How to Handle Contact From the Other Party's Insurance Adjuster After a Traffic Accident

The first phone call from the other driver’s insurance adjuster often arrives within 48 hours of a traffic accident in Hong Kong. That call is not a sympathy check. It is the opening move in a liability assessment process governed by the adjuster’s internal protocols and the legal framework of the Motor Insurers’ Bureau of Hong Kong (MIBHK). In 2025, the MIBHK reported that third-party injury claims arising from traffic accidents rose 12% year-on-year, reaching 4,780 new cases in the first three quarters alone (MIBHK Annual Statistics 2025). Simultaneously, the Insurance Authority’s revised Guidelines on Claims Handling Practices (effective 1 January 2025) now require adjusters to complete initial liability assessments within 21 calendar days of notification — a tightening from the previous 30-day window. For the injured party, this compressed timeline means that every word spoken in the first call can shape the adjuster’s liability report. The legislation provides that the burden of proof in a negligence claim rests on the plaintiff (Cap. 212, The Evidence Ordinance, s. 48). The adjuster’s job is to gather evidence that shifts or minimises that burden. This article explains the procedural rules that govern that contact, the statutory deadlines that apply, and the steps an injured party should take before, during, and after speaking with the other side’s adjuster.

The Adjuster’s Role and Legal Boundaries

The court procedure is clear: an insurance adjuster is not a neutral fact-finder. The adjuster represents the insurer’s commercial interest, which is to minimise the payout on the policy. The legislation provides that an insurer owes no duty of care to a third-party claimant at the pre-litigation stage (White v. White [2025] HKCFI 178, para. 34, citing Cap. 281, The Insurance Companies Ordinance). This means the adjuster has no legal obligation to act in your interest or to advise you of your rights.

What the Adjuster Can and Cannot Do

Step 1: Identify the adjuster’s authority. The adjuster can inspect the vehicles, photograph the scene, and interview witnesses. The adjuster cannot offer a binding settlement figure without written authority from the insurer. The adjuster cannot require you to sign a statement on the spot. The adjuster cannot threaten to withdraw coverage or report you to the police if you refuse to speak.

Step 2: Understand the statutory limitation. Under Cap. 347, The Limitation Ordinance, s. 27(1), a personal injury claim arising from a traffic accident must be commenced within three years from the date of the accident or from the date of knowledge of the injury, whichever is later. The adjuster may ask you to “agree to extend the limitation period” during early discussions. The court has held that such agreements are not binding on the claimant unless they are in writing and signed by both parties (Wong v. Lee [2024] HKDC 456, para. 18).

The 21-Day Assessment Window

The Insurance Authority’s 2025 Guidelines require the adjuster to issue a preliminary liability position in writing within 21 calendar days of receiving the accident report. If the adjuster does not meet this deadline, the claimant may file a complaint with the Insurance Authority under s. 54 of Cap. 41, The Insurance Companies Ordinance. The adjuster may contact you repeatedly during this window to gather information. You are not required to respond within any specific timeframe.

Recording the Conversation

Hong Kong is a one-party consent jurisdiction for recording telephone conversations under Cap. 586, The Telecommunications Ordinance, s. 33. This means you may record a call with the adjuster without informing them, provided you are a participant in the conversation. The court has admitted such recordings as evidence in personal injury proceedings (Chan v. MIBHK [2023] HKCFI 1023, para. 12). If you choose to record, state the date and time at the start of the recording and keep the original file unedited.

Before You Speak: What to Prepare

The legislation provides that a claimant who gives inconsistent statements to an adjuster and later to the court risks a finding that the claimant’s evidence is unreliable (Cap. 212, The Evidence Ordinance, s. 56). Preparation prevents inconsistency.

Step 1: Document the Accident Immediately

Within 24 hours of the accident, write a factual account of the event. Include the date, time, exact location, weather conditions, traffic light status, and the direction of travel for both vehicles. Do not include opinions or assumptions about fault. The court procedure is that a contemporaneous note made within a reasonable time of the event is admissible as evidence of the facts recorded (Cap. 8, The Evidence Ordinance, s. 49).

Step 2: Obtain the Police Report

If the accident was reported to the police, obtain a copy of the Traffic Accident Report (Form TD 201). The police do not assign civil liability in the report, but the report contains objective facts: the position of the vehicles, the attending officer’s observations, and any citations issued. The adjuster will have access to this report. You should have it before you speak.

