Insurance Adjuster Tactics After a Kentucky Injury, and How to Respond
Common insurance adjuster tactics after a Kentucky crash or injury: lowball offers, broad medical releases, blame-shifting and delay, and the law that limits them.
Reviewed by Larry Forman, Attorney
The adjuster who calls after your crash may be friendly, patient and even sympathetic. That doesn’t change their job. An adjuster’s job is to close your claim for as little as the file will support. Many adjusters are decent people, but they work for the insurance company, not for you.
Knowing the common playbook makes it much easier to protect yourself. This guide walks through the tactics we see most often in Kentucky injury claims, what the law says about them, and how to respond.
Key takeaways
You generally don’t owe the other driver’s insurer a recorded statement.
Don’t sign a blanket medical authorization. Send only the records that relate to the claim.
Early offers usually come before anyone knows the full extent of your injury, and a signed release ends the claim for good.
Kentucky’s Unfair Claims Settlement Practices Act (KRS 304.12-230) bars misrepresenting coverage and refusing to pay without a reasonable investigation.
Talking with an adjuster doesn’t extend your deadline to file a lawsuit.
First, know which insurer you’re talking to
After a Kentucky crash you may hear from more than one company, and they play different roles:
Your own insurer, for PIP. Kentucky’s no-fault coverage pays medical bills and lost wages up to $10,000 regardless of fault. Your policy likely requires you to cooperate with this claim. See our Kentucky PIP guide.
The at-fault driver’s liability insurer. This company is on the other side. You don’t have a contract with it, and you generally don’t owe it a statement.
Your own insurer again, for UM or UIM. If the other driver had no insurance or not enough, your own company may end up evaluating the claim like an opponent would. See uninsured and underinsured motorist claims.
The same tactics can show up with any of them.
Tactic 1: The fast, friendly offer
A quick offer, sometimes within days, often comes with a deadline: “This offer is good until Friday.” The timing isn’t an accident. Early on, nobody knows whether you’ll need an MRI, injections or surgery. Once you sign a release, the claim is closed for good.
How to respond: Don’t settle until your doctors understand your injury and your future care. If the offer expires, that’s usually fine. A legitimate claim doesn’t disappear because an adjuster’s deadline passed. The deadline that does matter is the statute of limitations. See the Kentucky statute of limitations guide.
Tactic 2: “Just a quick recorded statement”
Adjusters ask for recorded statements to lock in your version of events while you’re hurting, medicated or unsure of details. A casual “I’m doing OK” can later be used to argue you weren’t really hurt.
How to respond: You generally don’t have to give the other driver’s insurer a recorded statement. Your own insurer may be entitled to one under your policy, but you can ask to do it with your lawyer present. We cover this in detail in the first 24 hours after a car accident.
Tactic 3: The blank-check medical authorization
Adjusters often send a medical release with no limits on dates or providers. Signed, it lets them collect years of records, then look for an old back complaint or a past counseling visit to argue your injuries aren’t from this crash.
Kentucky law draws a line here. For PIP benefits, you do have to share relevant reports and authorize the insurer to inspect relevant records (KRS 304.39-280). The at-fault driver’s insurer has no comparable right before a lawsuit is filed.
How to respond: Don’t sign a blanket authorization. Your lawyer can send the records that actually relate to the claim.
Tactic 4: “Our doctor needs to examine you”
For PIP claims, if your condition is material to the benefits, the insurer can petition the circuit court for an order requiring a physical or mental exam (KRS 304.39-270). The court can order one for good cause. If you’re examined, you’re entitled on request to a copy of the doctor’s detailed written report. Some policies also have their own exam clauses.
How to respond: Ask what authority the request is based on. If an exam happens, bring a list of your symptoms, be accurate and consistent, and get the report.
Tactic 5: Questioning every bill and every visit
Common lines include “That’s a lot of chiropractic,” “Why did you wait a week to see a doctor?” and “The ER sent you home, so it couldn’t be serious.” Gaps in treatment and missed appointments are among the most common reasons a claim gets discounted.
How to respond: Get evaluated promptly, follow your doctor’s plan, and tell your providers about every symptom. If you stop treating for a reason like cost, childcare or work, make sure it’s documented.
