The adjuster keeps calling. What now?
Your duty to cooperate runs to your own insurer, under your policy, not to the other driver's. You can ask the other driver's adjuster to put questions and offers in writing. In New Jersey, insurers must reply to letters within 10 working days and pay or explain an injury claim within 90 days. Checked October 9, 2026.
Sources: Standard personal auto policy, Part E; N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)Should I sign this?
Pick what the adjuster asked for. We'll show what it is, the rule, and what you can say back.
- What it is
- The adjuster records you answering questions about the crash and your injuries. The recording becomes part of the claim file.
- Why it matters
- You're answering before you know how bad your injuries are. Early answers can be used later to dispute your claim.
- The rule
- A standard auto policy's duty to cooperate is owed to the company that wrote it, your own insurer. You have no policy with the other driver's insurer, but refusing to give information the way it asks could still lead it to deny the claim.
"I'd like to answer in writing. Please send me your questions."
- What it is
- A form that lets the insurer get your medical records from your doctors and hospitals.
- Why it matters
- A broad release can reach records that have nothing to do with the crash.
- The rule
- A valid HIPAA authorization must describe the records it covers and when it ends. You can revoke it in writing at any time.
"I'll send the records about this crash. I won't sign a release for my whole medical history."
- What it is
- An amount the insurer will pay to close your claim.
- Why it matters
- An offer made before your treatment ends can't account for care you still need.
- The rule
- In New Jersey, the other driver's insurer must pay or explain an injury claim within 90 days. If it needs longer, it must say why in writing.
"Please send the offer in writing, with what it's based on. I'm not ready to decide."
- What it is
- The paper that closes the claim once you sign it.
- Why it matters
- Read every line before you sign: it says which claims it ends and whom it protects.
- The rule
- In New Jersey, a judge must approve a child's injury settlement. Once a settlement is agreed, the insurer must pay within 10 working days of getting the agreement, or of you meeting its conditions if that's later.
"I'll read the whole release before I sign. Please send me a copy."
Who's calling matters
The first question is whose adjuster it is. The rules are different for the other driver's insurer and your own.
It settles the claim against its own customer. You have no policy with it, so your policy's duty to cooperate doesn't apply. You can ask for everything in writing.
Your policy can require you to report the crash and cooperate. In New Jersey, your own PIP pays your medical bills first, whoever caused the crash.
What to say on the call
Keep the first call short. You can end it at any time and ask for the rest in writing.
- DoGive your name, your policy or claim number, and the date and place of the crash.
- DoWrite down the adjuster's name, phone number and claim number.
- DoAsk them to send questions and offers in writing.
- Don'tGuess about speed, distance or who caused it.
- Don'tSay you're fine if you're still being treated.
- Don'tAgree to be recorded or sign anything on the call.
NJHow fast they have to answer you
New Jersey sets deadlines for insurers. The clock starts when the insurer gets your claim. "Pay or explain" means pay, deny, or send a written reason they need more time.
- Acknowledge your claimN.J.A.C. 11:2-17.6(b)10 working days
- Start investigating itN.J.A.C. 11:2-17.7(a)10 working days
- Reply to your other letters about the claimN.J.A.C. 11:2-17.6(e)10 working days
- Pay or explain your PIP medical claim, once they have the billsN.J.A.C. 11:2-17.7(b)60 days
- Pay or explain a car damage claim against the other driverN.J.A.C. 11:2-17.7(c)(2)45 days
- Pay or explain an injury claim against the other driverN.J.A.C. 11:2-17.7(c)(3)90 days
- If they need longer: a written reason, then an updateN.J.A.C. 11:2-17.7(e)Every 45 days
- Pay a settlement you agreed toN.J.A.C. 11:2-17.7(f)10 working days
The written updates stop once a lawyer represents you. If an insurer misses these deadlines, you can file a complaint in writing with the New Jersey Department of Banking and Insurance. State law lists unfair claim practices, like not trying in good faith to settle a claim once fault is reasonably clear.
