If you get into a motor vehicle accident in Texas, one of your first conversations with a car insurance company will involve the representative asking your permission to record a statement. While the company may make it seem like this is a requirement to process your injury claim in Laredo, this is intentionally misleading. Before agreeing to give the statement, understand your legal right to refuse and the benefits of doing so.
You Do Not Have to Give a Recorded Statement to an Insurance Company in Texas
The recorded statement is part of the claims processing protocol at most car insurance companies in Texas. During initial phone conversations with an insurance claims adjuster (the person assigned to process your claim), they will most likely ask you to give a statement on record about the collision and your injuries. Oftentimes, insurance adjusters pressure clients to provide statements by saying that a claim cannot be processed without one. However, you always have the right to refuse.
Should I Give an Insurance Company a Recorded Statement?
In general, you should not give your consent to an insurance company to record a statement when filing a car accident claim in Laredo, Texas. The recorded statement is a common tactic used against claimants to undermine their injury claims. For example:
- If you give a statement early on, before you fully understand the severity and consequences of your injuries, the insurance company may use your statement against you to downplay your losses and weaken your claim. This can be a strategy to minimize your payout.
- Providing a statement too soon can also put you on record giving the wrong information about an accident. If you contradict yourself later, once you learn more, the insurance company can use the original statement to portray you as an unreliable witness, possibly leading to a claim denial.
- Finally, if you accidentally say the wrong thing during your recorded statement, the claims adjuster may try to shift the blame to you for the accident. Under Texas’s comparative negligence law, this could negatively impact your settlement and reduce its value.
Politely decline to give a recorded statement in your initial phone calls with an insurance company in Texas. Instead, state that you will be consulting with a car accident attorney first and submitting a written statement at a later date or through your lawyer.
How to Handle Conversations With Insurance Claims Adjusters
The recorded statement is not the only tactic you should watch out for during conversations with a car insurance claims adjuster in Texas. The goal of an insurance company for the duration of your case will be to pay you as little as possible. Insurance companies use a variety of strategies to achieve this goal and protect their own profits.
Use these tips during insurance claim negotiations:
- Never admit fault or apologize for the accident.
- When answering questions asked by the adjuster, keep your responses short and concise.
- Do not offer more information than is requested.
- Don’t sign any medical authorization release forms sent to you.
- Be wary of insurance adjusters who try to pressure you into fast settlements.
- Hire an attorney to understand the true value of your claim before accepting a settlement.
Handling an insurance claim in Texas can be overwhelming, especially while you are dealing with painful injuries and the company is using tactics that are designed to minimize your recovery. An attorney can help.
When to Contact a Car Accident Lawyer in Texas
You have the right not only to refuse to give a recorded statement to an insurance company, but to contact an attorney from Gonzalez Druker for advice and representation during your car accident case. Once you hire a lawyer, he or she can take over conversations and communications with an insurance adjuster on your behalf to help you pursue a fair case outcome.