Tactic 6: Shifting the blame to you
Kentucky uses pure comparative fault, so each percentage of fault an adjuster can pin on you reduces what you recover (KRS 411.182). Expect questions like “Were you on your phone?” “How fast were you going?” or “Did you look both ways?” See how Kentucky’s pure comparative fault rule works.
How to respond: Don’t guess or speculate. Preserve the evidence that shows what happened, like photos, video and witness names. Our checklist of evidence to preserve after an accident explains what to save.
Tactic 7: Using the car to settle the injury
Property damage is usually handled quickly, and that’s fine. The risk is the paperwork. Make sure anything you sign for the car covers only property damage. Releases with broad language can end the injury claim too.
Tactic 8: Watching your social media
Insurers routinely look at public social media. A photo at a cookout or a check-in at the gym can be used out of context to argue you’re not hurt.
How to respond: Set accounts to private, don’t post about the crash or your injuries, and assume anything you share could be seen by the adjuster.
Tactic 9: Delay
Unanswered calls, “the file is under review,” repeat requests for documents you already sent. Delay wears people down and makes a low offer look better. It can also run out the clock: negotiating doesn’t stop the statute of limitations.
How to respond: Put requests in writing, keep copies, and calendar your filing deadline. If needed, a lawsuit can be filed to protect your rights while talks continue.
Tactic 10: “You don’t need a lawyer”
Adjusters sometimes suggest that a lawyer will just take a cut. Remember who’s saying it. People with lawyers have someone who knows the value of the claim, the insurance available and the law that applies, and who is ready to file suit if the offer is unfair.
What Kentucky law says insurers can’t do
Kentucky’s Unfair Claims Settlement Practices Act, KRS 304.12-230, lists conduct that is an unfair claims practice. It includes:
“Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue”
“Refusing to pay claims without conducting a reasonable investigation based upon all available information”
“Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear”
“Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered”
“Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement”
For claims under your own policy, KRS 304.12-235 generally requires payment within 30 days after proper notice and proof of claim. If the insurer doesn’t make a good-faith attempt to settle in that time, the final settlement bears 12% annual interest. Attorney’s fees may also be available if the delay was without reasonable foundation.
Kentucky also allows someone injured by an insured driver to bring a bad-faith claim against that driver’s insurer (State Farm Mut. Auto. Ins. Co. v. Reeder, 763 S.W.2d 116 (Ky. 1988)). The bar is high. Under Wittmer v. Jones, 864 S.W.2d 885 (Ky. 1993), the claimant must show the insurer was obligated to pay, lacked a reasonable basis to deny, and knew it lacked one or acted with reckless disregard. A hard bargain alone isn’t bad faith. These claims usually wait until the injury claim itself is resolved. See our insurance bad faith page.
A simple script for handling insurance adjuster tactics on the first call
If an adjuster calls before you’ve talked to a lawyer, you can say:
“I’m still getting medical care and I’m not ready to discuss the details or give a statement. Please send any requests in writing. You can confirm my name, address and the date of the crash.”
Then write down the adjuster’s name, company, phone number and claim number.
Frequently asked questions
Is the insurance adjuster on my side?
No. Even your own insurer’s adjuster works for the company. The other driver’s adjuster is trying to limit what that company pays you.
Do I have to talk to the other driver’s insurance company in Kentucky?
Generally no. You don’t have a contract with that insurer and don’t owe it a recorded statement. Your own policy likely requires cooperation with your own insurer.
Why is the first settlement offer so low?
Early offers usually come before the full extent of your injuries is known, and they rely on the fact that many people will accept quick money. Once you sign a release, you can’t reopen the claim.
Should I sign a medical authorization from the insurance company?
Not a blanket one. For PIP, Kentucky law requires you to authorize relevant records. Release only what relates to the claim, and let your lawyer handle the request.
What can I do if an insurer is acting in bad faith?
Kentucky’s Unfair Claims Settlement Practices Act may allow a claim against the insurer, but the standard is demanding. Document everything and talk to a lawyer.
Does negotiating with the adjuster extend my deadline to sue?
No. Talks with an adjuster don’t pause or extend the statute of limitations.
