No Texas law requires you to give the at-fault driver's insurance company a recorded statement, and that statement is used to evaluate and reduce your claim. Your own insurer is different: your policy requires notice and cooperation. Owsley Law Firm can handle these calls for you at no cost unless the firm wins.
Within a day or two of a Texas crash, an adjuster from the other driver's insurance company usually calls. The tone is friendly, and the request sounds routine: a short recorded statement so the claim can be processed. Most people agree because they assume they have to.
You do not. The adjuster works for the company that will pay you, and the recording becomes part of that company's file on you. This guide explains the difference between the other driver's insurer and your own, what adjusters are listening for, and how to say no without hurting your claim.
Do I have to give a recorded statement to the other driver's insurance company?
No. Nothing in Texas law requires an injured person to give the at-fault driver's insurer a recorded statement.
Your claim against the other driver is a third-party claim. You have no contract with that company, and it owes you no policy duties. It can ask for a statement, but it cannot make one a condition of your right to recover from its insured. If the claim does not settle, the case is decided by evidence and, if needed, a lawsuit against the driver, not by whether you agreed to be recorded.
Adjusters sometimes say the claim cannot move forward without a statement. What they need to evaluate the claim is the crash report, photos, medical records, and bills, which can be provided in writing through your lawyer.
What about my own insurance company?
Your own policy requires you to report the crash promptly and cooperate, so you should not ignore your own insurer.
Personal auto policies in Texas include a section on duties after an accident: notify the company, cooperate with its investigation, and send it legal papers if you are sued. For PIP or uninsured and underinsured motorist claims, the policy may also let the company request medical records and an examination. Refusing reasonable cooperation can jeopardize your own coverage.
Cooperation does not mean answering on the spot. You can ask what information is needed, schedule the call after you have seen a doctor, and have your lawyer on the line.
Why do adjusters want a recorded statement so early?
Because early statements are given before you know the extent of your injuries, and they are useful for reducing what the company pays.
A statement taken in the first days after a crash captures you at the moment you know the least: before imaging, before a diagnosis, often while adrenaline is still masking pain. Anything that sounds like you were not hurt, or partly to blame, becomes part of the file.
Under Texas proportionate responsibility rules in Chapter 33 of the Civil Practice and Remedies Code, every percentage point of fault assigned to you reduces your recovery, and more than 50 percent bars it. Questions about speed, distractions, and what you saw are aimed at that percentage.
- "How are you feeling today?" (a casual "fine" becomes evidence you were not hurt)
- "How fast were you going?" (an estimate becomes a speed admission)
- "Did you see the other car before impact?" (suggests you could have avoided it)
- "Have you ever hurt your neck or back before?" (sets up a preexisting condition argument)
- "Can we get authorization for your medical records?" (often a request for your entire history)
How do I decline without hurting my claim?
Politely, in one sentence, and then send information in writing instead.
You can say: "I am not giving a recorded statement. Please send any questions in writing, and I will provide the crash report, photos, and medical records as they become available." Declining is common and is not evidence of anything.
If you have a lawyer, give the adjuster the firm's name and contact information and stop discussing the crash. From that point the adjuster communicates with your lawyer, which also stops the repeated calls.
I already gave a recorded statement. Is my claim ruined?
No. A statement is one piece of evidence, and its effect depends on what was said and what the rest of the evidence shows.
Many people give statements before they know better. Request a copy or transcript through your lawyer so you know exactly what is in the file. Later medical records often explain why someone said they felt fine on day one, because many crash injuries take time to show symptoms.
What matters next is consistency: prompt medical care, following the treatment plan, and not adding new statements, social media posts, or casual conversations with adjusters that can be compared against the first one.
Should I sign a medical authorization for the other insurer?
Be careful. A broad authorization can give the company your entire medical history, not just the records from this crash.
Insurers often send a general release along with the claim paperwork. Signed as is, it can allow them to collect years of unrelated records and search for prior complaints to the same body part.
A lawyer can instead provide the records related to the crash and your treatment. If prior records become relevant, they can be exchanged in a controlled way, and if a lawsuit is filed, the scope of records is governed by the discovery rules.
What if the adjuster offers money during the call?
Do not accept an injury settlement on a phone call. Any settlement requires a signed release that ends the claim permanently.
Early offers sometimes arrive with the request for a statement, especially when injuries look minor. Once you sign a release, you cannot reopen the claim if you later need injections, surgery, or more time off work.
Property damage can usually be resolved separately and early. Read every document before signing to make sure a car repair payment does not include a release of your injury claim.
Other driver's insurer vs. your own insurer
| Question | At-fault driver's insurer (third party) | Your own insurer (first party) |
|---|---|---|
| Must I report the crash? | No duty to them | Yes, your policy requires prompt notice |
| Must I give a recorded statement? | No | Your policy requires reasonable cooperation, which can include a statement |
| Who does the adjuster work for? | The other driver and the insurer paying your claim | Your insurer, which owes you policy benefits |
| Can I sue them for unfair claim handling? | Generally no (Insurance Code 541.060(b)) | Yes, under Insurance Code chapters 541 and 542 |
What evidence proves it
- The claim number and adjuster's name, phone, and email for every insurer involved
- A written log of every call: date, time, who called, and what was asked
- Any letter or email asking for a statement or medical authorization
- Your own policy's declarations page and duties after an accident section
- Medical records showing when symptoms appeared and were diagnosed
- A copy or transcript of any statement already given
Mistakes that cost people money
- Assuming the other driver's insurer is required to treat you fairly in the same way your own insurer is
- Saying "I'm fine" before you have been examined
- Guessing at speeds, distances, or times instead of saying you are not sure
- Signing a blanket medical authorization
- Ignoring your own insurer's reasonable requests under your policy
- Discussing the crash with any adjuster after you have hired a lawyer
Frequently asked questions
Is it illegal to refuse a recorded statement in Texas?
No. Refusing the other driver's insurer is your right. Your own insurer is different, because your policy requires reasonable cooperation.
Can the other insurer deny my claim because I refused a statement?
It cannot make a statement a legal condition of your claim against its driver. If it refuses to pay without one, the claim is resolved with evidence and, if needed, a lawsuit against the at-fault driver.
Can I give a written statement instead?
Usually that is unnecessary. The crash report, photos, and records tell the story. If a written account is useful, have a lawyer review it before it is sent.
Will my own insurer record my call?
Often, yes. You can still prepare, see a doctor first, and have a lawyer present. Stick to facts you know and say so when you are not sure.
What if the adjuster recorded me without asking?
Texas law generally allows a party to a call to record it (Penal Code section 16.02(c)(4)), so a recording made by the adjuster can be lawful. Assume every call with an adjuster may be recorded.
How do I stop the calls?
Hire a lawyer and give the adjuster the firm's contact information. After that, the insurer communicates through your lawyer.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
Should I give a recorded statement to the other driver’s insurance company?
What should I say to the insurance adjuster after a crash?
First-Party vs. Third-Party Claims in Texas
Lowball Settlement Offers in Texas Injury Claims
What to Do After a Texas Car Accident