With the other driver’s adjuster, say as little as possible: confirm your name and contact information, decline a recorded statement, and refer them to your lawyer. With your own insurer, report the crash promptly as your policy requires, stick to facts, and do not guess about fault or injuries.
The other driver’s adjuster works for the other driver’s insurance company. Their job is to resolve the claim for as little as possible, and early calls are often used to lock in statements that can be used later. You are not required to give them a recorded statement.
If you speak with them, keep it short. Give your name and contact information, confirm the date and place of the crash, and say you are still getting medical care. Do not describe your injuries in detail, do not say you are fine, do not guess at speeds or distances, and do not apologize, because it can be treated as an admission.
Your own insurer is different. Your policy requires you to report the crash and cooperate, and you may need your own coverage for personal injury protection, uninsured or underinsured motorist benefits, or collision repairs. Report the basic facts, but keep the same discipline about guessing and minimizing injuries.
Do not sign medical authorizations or releases without review. A broad medical authorization can give the insurer your entire medical history, and a release ends the claim permanently, even if your injuries turn out to be worse than you thought.
Texas does not require you to give the other driver’s insurer any statement at all. Your obligations run to your own insurer under your policy. If the other insurer insists, a short written notice that you are represented, or that you will provide information through counsel, is enough.
If the crash involved a commercial truck or a rideshare driver, there may be several insurers and adjusters calling at once. Each represents a different company with its own interests. Keep a list of who called and refer all of them to your lawyer.
Once a lawyer is involved, the adjuster deals with the lawyer instead of you. Owsley Law Firm takes over insurer communications from the start and charges no fee unless it wins.
Write down what you remember about the crash for your lawyer, not for the insurer. A private, dated account of what happened, your symptoms, and how your daily life has changed can be valuable later, and sharing it with your lawyer keeps it protected.
Be careful with property damage calls. Many people talk to the other insurer about repairs or a rental car while they are still hurt. It is fine to handle the vehicle claim, but keep those calls to the vehicle and do not discuss your injuries, treatment, or how the crash happened beyond the basic facts.
If an adjuster asks you to estimate your injuries or your recovery time, the honest answer is that your doctors have not finished evaluating you. That answer is true, and it avoids a statement that will be quoted back to you if the injury turns out to be more serious.
Adjusters often call within days, sometimes with a friendly tone and a quick offer. Early offers are made before the full medical picture is known, and accepting one usually requires signing a release that ends the claim.
Keep a log of every insurer contact: the date, the person’s name, and what was said. That record helps your lawyer and protects you if statements are later misquoted.
Mistakes that cost people money
- Giving a recorded statement to the other driver’s insurer.
- Saying you are fine before you have seen a doctor.
- Signing a broad medical authorization.
- Accepting a quick settlement check before knowing the extent of the injury.
Related questions
Do I have to talk to the other driver’s insurer at all?
You are not required to give them a recorded statement. Your lawyer can handle communication.
What if the adjuster says the offer expires soon?
Pressure tactics are common. A short deadline is not a reason to accept an offer you have not evaluated.
Should I tell my own insurer I have a lawyer?
Yes. Your lawyer will notify them and coordinate any claims under your own policy.
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