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Claimant Survival Guide

How to Deal with Insurance Adjusters After a Car Accident in Ontario

· LSO #51731A · ~8 min read

The insurance adjuster who calls you within 24 hours of your Toronto-area car accident sounds friendly, helpful, and concerned. That is not a coincidence. Adjusters are trained negotiators whose job is to close your file for as little as possible. Here's exactly what to say — and NOT say — during those calls.

The Adjuster's Goal Is Not to Help You

Adjusters work for an insurance company, not you. Their performance is measured on closing files quickly at the lowest cost. The friendly tone is a tactic. Recognize this and you can stay polite while protecting yourself.

Within 24-72 Hours You'll Get THREE Calls

  1. Your own insurer's SABS adjuster — to open your no-fault Accident Benefits claim. (See our SABS vs Tort guide.) This call is required by your policy.
  2. The at-fault driver's insurer — to "get your side" of what happened. You have NO obligation to talk to them.
  3. An independent third-party adjuster sometimes — for larger losses.

What to Say to YOUR Own Insurance Adjuster (SABS)

You DO need to cooperate with your own insurer on accident benefits. Stick to facts:

  • Date, time, location, vehicles involved, weather, speed limit
  • Whether police attended and the report number
  • Whether you've sought medical attention
  • Whether you've missed work (be honest)

Do NOT:

  • Diagnose yourself ("I'm fine" or "It's just whiplash")
  • Speculate about fault
  • Agree to a recorded statement without legal advice
  • Sign a medical release that covers your entire history

What to Say to the AT-FAULT DRIVER'S Adjuster (Tort)

Nothing.

You can — and should — say: "I'm represented by counsel. Please direct all communication to my lawyer at (416) 252-9937."

If you don't yet have a lawyer, say: "I'm in the process of retaining counsel. I'll have them contact you. I won't be making any statements until then." Then end the call politely. Do not feel rushed.

The "Recorded Statement" Trap

Adjusters routinely ask: "Do you mind if I record this call?" Always say no. Recorded statements are taken down to be used against you.

The "Quick Settlement" Trap

Within weeks, the at-fault driver's insurer often offers a "quick settlement" — typically $5,000–$15,000. The offer comes with a full and final release. Once you sign, you cannot reopen the claim, even if your injuries get worse. See real settlement ranges.

Red Flag Adjuster Statements

  • "This is the maximum we can offer" — almost always a negotiation opener
  • "You don't need a lawyer — they'll just take a cut of your settlement" — represented claimants net more even after fees
  • "If you don't accept today, the offer goes down" — a pressure tactic; ignore
  • "Sign here so we can release the funds quickly" — never sign without legal review

Social Media — The Modern Trap

Insurance defence lawyers screen claimants' Facebook, Instagram and LinkedIn. A vacation photo, gym selfie, or "feeling great today!" post can sink a soft-tissue case. Make your accounts private. Better yet, take a social-media pause until your case settles.

The Bottom Line

The first 30 days after an Ontario car accident shape your entire claim. If you've been in a Toronto-area car accident, get advice before talking to ANY adjuster about the at-fault driver. Call (416) 252-9937.

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Olga Kanevsky, LL.B, LL.M · Licensed in Ontario since 2001 · Law Society of Ontario #51731A

Frequently Asked Questions

Quick Answers

Need more help? Free consultation · (416) 252-9937

Do I have to talk to the other driver's insurance company? +
No. You have no legal obligation to give a statement to the at-fault driver's insurer. Direct them to your lawyer or simply state that you're in the process of retaining counsel.
What if I already gave a recorded statement? +
Don't panic — contact a lawyer immediately to assess the damage. We can often work around an unhelpful statement with proper medical evidence and follow-up documentation.
Can I refuse to sign a medical release? +
Yes for the at-fault driver's insurer. For your own SABS claim, the insurer can require limited medical information relating to your accident — but not a blanket release.
What if the adjuster keeps calling? +
Tell them once that all communication must go through your lawyer. After that, you can ignore further calls.
Do I have to give a statement if I was a passenger? +
Passengers have the same rights as drivers. You don't have to talk to anyone's insurer except your own SABS adjuster (and even there, only on facts).

Don't Talk to Their Adjuster Yet

Call us first. We tell you what to say in 20 minutes — at no cost.

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Page last reviewed and updated: May 16, 2026 by Olga Kanevsky, LL.B, LL.M