The Adjuster’s Gambit: Why ‘Be Nice’ is Terrible Advice and How to Win the Information War

Part I: The Anatomy of a Lie – My Costly Epiphany

Early in my career as a lawyer, I learned a lesson that wasn’t in any textbook.

It came from a client I’ll call Maria.

She was rear-ended at a red light—a textbook case of a non-fault accident.

She was injured, her car was a wreck, and she was, understandably, shaken.

Following the standard advice you read everywhere, Maria was the perfect claimant.

She was honest, polite, and unfailingly cooperative with the other driver’s insurance adjuster.¹

I watched it unfold like a slow-motion catastrophe.

The adjuster, a master of disarming friendliness, expertly guided Maria into a minefield of seemingly innocent questions.

“How are you today?” he’d ask.

“I’m doing okay,” she’d reply, trying to be positive.

That was noted as evidence her injuries weren’t severe.³

During one call, flustered by the process, she said, “I’m so sorry for all this trouble.” That was twisted into a potential admission of partial fault.⁴

The result? The initial settlement offer was a slap in the face.

It barely covered her emergency room visit, let alone her ongoing physical therapy or the full value of her totaled car.

Maria was devastated, and I was furious—not just at the adjuster, but at the conventional wisdom that had so spectacularly failed her.

Deconstructing the Conventional Wisdom

We’ve all seen the advice.

Countless articles present a neat list of “Dos and Don’ts” for talking to an insurance adjuster.¹

“Do Be Prepared,” “Do Stay Calm and Polite,” “Do Be Honest”.¹

On the surface, this advice seems sound.

Who would argue against being polite and honest? But this guidance is dangerously incomplete.

It fails to account for the fundamental nature of the interaction.

It presumes a cooperative relationship where none exists.

The problem isn’t that being polite is wrong; it’s that claimants are taught the rules of a friendly conversation, while adjusters are playing an entirely different game—an adversarial, investigative one where your politeness is a tool for them to use against you.

The Systemic Problem

Maria’s experience wasn’t an anomaly.

It’s a feature of the system, not a bug.

Insurance companies are for-profit businesses, and their financial health depends on paying out less in claims than they collect in premiums.⁷

Data from the health insurance sector, for example, reveals that insurers on the HealthCare.gov marketplace denied nearly one in five in-network claims in 2023.⁹

This isn’t a sign of a few rogue adjusters; it’s a business model.

The standard advice to “be nice and honest” is a form of passive psychological conditioning that benefits the insurer.

It frames the interaction as a customer service call, not the financial negotiation it truly is, disarming you and making you vulnerable to manipulation.

Part II: The Paradigm Shift – From Conversation to Campaign

After the disaster of Maria’s initial negotiation, I had an epiphany.

My legal training was only half the battle.

I dove into the study of negotiation, strategy, and psychology from other fields.

I realized that handling an insurance claim is not a conversation; it’s a strategic campaign, and information is the most valuable asset.

The goal is not to convince an adjuster with your story but to compel a fair settlement with superior information and preparation.

This led me to develop a new paradigm, one that I now teach all my clients.

It’s a framework I call Information Control, and it draws its principles directly from Military Strategy and Intelligence Operations.¹²

• The Adjuster as an Intelligence Officer: Their primary mission is to gather intelligence—your statements, your records, your casual remarks—to identify weaknesses in your position and minimize their side’s financial exposure.⁷
• You as the Strategic Commander: Your mission is to define your objective (a specific, fair settlement amount), meticulously control the flow of all information, and never cede a tactical advantage.
• Documentation as Your Logistics Chain: Your evidence—photos, repair estimates, medical bills, communication logs—is the supply line that fuels your entire campaign. A weak supply line guarantees defeat.¹⁸

This mental shift is the single most important factor in determining your success.

It changes everything.

The Conventional Playbook (The Victim’s Mindset)	The Strategic Framework (The Commander’s Mindset)
Goal: “Tell my story and hope they’re fair.”	Goal: “Achieve a specific, calculated settlement objective.”
The Call is a: “Conversation”	The Call is a: “Recorded, official debriefing.”
The Adjuster is a: “Customer Service Rep”	The Adjuster is an: “Adversary’s Intelligence Officer”
Your Role is: “To be helpful and answer questions.”	Your Role is: “To provide verified facts only and control the narrative.”
Your Power Comes From: “The ‘fairness’ of your situation.”	Your Power Comes From: “The quality and organization of your evidence.”

