Where This Fits in the Claim Process
If an adjuster is asking for an affidavit to “increase” a settlement offer, you are typically in the negotiation stage. The insurer is signaling that it wants a sworn statement to support a particular part of its evaluation—here, whether you have health insurance and whether medical bills are still owed.
Practical Steps That Usually Help
- Clarify what the affidavit is for: Ask (in writing, if possible) what decision the affidavit affects and what exact statements the insurer wants you to swear to.
- Don’t guess—verify: Before you sign anything, confirm whether you truly had no health insurance at the relevant times and whether the bills are actually unpaid (and by whom). In injury claims, bills can be “owed” to different parties depending on how treatment was billed and paid.
- Offer alternative documentation: If you’re uncomfortable signing a sworn statement, you can ask whether the insurer will accept other proof (for example, a benefits/coverage letter, billing ledgers showing balances, or proof of payment status). This keeps the conversation moving without locking you into affidavit language you didn’t draft.
- Keep your communications consistent: If you previously told the insurer something different (even casually), address the discrepancy directly rather than hoping it won’t matter. Inconsistencies can slow negotiations.
Common Mistakes to Avoid
- Signing a broad affidavit you don’t fully understand: Some affidavits include extra statements beyond the one issue being discussed. A “simple” affidavit can accidentally cover prior injuries, treatment history, or other topics that can be used to challenge your claim later.
- Stating “no health insurance” when the situation is more complicated: For example, you might have had coverage but didn’t use it, had coverage for part of the time, or had coverage through a family member. Those details matter if you’re swearing under oath.
- Assuming unpaid bills automatically increase value: Insurers often ask about unpaid balances because they are trying to understand what losses exist and whether anyone else may claim part of the settlement (like a medical provider lien or a reimbursement claim). In North Carolina, medical providers can assert liens in certain situations, which can affect how settlement funds are handled.
How This Applies
Apply to your facts: You have a pending car-accident injury claim and the insurer has made an offer, saying it may increase if you sign an affidavit confirming no health insurance and that bills remain owed. If you don’t provide the affidavit, the insurer may simply refuse to raise the offer until it gets some form of proof. If you do provide it, make sure the affidavit is narrowly written, factually correct, and consistent with your records—because a sworn statement can be used to challenge credibility if later information doesn’t match.
Conclusion
You generally don’t have to sign an adjuster-requested affidavit, but refusing can slow negotiations or keep an offer from increasing. The bigger risk is signing something inaccurate or overly broad. A practical next step is to ask the adjuster to explain exactly what the affidavit is meant to prove and to request a copy in advance so you can verify every statement against your insurance and billing records before deciding whether to sign.
