Red Carpet Legal — Taran & Associates, P.C.
10 Things to Never Say to an Insurance Adjuster After a Missouri Accident
Missouri Personal Injury Attorney Guide • Free Consultation Available
MO Bar Licensed • 25+ Years Experience • No Win, No Fee
|
redcarpetlegal.com
|
(573) 227-8841
⚠ Everything you say to an insurance adjuster can be used against you.
Insurance companies train adjusters to document any statement that reduces your claim value.
Missouri's pure comparative fault rule (RSMo § 537.765) means even a small admission can slash your settlement by thousands of dollars.
What This Guide Covers
- 1"I'm fine" — The dangerous one-word answer
- 2"I'm not sure" — How uncertainty becomes a weapon
- 3"It happened so fast" — The speed trap that undermines fault
- 4Admitting any fault or partial responsibility
- 5"I was distracted" or "I wasn't paying attention"
- 6"I don't have any injuries"
- 7Discussing medical history or prior conditions
- 8"I wasn't wearing my seatbelt"
- 9Signing a medical authorization or release
- 10"I think I was going about 35 mph"
Background
When you file a claim, the insurance company assigns an adjuster — a trained professional whose job is to gather information that minimizes the payout. They are friendly on the phone. They sound sympathetic. They ask casual questions that feel like small talk. But every word is recorded and documented. In Missouri's fault-based insurance system, what you say directly determines the size of your settlement.
After an accident, your body's natural stress response floods you with adrenaline. This numbs pain — you genuinely may feel "fine" while suffering soft tissue injuries, a concussion, or internal damage that won't surface for hours or days. When you say "I'm fine" to an adjuster and later discover a herniated disc, the insurance company will point to that statement to argue your injuries aren't real or weren't caused by the accident.
Adjuster: "How are you feeling?"
Victim: "I'm fine."
→ Six weeks later: herniated disc confirmed. Insurer: "Claimant stated they were fine immediately after the accident."
What to say instead
"I've been checked out by EMTs at the scene but haven't seen a doctor yet. I'd rather get a full medical evaluation before discussing my injuries."
Missouri law: RSMo § 537.065 — your own recorded statements can be used to impeach your testimony at trial. A casual "I'm fine" becomes a court exhibit.
Uncertainty sounds harmless. You're just being honest — you don't remember every detail. But insurance adjusters are trained to frame uncertainty as a lack of credibility. "I'm not sure" becomes "The claimant cannot confirm their own account of events." In Missouri's fault-based system, ambiguity about who caused the accident is exploited to reduce your claim.
Adjuster: "Did you see the light change before you entered the intersection?"
Victim: "I'm not sure — it all happened so fast."
→ Adjuster writes: "Driver uncertain about traffic signal compliance."
What to say instead
"I want to make sure I give you accurate information. I'd prefer to review the police report before answering questions about the accident."
This phrase is one of the most damaging in an adjuster's toolkit. "It happened so fast" implies you lack full awareness of events. An adjuster will use this to question whether you actually saw what the other driver did, whether you had time to react, and whether you could have avoided the accident. In rear-end collisions — the most common in Missouri — claiming you didn't see the impact can be used to argue you weren't maintaining proper following distance.
Adjuster: "Can you describe what happened?"
Victim: "It all happened so fast — I didn't really see what happened."
→ Adjuster flags claim as "unclear liability." Settlement offer reduced by 30%.
What to say instead
"The impact occurred suddenly and I experienced the normal startle response. I'm working from the official police report and witness statements to give you an accurate account."
Missouri follows pure comparative fault under RSMo § 537.765. Your compensation is reduced by your percentage of fault — but insurance companies have a financial incentive to assign you as much fault as possible. Any admission, no matter how small, becomes a building block for their fault argument. Common false admissions: "I didn't see them," "I should have been more careful," "I was distracted for a second."
Adjuster: "The light was yellow when you entered the intersection, right?"
Victim: "Well, it was starting to turn yellow..."
→ "Claimant admits running yellow light." Claim denied.
What to say instead
"I think there may be some confusion. I'm going to refer you to my attorney — here's their contact information."
Missouri law: RSMo § 537.765 — even if you're 99% not at fault, you can still recover 1% of damages. But that 1% becomes 0% if you've already admitted 30% fault on a recorded call.
Adjusters ask open-ended questions like "What were you doing in the moments before?" or "Did you see the other vehicle before impact?" The goal is to get you to volunteer something that sounds like negligence. Missouri follows a "reasonable person" standard for driver attention — admitting you were distracted, even for a split second, creates an argument that you failed to meet that standard.
Adjuster: "Can you tell me what you were looking at right before the crash?"
Victim: "I might have been looking at my radio for a second."
→ "Driver admits distraction. Fault assigned."
What to say instead
"I was operating my vehicle as a reasonable driver would. I believe the police report documents the facts more accurately than my recollection."
Soft tissue damage — whiplash, ligament tears, muscle strains — often doesn't appear in initial symptoms. Adrenaline from the crash masks the pain. Symptoms typically peak 48-72 hours after impact. If you've told an adjuster "no injuries" and then develop chronic pain, the insurance company will argue the injury was pre-existing, unrelated to the accident, or fabricated.
Adjuster: "So you weren't injured in the accident?"
Victim: "I mean, I feel okay now."
→ Six weeks later: herniated disc. Insurer: "Pre-existing condition or fabrication."
What to say instead
"I was evaluated at the scene but have not yet been examined by my personal physician. I'd like to complete a full medical evaluation before discussing my medical condition."
Missouri law: Statute of limitations is two years from the accident date (RSMo § 516.105). But a late-reported injury can still be challenged if the initial claim file says "no injuries."
