The Insurance Company Calls You for a Reason
Within days of your car accident, you will likely receive a phone call from an insurance adjuster representing the at-fault driver's insurance company. The adjuster will be friendly. They will express concern about your well-being. They will tell you they just need to ask a few questions to process your claim. Then they will ask if they can record the conversation.
This is not a friendly call. The adjuster is trained in techniques designed to get you to say things that damage your claim. Every word you say is being recorded and will be transcribed. That transcript becomes a permanent part of your claim file and can be used against you at every stage of your case, from negotiations through trial.
You Are Not Legally Required to Give One
Here is the most important thing to understand. You are not legally required to give a recorded statement to the other driver's insurance company. There is no Texas law that compels you to do so. The adjuster may imply that your claim cannot proceed without a recorded statement. That is not true.
The only insurance company you may have a contractual obligation to cooperate with is your own. And even with your own insurer, the scope and format of that cooperation should be discussed with your attorney before you provide any recorded statement.
How the Adjuster Uses Your Words Against You
Insurance adjusters are trained to ask questions in ways that lead to damaging answers. Here are the most common techniques they use during recorded statements.
Minimizing Your Injuries
The adjuster will ask how you are feeling. Most people respond with something polite like "I'm doing okay" or "I'm getting better." Those words, taken out of context, will be used to argue that your injuries are minor. The adjuster will quote your own statement back to you months later when they justify their lowball settlement offer.
Getting You to Admit Fault
The adjuster will ask you to describe the accident in detail. During that description, they will ask leading questions designed to get you to admit some degree of responsibility. Questions like "Could you have swerved to avoid the collision?" or "Did you see the other car before the impact?" are designed to create an argument for comparative fault. Under Texas Civil Practice and Remedies Code Chapter 33, any fault assigned to you reduces your recovery. If they can push your fault above 50 percent, you recover nothing.
Locking You Into Inconsistent Statements
The adjuster knows that memories of traumatic events are often incomplete and that details may change over time. By recording your statement early, they create a baseline that they can compare to your later testimony. If any detail changes, no matter how minor, they will use the inconsistency to attack your credibility.
Limiting the Scope of Your Injuries
The adjuster may ask you to list every part of your body that hurts. If you forget to mention your lower back because you are focused on your neck pain at that moment, the insurance company will later argue that your back injury is not related to the accident because you did not report it in your initial statement.
What Happens to Your Recorded Statement
Once the recording is complete, the insurance company owns it. They will transcribe it and add it to your claim file. Their attorneys will review it looking for any statement that can be used to reduce or deny your claim.
If your case goes to litigation, the recorded statement can be used during depositions to challenge your testimony. If there is any inconsistency between what you said in the recorded statement and what you say under oath, the defense attorney will use it to undermine your credibility in front of a jury.
The Adjuster Is Not Your Friend
Insurance adjusters are trained professionals whose job performance is measured by how little they pay on claims. Many adjusters are good people doing their jobs. But their job is not to help you. Their job is to close your file for the lowest amount possible.
The friendly tone, the expressions of concern, and the assurance that the recorded statement is "just a formality" are all part of a process designed to make you comfortable enough to say things that hurt your case.
What to Do When the Insurance Company Calls
Do not agree to give a recorded statement. Politely decline and explain that you need to speak with an attorney first.
Do not discuss the details of the accident. You are not required to provide a detailed account of the collision to the other driver's insurance company.
Do not discuss your injuries. Anything you say about how you feel can and will be used to minimize your claim.
Do not sign anything. The adjuster may also ask you to sign a medical authorization allowing them to access your entire medical history. This gives them access to years of records they can use to argue that your injuries are pre-existing.
Contact an attorney. An experienced personal injury attorney will handle all communications with the insurance company on your behalf. Your attorney will know what information to provide, when to provide it, and how to protect your rights throughout the process.
What About Your Own Insurance Company
If you have filed a UM/UIM claim or a PIP claim with your own insurance company, you may have a duty to cooperate under the terms of your policy. However, even with your own insurer, you should have your attorney present during any recorded statement. Your own insurance company has the same financial incentive to minimize your claim, and anything you say can affect the outcome.
Protect Yourself by Staying Silent
The less you say to the insurance company without your attorney present, the better your case will be. You have the right to remain silent. Use it.
Contact Medina and Medina at (512) 883-0012 for a free consultation. We will take over all communications with the insurance company so you can focus on recovering from your injuries. You pay nothing unless we win.
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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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