The adjuster usually calls within a day or two of the wreck, sometimes before the crash report is even available. The voice is friendly. The questions sound like paperwork. Most people answer every one of them, because saying no to a polite stranger feels rude. That call opens an investigation, and the company running it may be the one writing your check.
That does not mean you should let it go to voicemail forever. Reporting the accident, confirming your contact information, and sorting out the damage to your car are all reasonable things to handle on the phone. But once the conversation shifts into how the crash happened or how you are feeling, it is worth slowing down.
The short answer
Answer the phone. Keep it short. Give them the basic facts, and when the questions turn to fault or injuries, say you will follow up after you have talked to a lawyer. That sentence costs you nothing, and it protects the two things adjusters most want on tape while you are least equipped to discuss them.
If the adjuster has already called, call us at (713) 664-4000 before you call them back. We’ll take it from there.
Jay Blass Cohen on the question adjusters like to open with, and why it is not small talk.
What the call is actually for
An adjuster has a file to build and a settlement number to justify to a supervisor. Everything you say goes into that file. The friendliness is real. It just isn’t the point of the call. Their job is to resolve your claim for the least amount the file will support, and the fastest way to shrink a file is to get the injured person talking early, before anyone has examined them and before the physical evidence has been gathered.
Notice what the question in the video is really doing. “What were you doing right before the crash?” sounds like scene setting. It is a fault question. Texas apportions responsibility between drivers, and every percentage point they can attach to you comes directly out of your recovery.
What you can safely give them
Basic identifying facts are fine and usually move things along: your name and contact information, when and where the crash happened, the vehicles involved, your own insurance carrier and policy number, and the crash report number if you have it. It’s also fine to tell them where your car is sitting and who to contact about the property damage estimate. None of that requires you to characterize anything.
Where the call turns
Two questions mark the shift. The first is some version of “walk me through what happened.” The second is “how are you feeling?” Both sound like conversation. Both produce answers that get quoted back to you months later, when your medical records look very different than they did on day two.
Guessing is the real danger here. Speed, following distance, how long the light had been green, whether you could have braked sooner. “I don’t remember” and “I’d rather not guess” are complete, truthful answers. A wrong estimate given in good faith is still a wrong estimate, and it doesn’t get to be un-said.
Why “I’m okay” is the most expensive thing you can say
Somebody asks how you are doing and you say “I’m fine, thanks.” It is a reflex. In a claim file it becomes a statement about your medical condition made by you, on the record, hours after a collision.
Injuries don’t follow that timeline. Soft tissue injuries like whiplash often peak two or three days out, once the adrenaline has drained and the inflammation has set in. Concussions can look like tiredness on day one. By day four it’s headaches and light sensitivity, and you can’t concentrate. Back injuries are notorious for this. You may not know how hurt you are yet, and that’s exactly why a description of your condition should wait until a doctor has actually examined you.
Every word of it goes in the file
Insurance companies keep detailed notes of every conversation, and many calls are recorded outright. Later, when the adjuster is arguing that your injuries could not have been serious, the evidence is often something you said in the first 48 hours without thinking twice about it.
A recorded statement raises the stakes further. You are not automatically required to give one to the other driver’s insurer, and you should understand exactly what it is before you agree to it. Your own insurer is a different situation, because your policy almost certainly contains a cooperation clause.
How to get off the phone without picking a fight
You do not need a speech. “I’m happy to give you my contact information and the basic details of the crash. I’m still being treated, so I’m not going to get into how it happened or how I’m feeling until I’ve talked to a lawyer.” Then stop talking. Adjusters hear this every day. It does not offend them, and it does not hurt your claim.
What does hurt: apologizing reflexively, accepting a quick settlement over the phone, and signing a blanket medical authorization that hands over your entire lifetime medical history rather than the records connected to this crash. If any of that has already happened, it is usually fixable, but it is fixable sooner rather than later. Delay, lowball offers, and paperwork that seems routine are standard parts of how claims get handled, not signs that something has gone wrong with yours.
What to do in the next couple of days
Get examined, even if you feel functional. Keep the discharge paperwork and follow the treatment plan, because gaps in treatment are the second thing adjusters use against injured people. Write down what you remember while it is fresh, including the weather, the light, and what you saw in the seconds before impact. Photograph your car before it goes to the body shop, and photograph any bruising as it develops. Then let someone else take the calls.
Frequently asked questions
Should I answer the insurance company’s call?
Usually yes. Ignoring the adjuster does not make the claim go away and can slow down the repair of your car. Answer, give the basic identifying facts, and keep the conversation limited until you understand your rights.
Do I have to give a recorded statement?
Not automatically. You have no contract with the at-fault driver’s insurer and no obligation to be recorded by them. Your own insurer is different, since most Texas auto policies include a duty to cooperate. Either way, understand the consequences before you agree.
Can saying “I’m okay” hurt my case?
Yes. It becomes evidence about your condition if your injuries later turn out to be more serious, and soft tissue injuries, concussions, and back injuries very often do.
How long do I have to decide what to do?
Declining to discuss your injuries does not pause anything. In Texas the deadline to file a personal injury lawsuit is generally two years from the date of the crash under Texas Civil Practice and Remedies Code section 16.003, and claims against a government entity carry much shorter notice deadlines. Turning down the conversation buys you room to prepare, not room to sit on the claim.
What if I already talked to the adjuster?
Almost nobody’s case is ruined by one phone call. Write down what you remember saying, ask for a copy of any recording or transcript, and do not give a second statement to clean up the first one without a lawyer. Most problem statements can be put in context with medical records and the physical evidence.
Let us take the next call
If an insurance adjuster is calling you after a Houston crash, call Blass Law at (713) 664-4000 or request a free case evaluation. We handle the adjusters, the records, and the paperwork so you can spend your time getting better. See also our Houston car accident lawyer page.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.