one way. When the injured person has health insurance, the evidence can include both the amounts charged and the amounts actually needed to satisfy those charges under the insurance contract, under O.C.G.A. § 51-12-1.1. Future money can also be reduced to present value. Under O.C.G.A. § 51-12-13, the jury or judge (the trier of fact) may use a discount rate of 5 percent or another rate it considers appropriate. Our future medical costs guide covers how ongoing treatment fits into a claim.

Evidence a Trucking Company May Be Collecting, and Why It Matters

Trucking companies often keep records that show what the driver was doing. Under 49 C.F.R. § 395.8, a motor carrier subject to the requirements of this part, except a private motor carrier of passengers (nonbusiness), must require each driver to record duty status for each 24-hour period. The carrier must keep those records and supporting documents for at least 6 months from the date of receipt.

Many trucks also use an electronic logging device. Under 49 C.F.R. § 395.26, that device automatically records items such as date, time, vehicle location, and vehicle miles. Federal rules also bar a driver from using a hand-held mobile phone while driving a commercial vehicle, except when necessary to communicate with law enforcement officials or other emergency services, under 49 C.F.R. § 392.82. Federal rules also require drug and alcohol testing for commercial truck drivers, as the Federal Motor Carrier Safety Administration explains.

A company can also face claims for its own conduct. Because records are kept for set periods, ask in writing that they be preserved.

On your side, write down what you remember while it is fresh. Photograph the vehicles and any injuries. Keep the police report number and any witness names. Our guide on truck driver cell phone use explains how driver distraction is investigated.

Georgia Deadlines the Adjuster’s Timeline Does Not Control

Georgia’s general deadline to file a personal injury lawsuit is two years. Under O.C.G.A. § 9-3-33, the period runs from when the right of action accrues. An adjuster’s requested date does not change that deadline.

Some claims follow different timing rules, such as wrongful death claims. Because those rules can differ, review your situation promptly.

Georgia also uses modified comparative fault. Under O.C.G.A. § 51-12-33, a plaintiff who is 50 percent or more responsible for the injury may not receive any damages. Under O.C.G.A. § 51-12-33, when the plaintiff is to some degree responsible for the injury or damages claimed, the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault, and the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. That is why careless words about fault matter.

Do not assume waiting is safe because the insurer has not made an offer. Silence from the insurer does not extend the deadline.

Frequently Asked Questions

Talk With T. Madden & Associates, P.C. About Your Crash

You may be recovering from injuries, or caring for someone who is, with a trucking insurer already on the phone. That is a lot to carry at once.

Our team can talk through the specific call you received, the papers in front of you, and the Georgia deadlines that may apply. Your first consultation is free, confidential, and carries no obligation to continue. When you are ready, you can start a free case evaluation, or call us 24/7.

This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., Jonesboro, Georgia office. Contact: https://www.tmaddenlaw.com/contact/.