The accident happened yesterday — or maybe this morning. You are still shaken, your neck is stiff, and you have not even had a chance to fully process what occurred. Then your phone rings. It is an insurance adjuster asking how you are doing and whether you have a few minutes to talk about the accident.
This call is not a courtesy check. It is the beginning of their effort to minimize what they pay you. What you say in the next few minutes could significantly affect the value of your case — and not in your favor.
Here is exactly what you need to know.
Why the Insurance Company Is Calling So Quickly
Insurance adjusters are trained to reach accident victims as soon as possible — ideally before the victim has spoken to an attorney. There are several reasons for this:
- You are more likely to downplay your injuries in the immediate aftermath of an accident, before you fully understand their extent
- You may make statements about fault that can be used against you later
- You are less likely to know your rights and more likely to accept a low settlement offer
- Getting a recorded statement early locks in your version of events before your memory has had time to consolidate
The adjuster may sound friendly and sympathetic. That is by design. Their job is to resolve your claim for as little money as possible. Understanding this does not make them bad people — it makes them employees doing their job. Your job is to protect your interests.
The Most Important Thing to Understand: Which Insurance Company Is Calling?
Before anything else, understand who is on the phone:
The Other Driver's Insurance Company
If the other driver's insurance company is calling, you have no obligation to speak with them at all. You are not their customer. You do not owe them a recorded statement. You do not have to answer their questions. The most appropriate response is to tell them you are represented by an attorney and have them contact your attorney directly.
Your Own Insurance Company
Your relationship with your own insurer is different — you have a contractual duty to cooperate with their investigation. However, "cooperate" does not mean giving a recorded statement without preparation, accepting their initial valuation of your claim, or signing releases before you understand what you are releasing. You can cooperate while still protecting your interests.
What to Say When the Adjuster Calls
If the other driver's insurance company calls, here is the only thing you need to say:
That is it. You do not need to explain further. You do not need to be rude. You simply redirect them to your attorney and end the call.
If you have not yet retained an attorney and are caught off guard by the call, you can say:
Then call an attorney — today.
What Never to Say to an Insurance Adjuster
The following statements can significantly damage your personal injury claim. Avoid all of them:
"I'm fine" or "I'm feeling okay"
This is the most common and most damaging mistake accident victims make. The adjuster will ask how you are doing as a conversational opener — and most people, out of social reflex, say they are fine. That statement can and will be used to argue that your injuries were not serious. The truth is that many significant injuries — herniated discs, soft tissue damage, concussions — do not present their full symptoms for hours or days after the accident. You simply do not know yet how injured you are.
Any apology or statement of fault
Do not say "I'm sorry," "I should have seen you coming," "I was going a little fast," or any other statement that could be interpreted as accepting responsibility. Even a partial acknowledgment of fault can be used to reduce your recovery under Texas's comparative fault rules.
A detailed account of the accident
Do not walk the adjuster through exactly what happened. Every detail you provide gives them material to work with. Inconsistencies between your initial account and your later recollection — which are completely normal as memories consolidate — can be used to undermine your credibility.
Agreement to a recorded statement
The opposing insurance company will often ask if they can record the conversation. You are not required to agree. Do not give a recorded statement to the other driver's insurance company without your attorney present. Period.
Your medical history
Do not disclose prior injuries, prior accidents, or prior medical treatment. This information is sensitive and can be used to argue that your current pain is not related to this accident.
Never sign a medical records release sent by the opposing insurance company without reviewing it with an attorney first. A broad release can give them access to your entire medical history — not just records related to this accident — which they will mine for prior injuries to use against you.
The Recorded Statement Trap
Insurance adjusters often push hard for a recorded statement, especially in the days immediately following an accident. They may imply it is required, that it will speed up your claim, or that refusing it looks suspicious.
None of that is true — at least when it comes to the other driver's insurer.
A recorded statement benefits the insurance company, not you. It locks you into a version of events before you have fully recovered, before you understand the extent of your injuries, and before you have had legal counsel review your situation. Inconsistencies between your recorded statement and your later account — even innocent ones — become ammunition for the adjuster.
If you have already given a recorded statement before reading this, contact a personal injury attorney immediately. The damage may be manageable but your attorney needs to know what was said as soon as possible.
The Early Settlement Offer
In some cases, the insurance company will make a settlement offer very early — sometimes within days of the accident. This is almost never a good sign for you. Early offers are typically low offers, made before the full extent of your injuries is known, before your medical treatment is complete, and before you have had any legal guidance.
Once you accept a settlement and sign a release, you cannot go back for more — even if you later discover your injuries were more serious than initially apparent, or that you need surgery you did not anticipate. The release is final.
Do not accept any settlement offer without first consulting with a personal injury attorney who can evaluate whether the offer reflects the actual value of your claim.
What You Should Do Instead
- Seek medical treatment immediately if you have not already. Go to the ER, urgent care, or your doctor. The medical record from that visit is foundational to your claim.
- Document everything — photos of the vehicles, your injuries, the accident scene, and any visible damage. Save every bill and piece of paperwork.
- Contact a Texas personal injury attorney before speaking further with any insurance company. A consultation costs you nothing — and the information you get is invaluable.
- Notify your own insurance company of the accident, as your policy likely requires prompt notification. Do so without providing a recorded statement if possible, and keep the conversation factual and brief.
- Keep a recovery journal — daily notes about your pain levels, limitations, and how the injury is affecting your daily life. This documentation supports your non-economic damage claim.
The Insurance Company Has a Team. You Should Too.
From the moment the adjuster calls, the insurance company is working to minimize what they pay you. Call John Arthur & Associates before you say another word.
Call (214) 638-0930The Bottom Line
When the insurance company calls after a Texas car accident, remember this: they are not calling to help you. They are calling because early contact with unrepresented claimants is one of the most effective tools they have for minimizing claims.
The single most protective thing you can do is retain a personal injury attorney before engaging further with any insurance company. Your attorney handles all communications, protects you from the recorded statement trap, and negotiates from a position of knowledge — not from the shock and uncertainty that follows a serious accident.
John Arthur & Associates represents car accident victims across Dallas and all of Texas. Call (214) 638-0930 before your next conversation with any insurance company.