Source: N.J.A.C. 11:2-17.6(b), (e); N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f); New Jersey Department of Banking and Insurance, How to Request Assistance; N.J.S.A. 17:29B-4(9)(f)Signs a free consultation is worth it
Many claims settle without a lawyer. These are the situations where the rules get harder to handle alone.
- The offer came before your treatment endedIt can't include care you still need.
- They say you caused the crashIn New Jersey, you recover nothing if you were more than 50% at fault, and less the more you were at fault.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
- Your injury may be permanent, or you needed surgeryUnless a driver chose otherwise in writing, New Jersey auto policies limit pain and suffering claims to serious injuries, like a permanent injury or a displaced fracture.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
- Their coverage looks too smallNew Jersey's minimum is $35,000 per person for injuries, on policies issued or renewed from January 1, 2026. Basic policies are an exception.Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1
- Your deadline is getting closeIn New Jersey, an injury lawsuit generally must be filed within 2 years.Source: N.J.S.A. 2A:14-2(a)
- A government vehicle or road was involvedA claim against a New Jersey town, county or state agency must be presented within 90 days.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
Sources
- Standard personal auto policy, Part EYour duties to your own insurer after a crash, in the standard policy wording. A sample posted by Oklahoma's insurance regulator; your own policy's wording is what counts. Checked .
- N.J.A.C. 11:2-17.6(b), (e)Cornell Legal Information Institute, New Jersey Administrative Code. Checked .
- N.J.A.C. 11:2-17.7(a), (b), (c)(2), (c)(3), (e), (f)Cornell Legal Information Institute, New Jersey Administrative Code. Checked .
- Maine Bureau of Insurance, Auto Claims FAQsA state insurance regulator on what refusing the other driver's insurer can mean. Checked .
- 45 C.F.R. § 164.508What a valid medical records authorization must include, and your right to revoke it. Checked .
- R. 4:44-3New Jersey Court Rules, via Court Rules Network. Checked .
- R. 1:21-7(c)(6)New Jersey Court Rules, via Court Rules Network. Checked .
- A New Jersey auto policy endorsementAn example of the cooperation duty in a policy written for New Jersey. Checked .
- N.J.S.A. 39:6A-4Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-8.1(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- New Jersey Department of Banking and Insurance, How to Request AssistanceNew Jersey Department of Banking and Insurance. Checked .
- N.J.S.A. 17:29B-4(9)(f)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:15-5.1Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:15-5.2Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-8(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-2(i)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-8.1(b)Justia, 2025 New Jersey Revised Statutes. Checked .
- P.L.2022, c.87 (N.J.S.A. 39:6A-3)New Jersey Legislature, P.L.2022, c.87, approved August 5, 2022. Checked .
- N.J.S.A. 39:6A-3.1Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked .
General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.
Questions people ask
Do I have to talk to the other driver's insurance adjuster?
Your policy's duty to cooperate is with your own insurer, the company that wrote it. You have no policy with the other driver's insurer. You can keep the call short and ask the adjuster to send questions and offers in writing.
Why does the adjuster keep calling?
Adjusters call to get the facts, your records and a statement so they can settle the claim. You can ask them to put each request in writing and answer when you're ready.
Can the insurance company get all my medical records?
Not with a release you didn't sign. A HIPAA authorization must describe the records it covers and when it ends. You can ask for one limited to the crash and revoke it in writing at any time.
How long does an insurer have to respond in New Jersey?
It must acknowledge your claim and reply to your letters within 10 working days. The other driver's insurer has 90 days to pay or explain an injury claim, and must say in writing why if it needs longer.
What if I already gave a recorded statement?
It stays in the claim file. You can still ask that everything from now on be in writing, and a lawyer can review what you said if the claim gets harder.
More insurance claims guides
- Should you give a recorded statement?
- What to do after a car accident in New Jersey
- Average car accident settlement: what the data shows
- How to choose an injury lawyer in New Jersey
- How injury lawyer fees work in New Jersey
- How PIP pays your medical bills in New Jersey
- Claims against a town or the State in New Jersey
- How long a settlement takes
- Shared fault in New Jersey
- Deadlines to sue for an injury in New Jersey
- New Jersey's verbal threshold, explained
- Take-home settlement calculator
- All guides