Adjusters are trained negotiators. They are not your friend, even your own carrier's adjuster. Their job is to settle claims for the lowest defensible amount. What you say in the first conversation often sets the tone — and the dollar value — for the whole claim.
Your own insurer: cooperate, but stick to facts
- Confirm the date, time, and location of the crash
- Confirm the parties involved and the police report number
- Describe what happened factually, in chronological order
- Do not speculate about speed, distance, or what the other driver was thinking
- Do not minimize injuries — even mild pain matters for PIP/MedPay
The other driver's insurer: be brief and careful
You are not required to give the other driver's insurer a recorded statement. Politely decline until you've talked to your own agent or an attorney. If you do speak with them, keep it factual and short.
Phrases to avoid
- 'I'm sorry' — interpreted as admission of fault
- 'I'm fine' — used to limit injury claims later
- 'I think' — speculation becomes a statement of fact in a recording
- 'I guess I was going about…' — never estimate speed
- Anything about pre-existing conditions — let medical records speak for themselves
Phrases to use
- 'I'd like to provide a factual statement, but I'm not comfortable speculating'
- 'I'd prefer to follow up after speaking with my agent'
- 'I'll provide medical records once I've completed treatment'
- 'Please send any settlement offer in writing'
Recorded statements
Required for your own insurer in most cases. Not required for the other driver's. If recorded, every word becomes part of the file forever — measure your answers carefully.
Frequently asked questions
Do I have to give the other driver's insurer a statement?
No. Politely decline until you've consulted your own agent or attorney.
Do I have to give my own insurer a recorded statement?
Usually yes. Your policy's cooperation clause requires it. Keep it factual.
Should I say I'm not injured at the scene?
Avoid it. Soft-tissue injuries appear later. 'I'll see a doctor and follow up' is safer.
Can I have an attorney present?
Yes, for any recorded statement. Especially for serious injury claims.
What if I already said something I regret?
Tell your agent immediately. Recordings can sometimes be supplemented with clarifying statements.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.