Insurance companies have a legal right to review your medical records once you file a claim. They're looking for prior injuries, conditions, or treatments that they can argue are the real source of your current pain — not the accident you're claiming for. A sore back from 2019, a sports injury from 2017, a workplace incident in 2015 — all become "pre-existing conditions" in the adjuster's report.
Adjuster: "Have you ever had back problems before?"
Victim: "Yeah, I had a sore back about five years ago."
→ "Pre-existing lumbar condition. Current claim attributed to prior injury."
What to say instead
"I'm not comfortable discussing my medical history before my attorney has reviewed the claim. I'd like to have legal representation present for this call."
Missouri law: RSMo § 490.710 — medical records can be obtained through proper subpoena. But voluntarily discussing your history gives them ammunition without the legal process.
Missouri's failure-to-wear-seatbelt law (RSMo § 307.178) allows insurance companies to reduce your recovery by the percentage of damages attributable to not wearing a seatbelt. If you weren't wearing one and sustained injuries that a seatbelt would have prevented or reduced, the insurer can legally subtract that amount from your settlement. The adjuster knows whether the police report documents your seatbelt use — they're asking because they want you to admit it on a recorded call, which is more damaging in a courtroom.
Adjuster: "Do you recall if you were wearing a seatbelt?"
Victim: "No, I wasn't — I just got in the car."
→ Missouri's seatbelt law (§ 307.178) used to reduce compensation.
What to say instead
"I'd prefer to reference the official police report for accident details. I'll have my attorney follow up with any additional information needed."
When an adjuster asks you to sign a medical authorization, they're opening a door to your entire medical history. These forms are often written broadly enough to cover records from any provider, any time period, for any condition. Once signed, the insurance company can pull records of unrelated treatments, past injuries, mental health visits, and anything else — and use any of it to argue your current injuries aren't from the accident.
Adjuster: "We just need you to sign this form so we can get the medical records."
Victim signs.
→ Adjuster pulls 10 years of medical records. Finds unrelated treatments. Uses them to argue current injury is unrelated to accident.
What to say instead
"I need my attorney to review any authorization forms before I sign them. Please send the documents to my attorney directly."
Speed estimates from the driver's seat are notoriously unreliable — and adjusters know this. Asking you to estimate your speed seems innocent, but it can establish that you were speeding or suggest you were traveling faster than the limit. "About 35" is remembered as "35" in the adjuster's report. "Probably 40" becomes "40 mph in a 30 mph zone." The gap between estimate and documentation is where settlements get reduced.
Adjuster: "Can you estimate how fast you were driving?"
Victim: "Probably around 35, maybe 40 — I'm not sure."
→ "Driver admits traveling 10 mph over residential limit." Fault argument strengthened.
What to say instead
"I don't feel comfortable estimating speed without reference to the accident report, which would have the skid mark data and any surveillance footage. I'd rather provide you with the official documentation."
Your Missouri Rights After an Accident
- Pure comparative fault (RSMo § 537.765): Even if partially at fault, you can still recover — but your compensation is reduced by your percentage of fault. Avoid admissions at all costs.
- Statute of limitations (RSMo § 516.105): You have exactly two years from the accident date to file a personal injury claim. Don't let an adjuster rush you into settling before you've assessed your injuries.
- Missouri is a fault state: You file a claim against the at-fault driver's insurance, not your own. No-fault insurance is not available in Missouri. This makes what you say to the other driver's insurer critical.
- Mandatory liability insurance (RSMo § 303.025): Missouri requires minimum $25,000/$50,000 bodily injury coverage. Most drivers carry more — don't let an adjuster claim they're only obligated to the minimum.
- Seatbelt evidence rule (RSMo § 307.178): Evidence of not wearing a seatbelt can be introduced at trial to reduce your compensation. Don't volunteer this information.
- UM/UIM coverage: If the at-fault driver has no insurance or insufficient coverage, your own uninsured/underinsured motorist coverage can step in. Missouri requires insurers to offer UM coverage.
Frequently Asked Questions
Should I talk to the insurance adjuster at all?
No — not before speaking with an attorney. Anything you say can be used to reduce or deny your claim. Insurance companies are not on your side, no matter how friendly the adjuster sounds. In Missouri, claimants with legal representation recover significantly more on average than those who handle claims directly.
Is a recorded statement to the insurance company required?
Missouri law does not require you to give a recorded statement to the other driver's insurance company. You have the right to decline. A recorded statement is entirely for their benefit. If an adjuster insists, have an attorney present. Say: "I'm not comfortable providing a recorded statement without my attorney. I'll have my legal counsel contact you."
The insurance company already offered me a settlement. Should I take it?
Almost certainly not — not yet. Initial settlement offers are designed to close the claim cheaply, before you fully understand the extent of your injuries and damages. Medical treatment is often ongoing. Once you accept a settlement, you waive your right to seek additional compensation — even if your condition worsens. Never accept a settlement offer without consulting an attorney first.
How long do I have to file a Missouri personal injury claim?
Two years from the accident date. Under RSMo § 516.105, the statute of limitations for personal injury claims in Missouri is two years. If you don't file within that window, you lose your right to seek compensation entirely. However, don't wait until the deadline to act — building a strong case takes time.
What if the other driver doesn't have insurance?
You may still have options through your own insurance. If the at-fault driver has no insurance or insufficient coverage, you can file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage. An attorney can help you navigate this process and maximize your recovery.
© 2026 Taran & Associates, P.C. · Missouri Personal Injury Attorneys · redcarpetlegal.com · (573) 227-8841
This document is for educational purposes and does not constitute legal advice. Consult a licensed Missouri attorney for your specific situation.