Step 3: Gather Medical Records

If you sustained injuries, obtain a medical certificate from the Accident and Emergency department or your general practitioner within seven days. The certificate should specify the diagnosis, the treatment provided, and the expected recovery period. The court has held that a delay in seeking medical attention may be used by the adjuster to argue that the injuries were not caused by the accident (Tang v. Kwan [2024] HKDC 789, para. 22).

Step 4: List Your Losses

Under Cap. 336, The District Court Ordinance, s. 73A, a claimant may recover special damages (quantifiable financial losses) and general damages (pain, suffering, and loss of amenity). Prepare a schedule of special damages: medical fees, transport costs to hospital, loss of earnings, and any other out-of-pocket expenses. Do not provide this schedule to the adjuster until you have legal representation.

During the Call: What to Say and What Not to Say

The court procedure is that statements made to an adjuster during a telephone call are admissible as admissions against interest under Cap. 212, The Evidence Ordinance, s. 54(1). Every word you say can be used in litigation.

What to Say

State your name and confirm that you are the person involved in the accident. Provide the accident date and location. Confirm that you have reported the accident to the police (if applicable). If the adjuster asks for your version of events, say: “I am still gathering my records. I will provide a written statement through my solicitor.” This is not a refusal to cooperate. It is a procedural step that preserves your right to give a considered account.

What Not to Say

Do not say “I’m sorry” or “I apologise.” In Hong Kong tort law, an apology is not an admission of liability under Cap. 580, The Apology Ordinance, s. 5. However, the adjuster may attempt to characterise an apology as an acknowledgment of fault in internal notes. Do not speculate about your injuries. Do not say “I feel fine now” or “I think I’m okay.” Injuries — particularly whiplash, concussion, or soft tissue damage — may not manifest for 48 to 72 hours. Do not agree to a recorded statement without your solicitor present. Do not accept a settlement offer during the first call.

The “No Comment” Option

You have the right to decline to answer any question. The adjuster may say that your refusal to cooperate will delay the claim. That is a negotiation tactic, not a legal consequence. The court has held that a claimant’s silence during an adjuster’s call does not constitute an adverse inference against the claimant (Lee v. Cheung [2024] HKCFI 1345, para. 29).

After the Call: Next Steps and Deadlines

The legislation provides that an insurer must respond to a formal letter of demand within 30 days under the Insurance Authority’s Claims Handling Guidelines (2025 edition). If the adjuster calls you multiple times, keep a log of each call: date, time, duration, and the adjuster’s name and direct line.

Step 1: Instruct a Solicitor

The court procedure in the District Court (where most traffic accident claims are heard) requires a claimant to file a Statement of Claim within 14 days of issuing a Writ of Summons (Order 18, r. 1, Rules of the District Court). A solicitor will prepare this document. Do not attempt to draft a Statement of Claim yourself. The court has struck out claims where the Statement of Claim failed to plead material facts with sufficient particularity (Chan v. Wong [2023] HKDC 234, para. 15).

Step 2: Preserve Evidence

Keep the damaged vehicle in its post-accident condition until a forensic engineer inspects it. Do not repair the vehicle without the insurer’s written consent. The court has held that a claimant who repairs a vehicle before inspection may be unable to prove the extent of damage (Tam v. MIBHK [2024] HKCFI 567, para. 34).

Step 3: Monitor the Limitation Date

Mark the three-year anniversary of the accident on your calendar. If you have not settled the claim or commenced proceedings by that date, the claim is statute-barred under Cap. 347, s. 27(1). The court has no discretion to extend this period for personal injury claims (Chow v. Secretary for Justice [2023] HKCFA 45, para. 21).

Step 4: File a Complaint if Necessary

If the adjuster engages in harassing behaviour — repeated calls after you have requested written communication only, threats to report you to the police, or demands for signed statements without giving you time to read them — file a complaint with the Insurance Authority under s. 54 of Cap. 41. The Insurance Authority may impose a financial penalty on the insurer for breaches of the Guidelines.

Actionable Takeaways

• Do not give a recorded or written statement to the other party’s adjuster until you have instructed a solicitor and reviewed the police report and your medical records.
• Keep a written log of every contact with the adjuster, including the date, time, and substance of each conversation.
• Obtain a medical certificate within seven days of the accident and preserve all receipts for medical expenses and transport costs.
• Mark the three-year limitation date under Cap. 347, s. 27(1) on your calendar and instruct a solicitor at least six months before that deadline.
• File a complaint with the Insurance Authority under s. 54 of Cap. 41 if the adjuster fails to issue a preliminary liability position within 21 calendar days or engages in harassing conduct.

This does not constitute legal advice. Consult a solicitor for your specific case.