The Most Dangerous Call: Be careful What You Say
The chaos following a truck accident is disorienting. The roar of sirens, the flashing lights, the shock of the collision—it all happens in a blur. But amid the immediate aftermath, a calm, professional voice may reach out to you within hours, or even minutes. It’s the insurance adjuster, and while they may sound sympathetic, their call is the most dangerous conversation you can have without legal counsel.
This person is not on your side. Their singular objective is to gather information that can be used to minimize or deny your claim, thereby protecting the company’s bottom line. Their job is to find any way possible to avoid a multi-million dollar payout.
Understanding what to say—and more importantly, what not to say—to a trucking company’s insurance adjuster is a critical first step in protecting your legal rights in Little Rock, Arkansas. Your words, even a seemingly innocent comment, can be twisted and used against you later in court.
The Golden Rule: Say as Little as Possible
Your top priority after a truck accident should be to seek medical attention and then contact a qualified attorney. When the insurance adjuster calls, your best response is to provide only the bare minimum of information. Do not engage in a detailed conversation. Every word you speak can become a potential liability.
The adjuster may try to build rapport, asking “how are you feeling?” or “what happened?” These are not friendly inquiries. They are traps designed to elicit responses they can use against you. Saying “I’m okay” or “I feel fine” could later be used to argue that your injuries are not as severe as you claim. Giving a detailed account of the accident could contain small inaccuracies that are later used to discredit your entire testimony.
What NOT to Say to a Trucking Company’s Adjuster
Here is a list of crucial things you must avoid saying at all costs:
- “I’m Sorry” or Any Admission of Fault: This is a natural human reaction after a stressful event, but in a legal context, it can be interpreted as an admission of fault. In Arkansas, a “modified comparative negligence” law means your compensation can be reduced based on your percentage of fault. An “I’m sorry” can be used as evidence to place a greater percentage of the blame on you.
- A Recorded Statement: The adjuster will almost certainly ask you to provide a recorded statement, often claiming it’s a standard and necessary part of the process. Do not agree to this. You are not legally required to provide a recorded statement to the at-fault party’s insurance company. A recorded statement locks you into a single, potentially incomplete narrative. If new information comes to light or your injuries worsen, the adjuster can use the recording to claim you are being inconsistent.
- Specific Details About Your Injuries: They will ask about your injuries. Do not say anything beyond stating that you are seeking medical care. Do not give a detailed list of your symptoms. The full extent of your injuries—especially for things like whiplash or traumatic brain injuries—may not be known for days or even weeks. Speculating on your condition can be used against you if new symptoms appear.
- Speculation About the Accident’s Cause: Do not guess about how the accident happened. Stick to what you know as fact. Saying things like “I think the truck was speeding” or “I believe the driver was on their phone” is speculative and can be dismissed. Your attorney will use evidence like the truck’s black box data, driver logs, and witness statements to determine the cause.
- An Immediate Settlement Offer: If an adjuster offers you a quick settlement, it is almost always for far less than your claim is truly worth. This is a common tactic to make the claim disappear before you have time to consult an attorney and understand the full value of your medical bills, lost wages, and pain and suffering.
The Aggressive Tactics of Corporate Insurance
Understanding why these rules are so important requires knowing the financial scale of a truck accident claim. A commercial semi-truck is required to carry millions of dollars in liability insurance. As of 2024, the median value of a serious semi-truck accident claim far exceeds that of a car accident, with many settlements and verdicts reaching into the millions. This massive financial exposure means that trucking insurance companies will spare no expense in protecting their assets.
In fact, many large commercial carriers have “rapid response teams” that are dispatched to accident scenes almost immediately. They may arrive with investigators, accident reconstructionists, and lawyers to begin building a defense before the police have even completed their report. This aggressive, well-funded strategy highlights the crucial need for a legal advocate on your side.
What You Should Say Instead
When the insurance adjuster calls, you can give them a few basic, factual pieces of information and nothing more. Here’s what you should say:
- “My name is [Your Name].”
- “The accident happened on [Date] at [Time] at [Location].”
- “My vehicle is a [make, model, license plate].”
- “I have sustained injuries and am currently seeking medical treatment. I will not be discussing my condition further.”
- “For any other information, you will need to contact my attorney.”
This last point is the most powerful. It immediately tells the insurance company that you are serious and will not be taken advantage of.
The Little Rock Difference: Why a Local Attorney Matters
Choosing to handle this on your own is a common mistake. You may believe you can save money, but in reality, you are walking into a legal battle unprepared against seasoned professionals. The insurance adjuster knows the ins and outs of Arkansas law and will use it to their advantage.
An experienced Little Rock truck accident attorney knows the tactics employed by these insurance companies. They understand the nuances of Arkansas’s comparative negligence laws and can file a claim that addresses your specific damages, including future medical costs, lost earning capacity, and pain and suffering. They will also handle all communications with the insurance company on your behalf, allowing you to focus on your recovery without the stress of being constantly harassed.
In the aftermath of a traumatic truck accident, your top priority is your well-being. By understanding the immediate threats posed by insurance adjusters and taking decisive action to protect your legal rights, you can lay the groundwork for a successful and just outcome. The most important thing you can say is nothing at all, followed by the name of your lawyer.