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How Insurance Adjusters Decide on a Settlement

When an insurance company receives a claim after a car accident, a claims adjuster is assigned to evaluate it. That adjuster's job is to determine what the insurer owes — and how much. Understanding how that process works can help accident victims make sense of the offers they receive and the timelines involved.

What an Insurance Adjuster Actually Does

An adjuster investigates the claim on behalf of the insurance company. That investigation typically includes:

  • Reviewing the police report and any witness statements
  • Inspecting vehicle damage (or reviewing repair estimates)
  • Collecting medical records and bills
  • Evaluating lost wages documentation
  • Assessing fault based on available evidence

Adjusters work for the insurer — not for the claimant. Their evaluation is shaped by the insurer's interests, but it's also governed by the policy language, state law, and the documented facts of the accident.

The Two Types of Claims That Adjusters Handle

The claim type affects how the adjuster approaches settlement:

Claim TypeWho Files ItAgainst Whom
First-party claimYouYour own insurer
Third-party claimYouThe at-fault driver's insurer

In a first-party claim, you're dealing with your own insurance company under coverages like collision, PIP (personal injury protection), or MedPay. In a third-party claim, you're dealing with someone else's liability coverage — and that insurer's primary obligation is to its policyholder, not to you.

How Fault Shapes the Settlement Calculation

Before any dollar amount is calculated, the adjuster determines who was at fault and to what degree. This matters because most states use some version of comparative fault, which reduces compensation based on the claimant's percentage of responsibility for the accident.

A small number of states still follow contributory negligence rules, where any fault on the claimant's part can eliminate recovery entirely. A separate group of states operate under no-fault rules, where your own PIP coverage pays your medical bills regardless of who caused the crash — though the ability to step outside no-fault and pursue a claim against the at-fault driver depends on meeting certain injury or cost thresholds.

The adjuster will use the police report, photos, statements, and sometimes accident reconstruction to form a fault determination. That determination directly affects the settlement range.

What Goes Into the Settlement Number 📋

Once fault is established, the adjuster calculates damages — what the claimant has actually lost. These typically fall into two categories:

Economic damages — quantifiable financial losses:

  • Medical bills (past and projected future treatment)
  • Lost income or diminished earning capacity
  • Property damage and vehicle repair or replacement
  • Out-of-pocket expenses related to the accident

Non-economic damages — harder to quantify:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent impairment or disfigurement

Adjusters use different methods to arrive at a non-economic damages figure. Some insurers use a multiplier method, multiplying total medical expenses by a number that reflects injury severity. Others use a per diem approach, assigning a daily dollar value to pain and suffering for the duration of recovery. Neither method is universal, and neither is required by law in most states.

Key Variables That Change the Outcome ⚖️

No two settlements are the same. The factors that significantly shape what an adjuster offers include:

  • State fault rules — comparative, contributory, or no-fault framework
  • Policy limits — a settlement can't exceed the at-fault driver's liability limits (or your own UM/UIM limits if the other driver was underinsured)
  • Severity and documentation of injuries — documented treatment strengthens the claim; gaps in care or delayed treatment can reduce it
  • Whether medical treatment is ongoing — adjusters often want to settle after treatment ends and the full picture is known
  • Pre-existing conditions — insurers may argue some injuries predated the accident
  • Attorney involvement — represented claimants tend to receive different settlement dynamics than unrepresented ones, though outcomes vary widely
  • Comparative fault percentage — if you're found 20% at fault in a comparative fault state, your recovery is reduced accordingly

Why Settlements Take Time

Adjusters generally don't make final offers while a claimant is still in active medical treatment. The reason is practical: the full extent of economic damages isn't known until treatment concludes or reaches maximum medical improvement (MMI) — the point at which a treating physician determines the patient has recovered as fully as expected.

Settling before MMI means accepting a fixed amount before knowing the total cost of care. Adjusters know this. So do attorneys, which is one reason legal representation often changes the pace and structure of negotiations.

The Gap Between General Process and Your Specific Claim

The framework above describes how settlement evaluations typically work — but "typically" covers a wide range of situations. The actual outcome in any individual claim depends on which state the accident occurred in, what coverage applies, how fault is assigned, how injuries are documented, and what the policy limits are.

An adjuster's first offer is rarely a final one. Whether it reflects a fair valuation of a specific claim — or falls short — isn't something that can be answered without knowing all the facts of that situation.