The Insurance Company Is Not on Your Side
After a car accident in Texas, you will hear from an insurance adjuster. That person may sound friendly. They may express concern about your injuries. They may even say they want to help you resolve your claim quickly. But make no mistake. The adjuster works for the insurance company. Their job is to close your claim for as little money as possible.
Insurance companies are publicly traded corporations with shareholders and quarterly earnings targets. Every dollar they pay you is a dollar off their bottom line. Their entire claims operation is designed to minimize payouts. The sooner you understand this, the better you can protect yourself.
Tactic 1. Pressuring You Into a Quick Settlement
One of the most common tactics is offering a fast settlement before you know the full extent of your injuries. An adjuster may call within days of your accident and offer what sounds like a reasonable sum. They know that many injury victims are worried about medical bills and lost wages. The pressure of those expenses makes a quick check tempting.
The problem is that many injuries take weeks or months to fully develop. Soft tissue injuries, herniated discs, and traumatic brain injuries often worsen over time. If you accept a settlement before reaching maximum medical improvement, you give up your right to seek additional compensation later. Texas law does not allow you to reopen a settled claim simply because your condition got worse.
Tactic 2. Requesting a Recorded Statement
Shortly after your accident, the at-fault driver's insurance company may ask you to provide a recorded statement. They will frame this as a routine part of the claims process. It is not routine. It is a tool designed to lock you into answers that can be used against you later.
During a recorded statement, the adjuster will ask carefully worded questions designed to get you to minimize your injuries, admit partial fault, or make inconsistent statements. Even innocent remarks like "I'm feeling okay today" can be taken out of context and used to argue that you were not seriously hurt. You are not legally required to give a recorded statement to the other driver's insurance company in Texas.
Tactic 3. Disputing the Severity of Your Injuries
Insurance companies routinely hire their own medical professionals to review your records and challenge your treating doctor's opinions. These hired reviewers often conclude that your injuries are less severe than your doctor says, that certain treatments were unnecessary, or that your condition was pre-existing and not caused by the accident.
This tactic is especially common with soft tissue injuries like whiplash, which do not always show up on X-rays or MRIs. The insurance company may argue that because there is no visible structural damage on imaging, your pain is exaggerated or fabricated.
Tactic 4. Delaying the Claims Process
Delay is one of the most effective weapons in the insurance company's arsenal. They know that injured people need money. By dragging out the claims process, they hope you will become frustrated and accept a lower settlement just to get some relief.
Common delay tactics include requesting the same documents multiple times, transferring your claim between adjusters, claiming they need additional time to investigate, and failing to return phone calls. Under the Texas Prompt Payment of Claims Act (Texas Insurance Code Chapter 542), insurers have specific deadlines to acknowledge, investigate, and pay claims. An experienced attorney can hold the insurance company accountable when they violate these timelines.
Tactic 5. Using Your Social Media Against You
Insurance companies and their investigators routinely monitor claimants' social media accounts. A photo of you smiling at a family gathering, a check-in at a restaurant, or a post about going for a walk can all be used to argue that your injuries are not as serious as you claim.
Even if you are having a rare good day between painful ones, the insurance company will present that snapshot as evidence that you are fine. The safest approach is to avoid posting anything on social media while your claim is pending. Set your accounts to private, and ask friends and family not to tag you in posts or photos.
Tactic 6. Shifting Blame to You
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. If you are found to be more than 50 percent at fault for the accident, you recover nothing. Even if you are found to be partially at fault below that threshold, your recovery is reduced by your percentage of responsibility.
Insurance companies exploit this rule aggressively. They will look for any evidence that you contributed to the accident, no matter how minor. They may argue that you were speeding, distracted, or failed to take evasive action. By shifting even a small percentage of blame to you, they can significantly reduce what they owe.
Tactic 7. Making Low-Ball Offers and Hoping You Accept
When the insurance company finally makes a settlement offer, it is almost always far below the true value of your claim. They know that most injury victims do not have a clear understanding of what their case is worth. They rely on that lack of knowledge.
A proper valuation of your claim includes past and future medical expenses, lost wages, loss of earning capacity, physical pain and suffering, mental anguish, and any permanent impairment or disfigurement. The insurance company's first offer rarely accounts for all of these categories of damages.
How to Protect Yourself Against These Tactics
The single most effective step you can take is to hire an experienced personal injury attorney before engaging with the insurance company. An attorney who handles Texas personal injury cases understands these tactics and knows how to counter them.
Do not give recorded statements without your attorney present. Do not sign medical authorizations that give the insurance company unlimited access to your medical history. Do not accept a settlement before you understand the full value of your claim. And do not post on social media about your accident, your injuries, or your daily activities.
Contact Medina and Medina for a Free Consultation
If you have been injured in a Texas accident and the insurance company is pressuring you to settle quickly, call Medina and Medina at (512) 883-0012. We understand the tactics insurance companies use, and we know how to fight back. Our consultation is free, and you pay nothing unless we win your case.
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Israel MedinaSocio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.
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