Talking to the Insurance Adjuster After Your Family Member Died

If you are asking what to say to an insurance adjuster after a family member dies, the short answer is this: keep the call brief, stick to facts you know, and ask for every request in writing. An adjuster works for the insurance company, not for your family.

Why an Insurance Adjuster Is Calling Your Family So Soon

An insurance adjuster works for the insurance company, even when the call sounds kind. The adjuster’s job is to resolve claims for that company.

If you’re reading this, someone you love has died. You may be arranging a funeral, telling relatives, and sorting through mail. Then the phone rings, and a stranger asks about what happened. That’s a lot to hold at once.

Calls can come quickly after a fatal crash, a dog attack, or an accident on someone’s property. A quick call doesn’t tell your family what the claim is worth. It also doesn’t mean your family has to answer on the spot.

Your family has choices about how and when to respond. The sections below cover who can speak for the person who died, what to say and avoid, how to handle written requests, and which records to gather first.

Who Can Speak for the Person Who Died

Under California law, a wrongful death claim is brought by certain relatives or by the decedent’s personal representative on their behalf. The person who died is the decedent, and the personal representative manages the estate.

Code of Civil Procedure § 377.60 names who may bring the claim. It lists a surviving spouse, a domestic partner, and children. Under Cal. Code Civ. Proc. § 377.60(a), if the decedent has no surviving issue, a wrongful death action may be brought by the persons, including the surviving spouse or domestic partner, who would be entitled to the decedent’s property by intestate succession, meaning inheritance without a will.

Other relatives can qualify too. If the decedent left no surviving children or other issue, the people who would inherit the decedent’s property by intestate succession may bring the claim, and if the decedent’s parents would be entitled to sue but are deceased, the decedent’s legal guardians, if any, may bring it as if they were the parents. A minor who lived in the decedent’s household for the previous 180 days, and who got half or more of support from the decedent, may also qualify.

Whether a particular relative qualifies depends on the facts of your family. Don’t assume who qualifies based on what the adjuster says.

Before you discuss the claim, confirm two things. Who is authorized to act for the estate? And whom does the adjuster represent? The adjuster represents the insurer, not your family.

Write down the decedent’s full legal name, date of death, and claim number. Put them at the top of every letter and call note.

Simple Things You Can Say on the Phone

To answer what to say to an insurance adjuster after a family member dies, keep it short and true. Say only what you know.

Start by giving your name and your relationship to the person who died. Then ask for the adjuster’s name, company, direct phone number, and claim number.

These plain phrases work well:

• “We are grieving, and I’m not able to discuss the details right now.”
• “I’m still gathering information about what happened.”
• “Please send your questions and requests to me in writing.”

Ask for a mailing address or email address for written messages. Written messages give your family something to read slowly and share with other relatives.

Write down the date, time, and what was said on every call. Include the adjuster’s name. A simple note can help your family keep an accurate record, even weeks later.

What to Avoid Saying to an Insurance Adjuster

Avoid guesses, medical details, offers, and signatures during the first conversations.

Guessing about fault. Don’t guess about speed, distraction, or what anyone did. Guesses made under stress can be repeated later as if they were facts.

Medical history. Don’t describe the decedent’s medical history, prior conditions, medications, or the cause of death until you have the actual records in hand.

Value or offers. Don’t state a value for the loss, and don’t accept an offer on the phone. An offer may be presented as a convenient final step. Your family can take time to review it.

Signatures. Don’t sign a release, a medical authorization, or a settlement form until you understand its scope. A broad medical authorization can reach records far beyond the claim.

Recorded Statements, Written Requests, and Records Requests

A recorded statement can wait. Your family can ask for questions in writing first, ask for a later date, or decline to give a statement on the day requested.

Ask whether the call is being recorded. If it is, ask for a copy of the recording or any transcript the insurer keeps.

Written requests for medical or employment records need a careful read. Check the date range, the providers named, and whether the request reaches unrelated history from years earlier. Narrow requests are easier to answer accurately than broad ones.

Your family decides how to respond to any written request. Read it slowly, make notes, and talk it over with our team before signing or sending anything.

Records to Gather Before Your Family Speaks at Length

Start with the police or traffic collision report, the death certificate, and any coroner or medical examiner report. These documents give your family a shared, accurate starting point.

Gather photos, witness names and phone numbers, and any scene notes your family already has. Write the date you obtained each item on it.

Keep funeral and burial bills, hospital or emergency care bills, and records of the income the decedent earned. These show the financial losses your family may need to describe.

Family records can also show the relationship. Photos, messages, and calendars can show the daily life your family shared. Our page on loss of companionship in a California wrongful death claim covers that topic in more detail.

If the death involved a crime, the California Victim Compensation Board describes eligibility for certain family members of victims. Its listed crimes include driving under the influence and vehicular manslaughter. That program is separate from a civil wrongful death claim.

Where Wrongful Death Claims Are Filed in Kern County and Nearby Areas

A California wrongful death claim has a filing time limit, and that limit is separate from talks with an insurer. Code of Civil Procedure § 335.1 sets a two-year period for actions for the death of a person caused by another’s wrongful act or neglect.

Talks with an insurance company and a lawsuit are different steps. A conversation with an adjuster can feel like progress, but your family should still track the date of death and keep the timeline clear.

Where a lawsuit is filed turns on the details of the case, including where the incident happened. Families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi can contact Colvin Accident Lawyers, which is based in Bakersfield, California.

Talking With a Wrongful Death Lawyer Before You Answer More Questions

If an adjuster has asked your family for a statement, talking with a wrongful death lawyer first can help you decide what to say and what can wait.

You may be planning a funeral, unsure which papers matter, and unsure which questions need answers now. That is a hard place to be, and it is a reasonable time to ask for help.

Colvin Accident Lawyers, based in Bakersfield, California, handles wrongful death matters and cases involving car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury. Our first consultation is free, confidential, and carries no obligation to continue.

If an adjuster is calling your family now, reach out to Colvin Accident Lawyers through our contact page to talk about what to say and what can wait.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.