What Insurance Adjusters Write in Their Internal Notes and How It Can Hurt Your Maryland Injury Case

If you’ve been in a car accident in Maryland, you may think the insurance claim process is about fairness.

It isn’t.

It’s about documentation, leverage, and risk management and one of the most important tools the insurance company uses is something you will probably never see:

The adjuster’s internal claim notes.

Every time you speak with an insurance adjuster, there’s a strong chance they are summarizing your words in a way that protects the company not you. Those notes can quietly shape:

• Whether your claim is “accepted” or “disputed”

• Whether they blame you “a little”

• Whether they downplay your injuries

• How much they offer

• How aggressively they fight your case
  

And because Maryland follows a harsh contributory negligence rule (the “1% Rule”), an insurer only needs a small opening to argue you were partly at fault.

This article explains what adjusters typically record, how those notes get used, and how to protect your case.

Important: This is general legal information, not legal advice for your specific case.

Why Internal Claim Notes Matter So Much in Maryland

In many states, an insurer can still pay something even if they argue you were partly at fault.

In Maryland, the dynamic is different.

If the insurer can credibly argue you contributed to the crash even slightly they may attempt to deny the claim entirely or use that argument to pressure you into a discounted settlement.

That’s why internal notes often focus on:

• Fault hooks (anything that suggests you contributed)

• Medical doubt (anything that suggests you’re “not really injured”)

• Delay narratives (anything that suggests your treatment is unrelated)

• Credibility narratives (anything that makes you look inconsistent)
  

What Adjusters Commonly Write in Their Notes

Adjuster notes vary, but most claim files include recurring categories. Here are the ones that routinely damage Maryland injury claims.

1) “Liability Exposure” — How They Plan to Blame You

Adjusters frequently summarize the crash with emphasis on any fact that can be framed against you:

• “Claimant stated he ‘didn’t see’ the other vehicle…”

• “Claimant may have stopped suddenly…”

• “Claimant unsure of light color…”

• “Claimant was changing lanes…”
  

Even innocent uncertainty (“I don’t know,” “I’m not sure,” “It happened so fast”) can be documented as weakness. Later, the insurer may treat that “weakness” as justification to dispute liability or cut value.

Maryland reality: the insurer is often looking for a path to “you share some fault.”

2) “Injury Indicators” — How They Decide Whether to Believe You

Adjusters often document details like:

• Did you go by ambulance?

• Did you go to the ER?

• How soon did you seek care?

• What did you say about pain on day one?

• Did you return to work quickly?

• Are you still treating?
  

This is why early statements like “I’m okay” can become a problem. Many people say it because they’re in shock—or trying to stay calm. But it can be recorded as “minimal injury.”

3) “Treatment Gaps” — The Fastest Way to Devalue a Case

Gaps in medical treatment are one of the most common insurance arguments in injury cases:

• “Claimant did not treat for X weeks…”

• “No follow-up until later…”

• “Discharged from PT early…”
  

Even when gaps are understandable (childcare, transportation, work, scheduling delays), insurers often treat them as evidence that your pain was not serious or was caused by something else.

4) “Pre-Existing” Language — How They Try to Shift Causation

Adjusters frequently flag anything that helps them argue:

“This didn’t come from the crash.”

Examples:

• Prior back pain

• Past sports injury

• Old MRI findings

• Degenerative changes

• Prior chiropractor visits
  

The truth is, pre-existing conditions do not automatically defeat a claim. But the insurer’s notes may emphasize them to reduce value.

5) “Recorded Statement Hooks” — How They Capture Soundbites

If you give a recorded statement, the adjuster may later summarize it with the most damaging pieces highlighted:

• The one sentence that suggests uncertainty

• The one phrase that sounds like an admission

• The one inconsistency (even if minor)
  

This is why many car injury lawyers advise clients not to give recorded statements to the other driver’s insurer.

6) “Social Media / Surveillance” Flags

Adjusters may document:

• Public posts they found

• Check-ins or tagged photos

• Observations from investigators

• Activity that “seems inconsistent”
  

Even normal life activity can be twisted into “you must be fine.”

(If you want a deeper dive, your existing blog on social media and injury cases is exactly the right internal link here.)

7) “Settlement Authority” and “Negotiation Posture”

Adjusters track:

• How quickly you seem to want money

• Whether you sound stressed or unsure

• Whether you mention bills piling up

• Whether you’re unrepresented
  

These notes can influence how low they start and how slowly they move.

Hard truth: insurers often offer less when they believe you don’t have leverage.

What You Say That Can Get Weaponized (Even If You Mean Well)

Here are “normal” phrases that can get documented in a way that hurts you:

• “I’m fine.” (becomes: no injury)

• “It’s not that bad.” (becomes: minor injury)

• “I didn’t see them.” (becomes: inattentive)

• “I might have…” (becomes: contributory negligence)

• “I just want this over.” (becomes: low settlement pressure)

• “I can’t miss work.” (becomes: not seriously injured)
  

None of this means you should be dramatic or dishonest. It means you should be careful and precise, and ideally have counsel handle substantive communications.

Can You Get the Adjuster’s Internal Notes?

Sometimes later.

In litigation, certain portions of an insurer’s file may be discoverable, while other portions may be protected depending on timing, work-product issues, and the posture of the case.

But here’s the practical issue:

By the time you see those notes, the narrative may already be set.

The goal is not to “fix it later.”The goal is to prevent damaging notes from being created in the first place.

How to Protect Yourself from Claim-Note Traps

1) Limit Direct Communication with the Other Driver’s Insurer

You generally have to notify your own carrier, but you are not obligated to help the other driver’s insurer build a defense against you.

2) Don’t Guess About Fault

If you don’t know something, it’s okay to say you don’t know without speculating.

3) Get Medical Evaluation Promptly

Prompt care protects both your health and your documentation.

4) Stay Consistent with Treatment

Avoid gaps when possible. If you have a gap for real-life reasons, document it (work schedule, childcare, transportation, provider availability).

5) Don’t Post About the Accident or Your Activities

Even innocent posts can be taken out of context.

6) Preserve Evidence Early

Photos, witness info, surveillance, 911 audio, and body-worn camera footage can disappear quickly if you don’t act early.

How Falodun Law Helps Prevent Claim-File Damage

At Falodun Law, we approach Maryland injury cases with a simple goal:

Give the insurance company no safe place to stand.

That means:

• Tight, evidence-driven liability analysis (with the 1% Rule always in mind)

• Medical documentation that tells the full story

• Early preservation of video/audio evidence where available

• Communication control (so the insurer can’t “note” you into a denial)
  

Serving Injury Victims Across Maryland & Washington, D.C.

We represent injury clients across:

Baltimore City

• Baltimore County

• Howard County

• Montgomery County

• Prince George’s County

• Anne Arundel County

• Charles County

• Washington, D.C.

Free Consultation — Protect Your Case Early

If you’ve been injured in a crash, don’t let the insurance company quietly shape your case through internal notes.

Call Falodun Law at (301) 289-7737 or visit www.falodunlaw.com to schedule a consultation.