Part III: Know Your Adversary, Know the Terrain – Profiling the Adjuster

To win this campaign, you must understand the person on the other side of the table.

Adjusters are not mustache-twirling villains.

They are professionals operating within a high-pressure system.

Insights from adjuster communities reveal individuals buried under immense caseloads, often juggling 200-300 claims at once.²⁰

They face constant pressure to close files quickly and cheaply, with their performance often measured by metrics that incentivize low payouts.²²

Many rely on powerful software programs (like Colossus) that analyze data points and generate a “fair” settlement range, often minimizing the human element of your suffering.²⁰

Their primary objective, dictated by their employer, is to protect the company’s bottom line by paying as little as possible on each claim.⁷

To achieve this, they are trained in a specific set of psychological and procedural tactics.

Recognizing these tactics is the first step to neutralizing them.

Tactic Name	What It Looks/Sounds Like	Strategic Purpose	Your Counter-Move
The Empathy Gambit	“I’m so sorry you’re going through this. We want to help.” 17	To lower your guard, build false rapport, and encourage you to speak freely.	Acknowledge politely (“Thank you”) and pivot immediately to business. Do not reciprocate with personal feelings or apologies.
The Recorded Statement Trap	“I just need to get your recorded statement for the file. It’s just a formality.” 3	To lock you into a single version of events early on, before you know the full extent of your injuries/damages, and to fish for contradictions.	Politely decline. State: “I am not prepared to give a recorded statement at this time. All communication will be in writing.”
The Quick Settlement Lure	“We can get a check out to you today for $X,XXX to put this behind you.” 3	To settle the claim for a low amount before you realize the full cost of your damages (future medical care, full repair costs).	Never accept a first offer. State: “Thank you for the offer. I will review it and respond in writing after I have a full understanding of my damages.”
The Delay Game	Unreturned calls, slow responses, requests for redundant information.17	To frustrate you and increase your financial pressure, making you more likely to accept a low offer out of desperation.	Communicate exclusively in writing (email) to create a paper trail. Set clear deadlines for responses in your letters.
The Medical Release Dragnet	“Just sign this form so we can get your medical records and process the claim.” 5	To gain access to your entire medical history to search for pre-existing conditions they can use to deny your claim.17	Never sign a blanket medical release. Provide only the specific records relevant to the injuries from this specific incident.

Part IV: Your Arsenal – Forging an Unbreakable Chain of Evidence

In the Information War, the side with the most organized, credible, and comprehensive intelligence wins.

Documentation is not a chore; it is the act of forging leverage.

An undocumented loss is a non-existent loss in the eyes of an insurer.¹⁹

From the moment the incident occurs, you must become a meticulous archivist.

Your evidence should be organized into three core dossiers.

The Three Core Dossiers

1. The Damage & Inventory Log: This is a forensic record of every single item of damage. For a property claim, this is your most powerful weapon. Start by taking extensive photographs and videos from multiple angles—wide shots for context, close-ups for detail—ideally with timestamps enabled.²⁸ Create a written inventory, either on a spreadsheet or using a template, listing each damaged item, its description, brand, model, age, original cost, and estimated replacement cost.²⁸ An insurance company cannot argue with a photo of a cracked foundation or a receipt for a destroyed appliance.
2. The Medical & Symptom Journal: For personal injury claims, this dossier is crucial for justifying damages beyond simple medical bills. Every day, log your pain levels (on a scale of 1 to 10), list your physical symptoms, note all medications taken, and—most importantly—describe how the injuries impact your daily life. “Back pain made it impossible to lift my child,” or “Headache prevented me from concentrating at work.” This journal provides the raw data that gives life and value to a “pain and suffering” claim.²⁰
3. The Communication Log: This is your defense against the Delay Game. Maintain a strict log of every single interaction with the insurance company. Note the date, time, the representative’s full name and title, and a detailed summary of what was discussed.¹ After every phone call, send a polite follow-up email confirming your understanding of the conversation. This creates an undeniable paper trail that establishes timelines and holds the adjuster accountable.¹

The Ultimate Damage Documentation Checklist

IMMEDIATE ACTIONS (First 24 Hours)

[ ] Take photos/videos of the entire scene before anything is moved.

