Do I Have To Give A Statement To The Other Driver's Car Insurance Company After an Accident?
Updated: Oct 8, 2021
Short Answer: No, you are not required by Texas law to give a statement to the other driver’s insurance company after an accident. However, take note that communicating with your insurance carrier is different.
After a car accident, the other driver’s insurance carrier will likely contact you within days if not hours of the accident. The insurance company may tell you that they need a recorded statement from you and that you are obligated to give them one. The insurance company may tell you that it is required for you to file a claim or that it is required for them to process a claim. No matter what the insurance company tells you, you do not have to give the other driver’s car insurance company a statement after an accident. Further, you should not give a statement about the car accident, your injuries, or any other matter relating to the accident until you have discussed it with an experienced Texas car accident attorney.
If you or a loved one has been in an 18-wheeler or car accident, you can call the Morgan Legal Group 24-hours a day at (713) 969-5026 to schedule a free no-obligation consultation with an experienced Texas car accident attorney. The Morgan Legal Group represents clients throughout Texas.
Why Insurance Companies Try To Get A Statement?
After an accident, the insurance companies assign any insurance claims to a company representative to investigate the accident to determine if the insurance company is liable for the accident, and if so, how much the insurance company is liable for. This representative is often referred to as an adjuster.
The adjuster’s loyalty is to the insurance company. Adjusters are not bad people, and they are doing an essential job for the insurance company. Adjusters are often friendly and pleasant. Many times the adjusters may seem to be helping you with your claim. However, they ultimately represent the insurance company and are tasked with saving the insurance company money.
One way that adjusters save insurance companies money is by investigating the accident and finding a reason the insurance company may not be liable. If the adjuster can blame you for the accident, the other driver’s insurance company will not be liable for your damages and injuries. If the adjuster finds a reason to argue you are to blame for the accident, the adjuster will pursue it and deny the claim.
If the adjuster cannot find a reason the insurance company is not liable, the adjuster will attempt to limit or reduce the insurance company’s liability amount. The adjuster gathers information about the accident to argue against any claims you may have from the accident. If the adjuster can argue your damages are less than your claim, the insurance company will pay only the lesser amount.
Simply put, insurance companies try to get a statement for their adjusters to have a reason to deny your claim or to limit the amount the insurance company will have to pay. The insurance company hopes you will say something or they can twist your words somehow that will harm you.
What Can Happen If I Give A Statement To The Other Drivers Insurance Company?
Worse case, if you give a statement to the other driver’s insurance company, you could have your claim denied because of something you say. Alternatively, you could say something that will come back to haunt you later when you seek compensation for your injuries.
After an accident, most likely, you will not be as sharp as you usually are. The stress of an accident and injuries you have sustained probably will take a toll on you. Add in the fact the statement is being recorded, and it is a recipe for disaster.
It is easy to say something that can be twisted later. You could get tripped up by a question the adjuster asks and say something you did not mean or that does not reflect the facts. Further, some adjusters are tricky and may pose questions in a way that makes you sound as if you are in agreement or that your statements are not what they seem. Once you have given a statement, you cannot go back and undo what you have said. A bad statement may require you to file a lawsuit to get fair compensation for your injuries.
If the Morgan Legal Group represents you, an experienced Texas car accident attorney will deal with the adjusters on your behalf. You will not have to worry about the tactics of an adjuster or saying something wrong.
What Should I Do If The Other Driver's Insurance Company Ask For A Statement?
If an attorney represents you, the insurance company should not reach out to you without your attorney’s permission. If you are represented, and the insurance company reaches out to you, politely ask them to contact your attorney and provide the contact information.
If you attempt to handle your claim on your own, politely decline the request to give a statement. The adjuster will try to persuade you to provide a statement. Be firm and politely decline. Resist the urge to give in and only provide basic information such as your name, address, email, phone number, and occupation. Remember, you are not required to give a statement.
If you do decide that you need to give a statement to the other driver’s insurance, here is some general advice:
Remember, you are not required to give a statement.
Remember, the goal of the adjuster is to save the insurance company money.
Remember, anything you say may be used against you to deny or limit your claim.
Be polite and respectful.
Let the adjuster know upfront the scope of the statement will be limited because you are not required to give a statement.
Only answer the question asked.
Do not volunteer information.
Do not speculate. I do not know is an acceptable answer.
If you have filed a claim with your insurance carrier, consider asking the adjuster to contact your insurance carrier for any information they need.
If at any point you feel overwhelmed, contact the Morgan Legal Group for a free consultation to discuss your situation. A consultation early in the case is best; however, it is not too late to consult with an experienced Houston car wreck attorney.
Hire An Experienced Texas Car Accident Attorney
The Morgan Legal Group represents car accident clients all across Texas and does not charge a fee unless you get money for your claim.
If you hire the Morgan Legal Group to represent you, an experienced Texas car accident attorney will deal with the insurance companies and their adjusters on your behalf. The Morgan Legal Group represents clients throughout Texas and will fight to ensure you get the justice you deserve. You can schedule a free no-obligation consultation with an attorney 24-hours a day by calling (713) 969-5026.