When an insurance adjuster calls after an accident, get their contact details, be truthful, and avoid guessing. Do not rush into a recorded statement, medical release, or settlement. First, find out whether the caller represents your insurance company or the person who hurt you. Your obligations may be different.
A call can come while you are waiting for test results, missing work, or trying to arrange a rental car. You do not have to solve the whole claim during that conversation. This guide focuses on injury claims, especially those arising from Texas car accidents.
What should you do when the adjuster first calls?
Start by opening a claim folder and keeping a record of each contact. Before discussing the details, ask for:
- The adjuster’s name, insurance company, phone number, and email.
- The name of the person or business they insure and the claim number.
- Whether they handle the injury claim, vehicle damage, or both.
- What information they need and when they need it.
Ask them to send requests in writing. Confirm the caller’s identity before sharing sensitive information. Save emails, letters, photographs, bills, and notes from calls. If you already have a lawyer handling the claim, give the adjuster your lawyer’s contact information.
Do you have to give a recorded statement?
Usually, you do not have to give a recorded statement to the other party’s insurer as part of its pre-lawsuit investigation. At Baumgartner Law Firm, we recommend getting legal advice before giving that insurer a recorded interview about an injury claim.
Your own insurer is different. Your policy may require you to report the accident and cooperate with its investigation. Do not ignore those requests. Ask what your policy requires and get advice promptly if a statement raises concerns. TDI explains why responding to your insurer matters in its auto insurance FAQ.
For more detail, read our guide to recorded statements after an accident.
What should you avoid saying to an adjuster?
Be accurate, even when the truthful answer is that you do not know. Avoid guessing about speed, distance, timing, or who could have prevented the crash. Do not agree with a question’s premise if it is wrong.
For example, a question about when you saw the other car assumes that you saw it before impact. If you did not, say so. Do not supply an estimate just to fill the silence.
Also, avoid calling an injury minor before you understand it. Describe what you actually know without exaggerating or minimizing symptoms. Tell your doctor about new symptoms and explain any problems getting treatment. If pain, medication, or stress makes it hard to concentrate, ask to arrange another time rather than pushing through an interview.
Why accepting fault does not settle the value of your claim
An insurer can accept that its driver caused the crash and still dispute your treatment, lost income, or future care. Keep gathering evidence even when the adjuster sounds reassuring.
At Baumgartner Law Firm, our advice is to look beyond that first assurance. An emergency-room bill may show what treatment cost that night. It will not, by itself, explain why you still cannot lift your child or return to your job. Records showing how the injury changed your daily life help tell that part of the story.
Keep appointment records, work restrictions, wage information, and brief, honest notes about your limits. For a separate discussion of disputed-claim behavior, see common insurance adjuster tactics.
Should you sign a medical authorization?
Review the scope before signing. An authorization may allow access to years of records from many providers. Ask which records are needed, why they matter, and whether relevant records can be supplied directly.
This is not a reason to hide prior injuries. Tell your lawyer about them. The important question may be what changed after this accident. Your own policy and formal discovery in a lawsuit can create separate duties, so do not treat every records request the same way.
What should you check before accepting a settlement?
Before settling, understand your diagnosis, likely future care, work limits, and any lasting injury. Complete recovery is not always possible. The goal is to make an informed decision about both current and future losses while protecting your legal deadlines.
Review the release, too. A final injury settlement usually closes the claim, even if treatment later costs more than expected. Do not assume a vehicle-damage payment releases only property damage; check the paperwork.
Bills also deserve a separate review. Health insurance or benefit plans may seek repayment from a recovery. An unpaid hospital bill does not automatically establish an enforceable lien. Texas hospital-lien law sets requirements for those claims.
Our practical focus is what the settlement leaves you with after fees, expenses, and valid repayment obligations—and whether future needs have been considered. The headline offer alone does not answer that question.
If bills are arriving before settlement, explore available health insurance, personal injury protection, or medical payments coverage. Our Texas car accident insurance claims guide explains the different sources of payment.
What if the adjuster delays or denies your claim?
Follow up in writing. Identify what you have sent, ask what is missing, and request a clear explanation of the insurer’s position. Keep copies. TDI recommends asking for detailed written reasons when the other driver’s insurer refuses to pay.
You can also review TDI’s insurance complaint process. A complaint has limits: TDI does not decide accident fault or act as your lawyer.
Do not assume negotiations stop the lawsuit clock. Texas Civil Practice and Remedies Code §16.003 generally gives two years to bring a personal injury lawsuit after the claim accrues. Exceptions and shorter notice requirements may apply. Have the actual deadline checked early.
Frequently asked questions
What if I already gave a recorded statement?
A statement does not automatically ruin your claim. Ask for a copy and tell your lawyer what you remember. Identify mistakes honestly and preserve records that explain them. Do not make up an explanation or give another detailed interview just to fix the first one without advice.
Can I ask the adjuster to email me instead?
Yes, you can request written communication. It helps you track requests and avoid misunderstandings. That request does not remove any duty to cooperate with your own insurer or meet deadlines.
Does every injury claim need a lawyer?
No. Whether you need help depends on your injuries, disputed facts, coverage, and settlement terms. Advice becomes more valuable when you face surgery, lasting limits, contested fault, or pressure to sign a release before the medical picture is clear.
Talk with Baumgartner Law Firm before a major claim decision
Greg Baumgartner founded the firm in 1985. We handle a limited number of serious injury cases so each receives personal attention. If a crash has left you facing difficult treatment or settlement choices, our Houston car accident lawyer can help you understand the next steps.
Call (281) 587-1111 or request a free consultation. You pay no attorney fee unless we recover money for you.
