After a car accident in Houston, your phone will ring. It will be a friendly-sounding person from the other driver’s insurance company. They will ask if you are okay and then say they just need to get a “quick recorded statement” to “process your claim” and “understand your side of the story.”
This is a critical moment in your case, and it is a trap. What you do next can have a massive impact on your ability to get fair compensation for your injuries and damages.
The simple, direct, and unwavering advice from our experienced personal injury team is: No. You should politely but firmly decline to give a recorded statement to the other driver’s insurance company.
This article will explain exactly why.
The Adjuster’s True Goal: It’s Not to Help You
The first thing you must understand is that the insurance adjuster, no matter how friendly they seem, is not on your side. They are a trained employee whose job performance is measured by one thing: saving their company money. They do this by finding ways to deny claims or pay out as little as possible.
A recorded statement insurance adjuster is one of their most effective tools. They want to get you on record, under the pressure of the moment, before you have had time to think clearly, before the full extent of your injuries is known, and before you have spoken to a lawyer.
Their goals are to:
This is a key step after any type of crash. Learn more about the first things to do.
The Adjuster’s Playbook: 7 Common Traps in a Recorded Statement
Insurance adjusters are trained to ask specific types of questions. Here are seven common traps and why they are so dangerous.
Trap 1: The Casual “How are you today?”
Trap 2: The Open-Ended “Just tell me what happened.”
Trap 3: The Leading Question – “So you didn’t see the car at all?”
Trap 4: The Specifics Trap – “How fast were you going?”
Trap 5: The Injury Checklist – “Where exactly does it hurt?”
Trap 6: The “Prior Injuries” Trap – “Have you ever hurt your back before?”
Trap 7: The Apology Trap – “Is there anything you think you could have done to avoid the accident?”
The Legal Damage: How a Bad Statement Can Ruin Your Case
In Texas, the concept of “Modified Comparative Fault” is used. This means that if you are found to be partially at fault for your accident, your final settlement can be reduced by your percentage of fault. For example, if you are found to be 10% at fault, your $100,000 settlement is reduced to $90,000. If you are found to be 51% or more at fault, you get nothing.
The recorded statement is the insurance company’s best tool for pushing a percentage of the blame onto you.
What About My Own Insurance Company? Is That Different?
This is a common point of confusion. Your own insurance policy is a contract that likely includes a “duty to cooperate.” This means you do generally have to speak with your own insurance company. However, even then, you should be careful.
Our advice is to contact a lawyer first, even before giving a statement to your own insurance. We can advise you on how to state the facts of the accident in a way that is truthful and protects you, especially if you end up needing to file an Uninsured Motorist claim with your own policy.
Your Script: How to Handle the Adjuster’s Phone Call
You have every right to refuse a recorded statement. Here is a simple script to follow:
Adjuster: “Hi, this is [Name] from [Insurance Company]. I just need to get a quick recorded statement about the accident.”
You: “Thank you for calling. I am not going to give a recorded statement at this time.”
Adjuster: “But we just need to get your side of the story to process the claim.”
You: “I understand. Please direct all future communication to my attorney. What is your name and a good claim number for my lawyer to reference?”
Get their information, and then end the call. It’s that simple.
Hear testimonials from other clients who trusted us to be their voice.
The Professional Alternative: How a Lawyer Protects You
When you hire our firm, you never have to speak to the other driver’s insurance company again. We handle everything. But that doesn’t mean the adjuster gets no information.
Instead of a risky, informal recorded statement, we provide the insurance company with information in a professional, controlled way that protects you. This includes:
This is the professional way to handle a claim. It removes all the traps and puts you in a position of power.
Get a protector on your side today.
Declining a recorded statement is a critical first step. Learn about all the steps that follow in our guide to the personal injury process.
Contact Our Houston Accident Lawyer Today
Don’t let an insurance company decide your future. If you have been injured in an accident, contact our firm today. We are ready to put our 34+ years of experience to work for you. Your consultation is free, confidential, and you pay us nothing unless we win your case.
