Insurance adjusters are not adversaries in the moral sense. They are employees with claim-resolution KPIs, claim-handling guidelines, and proprietary training in negotiation tactics that work. Knowing the tactics does not require demonizing the people who use them. It just requires recognizing the moves and having a counter-move ready.
This article walks through the eight most common adjuster tactics, why each works on the unrepresented plaintiff, and the specific counter that neutralizes each one. Sourced from insurance-industry claim-handling training materials, state Department of Insurance complaint records, and the published literature on insurance bad-faith.
Tactic 1: the recorded statement request
The move: within 24 to 72 hours of the claim being reported, the adjuster calls and asks to take a recorded statement. The pitch is that the statement helps the investigation move forward and helps the carrier settle quickly.
Why it works: the plaintiff is still in the acute phase of injury and treatment. Memories are incomplete. Facts that will emerge later through medical records and witness statements are not yet known. Anything the plaintiff says becomes a locked-in factual representation that can be impeached if it conflicts with later evidence.
The counter: decline politely. "I appreciate the call. I am not prepared to give a recorded statement at this time. I will follow up in writing once I have completed my treatment." Follow up with a written letter confirming the decline. The carrier has no authority to compel a recorded statement from a third-party plaintiff.
Tactic 2: the medical authorization
The move: the adjuster sends a broad medical authorization for the plaintiff to sign, ostensibly so the carrier can request medical records. The form authorizes the carrier to access "any and all medical records, from any provider, for any condition, at any time."
Why it works: the broad authorization gives the carrier access to pre-existing condition records that can be used to argue the plaintiff's current injury is degenerative, not accident-caused. This is the foundation of the "pre-existing condition" defense.
The counter: sign a limited authorization that covers only the providers treating the accident-related injuries, only for the period from the date of injury forward. Strike out any "any and all" language. Provide the records yourself; do not authorize the carrier to request them directly.
Tactic 3: the fast-track property-damage settlement
The move: within a week of the claim, the carrier offers a property-damage-only settlement at full value. The pitch is that property damage can be handled separately from bodily injury and there is no reason to wait.
Why it works: the plaintiff accepts the property-damage settlement and signs a release. The carrier's standard release form often includes a release of all claims arising out of the incident, not just property damage. The bodily-injury claim is extinguished without the plaintiff realizing it.
The counter: insist on a property-damage-only release with explicit reservation of bodily-injury rights. Sample language: "This release applies only to the property-damage claim arising from the [date] incident. Bodily-injury claims are expressly reserved and not released by this agreement." Read the release in full before signing.
Tactic 4: anchoring with a low initial offer
The move: the carrier's first written settlement offer is 30 to 50% of the plaintiff's documented case value, framed as "based on our investigation, this is what we believe the claim is worth."
Why it works: anchoring bias is well-documented in negotiation research. The first number in a negotiation disproportionately influences the final number. A plaintiff who counters from a low anchor lands at a lower final number than a plaintiff who counters from a high anchor.
The counter: never let the carrier make the first offer. Send a demand letter with a documented case-value calculation before the carrier extends an offer. Set your own anchor at 1.5 to 2x the honest case value. When the carrier counters, counter back at 80-90% of your original demand. Most cases settle at 65-75% of the original demand.
Tactic 5: the medical-bill reduction
The move: the adjuster argues that the plaintiff's medical bills are inflated, citing the difference between the billed amount (what the provider charged) and the paid amount (what insurance actually paid after contractual write-downs). The adjuster offers to settle based on the paid amount, not the billed amount.
Why it works: depending on the state, either the billed amount or the paid amount can be recoverable, and the law is unsettled in many jurisdictions. The carrier exploits the ambiguity to argue for the lower number.
The counter: research the state's collateral source rule. In states with a strong collateral source rule (California, New York, Texas in part), the billed amount is recoverable and the carrier cannot get evidence of insurance write-offs admitted at trial. In states where the paid amount controls, the negotiation lands closer to paid. Cite the controlling case law in the demand letter.
Tactic 6: the comparative-fault construction
The move: the adjuster constructs a comparative-fault narrative from any available facts. The plaintiff was distracted, was driving above the speed limit, did not wear a seatbelt, did not seek immediate medical treatment, or could have avoided the collision. Even a small comparative-fault percentage reduces the settlement by the same percentage.
Why it works: the carrier knows that even a 10-20% comparative-fault finding by a jury would reduce the verdict. The settlement negotiation incorporates this risk on the plaintiff's side. A 10% comparative-fault construction reduces the settlement by 10% even if no jury would actually find the plaintiff at fault.
The counter: respond to each comparative-fault argument with evidence. Speed limit: provide the speed at impact from the police report or accident reconstruction. Seatbelt: provide the seatbelt-use evidence. Distracted driving: provide phone records and witness statements. Demolish each comparative-fault construction with documentation; do not concede partial fault to "be reasonable."
Tactic 7: the time-pressure close
The move: as the statute of limitations approaches, the carrier extends a final offer that is materially below the documented case value but materially above the previous offers. The implied threat is that if the plaintiff does not accept by [date], the offer will be withdrawn and the carrier will defend the lawsuit on the merits.
Why it works: SOL pressure is real. Filing a lawsuit takes time and the plaintiff (or their lawyer) wants to avoid filing if a reasonable settlement is available. The carrier knows this and prices the offer at the level where the plaintiff will accept rather than file.
The counter: file the lawsuit. Lawsuit-filing does not preclude continued settlement negotiation. Carriers are required to defend the case once filed, which means hiring outside counsel and incurring litigation costs. Most cases settle within 30-60 days of filing for a higher amount than the pre-litigation offer, because the carrier's economics have changed.
Tactic 8: the bad-faith dare
The move: the carrier denies the claim outright or offers a number so low it cannot be taken seriously. The implicit dare is for the plaintiff to file a bad-faith lawsuit. The carrier expects the plaintiff to give up rather than pursue bad-faith litigation, which is procedurally complex.
Why it works: bad-faith litigation in most states requires the plaintiff to prove the carrier's denial was unreasonable, in addition to proving the underlying claim. The procedural complexity discourages many plaintiffs from pursuing it.
The counter: file a complaint with the state Department of Insurance. DOI complaints trigger market-conduct review by state regulators. Carriers with high complaint ratios face heightened scrutiny on rate filings, market-conduct examinations, and (in extreme cases) license revocation. The DOI complaint is a cheaper, faster lever than a bad-faith lawsuit, and the regulatory pressure often produces a settlement that the litigation would not.
The state Department of Insurance complaint forms are available online for every state. Filing is free. Most carriers receive a complaint-status notification within 30 days and respond within 60 days. State DOI complaint records are public and form part of carrier complaint-ratio reports tracked by the NAIC.
The adjuster-scripts tool on this site provides specific language for handling each of the eight tactics above. Use the scripts when responding to carrier communications, especially in the first 30 days when most of these tactics are deployed.
This is a syndicated post. Original article + interactive calculator: https://caseworthnow.com/articles/insurance-adjuster-tactics-decoded/
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