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Guide · Insurance claims · All states

The adjuster keeps calling. What now?

Updated By Spencer, editorEvery fact cites a source

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)
Checker

Should I sign this?

Pick what the adjuster asked for. We'll show what it is, the rule, and what you can say back.

A recorded statementUsually the other driver's insurer
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.
What you can say

"I'd like to answer in writing. Please send me your questions."

Source: Standard personal auto policy, Part E; Maine Bureau of Insurance, Auto Claims FAQs
A medical records releaseEither insurer
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.
What you can say

"I'll send the records about this crash. I won't sign a release for my whole medical history."

Source: 45 C.F.R. § 164.508
A settlement offerUsually the other driver's insurer
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.
What you can say

"Please send the offer in writing, with what it's based on. I'm not ready to decide."

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)
A release to signThe insurer paying the settlement
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.
What you can say

"I'll read the whole release before I sign. Please send me a copy."

Source: R. 4:44-3; R. 1:21-7(c)(6); 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)

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.

The other driver's insurerWorks for the other driver

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 own insurerYou have a contract with them

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.

Source: Standard personal auto policy, Part E; A New Jersey auto policy endorsement; N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-8.1(a)

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.

  1. Acknowledge your claimN.J.A.C. 11:2-17.6(b)10 working days
  2. Start investigating itN.J.A.C. 11:2-17.7(a)10 working days
  3. Reply to your other letters about the claimN.J.A.C. 11:2-17.6(e)10 working days
  4. Pay or explain your PIP medical claim, once they have the billsN.J.A.C. 11:2-17.7(b)60 days
  5. Pay or explain a car damage claim against the other driverN.J.A.C. 11:2-17.7(c)(2)45 days
  6. Pay or explain an injury claim against the other driverN.J.A.C. 11:2-17.7(c)(3)90 days
  7. If they need longer: a written reason, then an updateN.J.A.C. 11:2-17.7(e)Every 45 days
  8. 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.

  1. The offer came before your treatment endedIt can't include care you still need.
  2. 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
  3. 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)
  4. 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
  5. 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)
  6. 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

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.

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