[ ] Report the claim (provide only basic facts: who, what, where, when).

[ ] Make temporary repairs to prevent further damage (e.g., tarp on roof) and KEEP RECEIPTS.19

PROPERTY DAMAGE DOSSIER

[ ] Create a spreadsheet/inventory list.34

[ ] Columns: Item, Description (Brand/Model/Serial #), Age, Original Cost, Replacement Cost, Photo #.

[ ] Gather receipts, manuals, credit card statements for proof of ownership.28

[ ] Get multiple independent repair estimates from licensed contractors.28

PERSONAL INJURY DOSSIER

[ ] Start a daily symptom journal (pain scale 1-10, limitations).

[ ] Keep a file for all medical bills, reports, and prescription receipts.

[ ] Document lost wages with a letter from your employer.18

COMMUNICATION DOSSIER

[ ] Create a log for all calls/emails (Date, Time, Rep Name, Summary).

[ ] Follow up every phone call with a summary email to create a written record.1

Part V: The Rules of Engagement – Mastering Information Control

Adopting the strategic mindset means following a strict protocol for all communications.

These rules are not about being difficult; they are about professionalizing the interaction and seizing control of the information flow.

You are shifting the battlefield from the adjuster’s preferred terrain of ambiguous, emotional conversation to your prepared ground of documented facts.

Rule 1: Control the Record

Never give a recorded statement.³

An adjuster’s request for one is a trap, plain and simple.

It is designed to lock you into a story before you know all the facts and to create a recording they can mine for contradictions later.

Your response should be polite but firm: “I am not providing a recorded statement at this time.

I am happy to provide any necessary information in writing.” This forces all communication onto a clear, unambiguous, and reviewable record.

Rule 2: The “Just the Facts” Protocol

When you report the claim and in any subsequent communication, you provide only the core, verifiable facts: who was involved, what happened, where it happened, and when it happened.²

Do not offer opinions, speculation (“I think the other driver was on their phone”), or emotions.

If you do not know an answer, the correct response is “I don’t know” or “I don’t recall”.⁴

Never guess.

Every word you volunteer is a potential weapon they can use against you.

Rule 3: The “Medical Status” Script

The adjuster will ask about your injuries.

They want you to say “I’m fine” or “It’s just a little whiplash.” This allows them to cap the value of your injury claim early.

Your response, every time, must be a variation of this script: “I am still under medical evaluation, and it is too soon to know the full extent of my injuries”.³

This statement is truthful, accurate, and keeps the door open for compensation for injuries that may become apparent later.

Rule 4: The Liability Firewall

Never admit fault.

Never apologize.

Never say anything that could possibly be construed as an admission of fault, like “I should have seen them” or “I’m so sorry”.¹

Liability is a complex legal determination, not a matter of politeness.

State facts about your own actions (“I was traveling at the posted speed limit”) but do not assign blame to others or accept any yourself.

Let the evidence and the official investigation determine fault.

Rule 5: The Information Silo

Your life is not an open book.

You are only obligated to provide information directly relevant to the claim.

Do not volunteer details about your income, your work schedule, your family, or your personal history unless it is a documented part of your damages (like lost wages).⁴

Every extra piece of information you provide is a data point the adjuster can use to build a profile and find leverage against you.

Keep your communication strictly limited to the business of the claim.

Part VI: The Negotiation Campaign – From First Contact to Final Settlement

With your evidence organized and your communication protocol established, you are ready to negotiate.

This is not a haggle at a flea market; it is a strategic exchange of information, what some have called a chess game.²⁵

Opening Moves – The Demand Letter

Your first major offensive move is a comprehensive demand letter.

This is where you synthesize all the evidence from your dossiers into a single, powerful document.³¹

It should professionally and factually lay out the events of the incident, clearly establish the other party’s liability, detail every category of your damages (property, medical, lost wages, pain and suffering), and conclude with a specific, evidence-backed settlement amount you are demanding.

This letter is your opening salvo; it anchors the negotiation around your number, not theirs.

Countering the Lowball Offer (Anchoring Bias)

The adjuster’s first offer will almost certainly be a lowball.¹⁸

This is a well-known psychological tactic called “anchoring,” designed to fix the negotiation in a range favorable to them.⁴⁰

Do not get angry; this is an expected move.

Your job is to ignore their anchor and re-anchor the negotiation to your number.

Your response should be in writing.

Thank them for the offer, and then ask for a detailed, line-by-line justification for how they arrived at their figure.⁵

This forces them to put their reasoning on paper.

Then, you respond with a counter-offer that methodically refutes their valuation, using your own evidence (your contractor’s estimate vs. theirs, your medical journal vs. their software’s valuation) to demonstrate why your demand is the more accurate one.¹⁸

The Mid-Game – Principles of Persuasion

Throughout this back-and-forth, you are leveraging key principles of persuasion.⁴²

Your meticulous documentation and professional communication establish your

Authority and credibility.

Your consistent adherence to your evidence-backed position leverages the principle of Consistency.

You are not just a victim asking for money; you are an informed, organized party presenting an irrefutable case.

The Endgame – Closing the Deal

Patience is a weapon.¹⁸

The adjuster often uses delay tactics, hoping you’ll grow desperate.

But because you have a complete record and are prepared for a long campaign, you can wait them O.T. Throughout the process, you must know your BATNA—your Best Alternative to a Negotiated Agreement.⁴⁶

In this context, your BATNA is hiring an attorney and filing a lawsuit.

The adjuster knows this, and your professionalism signals that you are willing to escalate.

Once you reach a verbal agreement, do not celebrate yet.

Insist on receiving the final settlement and release agreement in writing and review it carefully before signing anything.¹⁸

Part VII: Calling in Air Support – When to Escalate to a Professional

Knowing when to call for reinforcements is a sign of strategic strength, not weakness.

For complex claims, bringing in a professional is a force multiplier that can fundamentally change the outcome.

The Public Adjuster (For Property Claims)

A public adjuster is a state-licensed professional you can hire to advocate on your behalf for a property damage claim.⁴⁸

They handle the entire process: documenting the loss, preparing the claim, and negotiating with the insurance company.

They work for you, not the insurer, and are typically paid a percentage of the final settlement, often between 10% and 20%.⁵⁰

• When to Hire: For large, complex homeowner claims like a major fire, hurricane, or extensive water damage, where the task of inventorying and valuing the loss is overwhelming.⁵¹
• How to Hire: Always verify their license with your state’s department of insurance. Check online reviews and ask for references. Ensure you understand their fee structure and have it in writing before signing a contract.⁴⁹

The Personal Injury Lawyer (For Accident Claims)

A personal injury lawyer takes over the entire campaign for you.

They handle all communication, navigate legal complexities, and bring the most powerful form of leverage to the table: the credible threat of a lawsuit.

• When to Hire: You should consult an attorney immediately if your injuries are serious, if liability is being disputed, if the insurer is denying a valid claim or using obvious delay tactics (acting in “bad faith”), or if the settlement offer is grossly unfair.²⁷
• The Value Proposition: Hiring a lawyer fundamentally changes the game. The adjuster can no longer use their standard psychological playbook; they must now operate under the formal rules of legal engagement.³⁹ The risk for the insurance company escalates dramatically—from dealing with a single claimant to facing depositions, discovery, and a potential jury verdict. This increased risk is why studies have shown that claimants who hire a lawyer often receive significantly higher settlements.²⁷

Conclusion: The Architect of Your Own Outcome

I often think back to Maria.

Her case set me on this path, but the story doesn’t end there.

A few years later, I represented a man named David.

His situation was similar—a clear non-fault accident, significant injuries.

But this time, we ran a different playbook.

From day one, David was the strategic commander of his claim.

He kept a meticulous symptom journal.

He followed the communication rules to the letter.

All communications were in writing.

His answers were factual and precise.

When the adjuster came with the inevitable lowball anchor, we were ready.

We didn’t get emotional; we responded with our own evidence-backed counter-offer.

The negotiation was professional, fact-based, and brief.

David received a fair settlement that covered all his current and future needs, without the stress and heartache Maria had endured.

The insurance claim process is an unequal playing field by design.

But you are not powerless.

By rejecting the passive, conventional playbook and adopting the mindset of a strategic commander, you can seize control of the information, neutralize the adjuster’s tactics, and become the architect of your own fair outcome.

You have the power to transform the game from one of chance to one of strategy.

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