Five Things You Should Never Say to an Insurance Adjuster
Insurance companies are profit-driven. In Texas, claims adjusters work for the insurer, not for you, and are trained to gather information that can reduce or deny your payout. Adjusters may sound friendly, but that tone is strategic. Their job is to find statements they can use to limit what their company pays, and casual conversation is one of their most effective tools.
If you have been in an accident, speak with an attorney before you speak with an insurance adjuster, and under no circumstances should you say or discuss any of the following.
Key Takeaways
- Adjusters work for the insurance company, not for you. Their goal is to limit your payout, not help you recover it.
- Never admit fault, apologize, or speculate about your injuries, even in casual conversation.
- You are not legally required to give a recorded statement to the other driver’s insurer.
- Under Texas’s 51% bar rule, statements that shift fault onto you can reduce or eliminate your recovery entirely.
- Do not accept an early settlement offer before completing a full medical evaluation. Signing a release closes your claim permanently.
- Limit what you share to basic identifying information and refer everything else to your attorney.
If an Adjuster Calls Before You’ve Spoken to an Attorney
Before you say anything beyond basic pleasantries, it helps to know exactly where the line is. These five steps give you a quick reference for keeping the conversation safe until you can speak with an attorney.
Follow these steps:
- Provide only basic identifying information: your name, contact details, and the date, time, and location of the incident.
- Do not admit fault, speculate about what caused the accident, or apologize.
- Do not discuss your injuries, medical history, or how you are feeling.
- Decline any request for a recorded statement.
- End the call and contact an attorney before saying anything further.
1. Admit Fault
A claims adjuster is looking for reasons their company can pay less money to victims. If you admit fault, even if you are just speculating, they may use this against you by claiming that even you admitted to making mistakes that contributed to the accident.
If they ask you to give your opinion as to why the accident happened, give only basic facts regarding the time, date, or location. Do not say why you think the accident happened even if you think you may have been partially at fault and feel bad about it.
How Texas Comparative Fault Rules Apply
Texas follows a modified comparative negligence rule. If you are found more than 50 percent at fault for an accident, you are barred from recovering any compensation at all. If you are 50 percent or less at fault, your recovery is reduced by your percentage of fault, so a $100,000 claim where you are found 30 percent at fault yields $70,000.]
An offhand comment, like, “I didn’t see them coming” or “I should have slowed down”, can shift fault allocation in ways that reduce or eliminate your claim entirely. Adjusters are trained to listen for these phrases and document them.
2. Apologize
Even if someone else got hurt, do not apologize. An apology may be construed as an admission of guilt or a feeling of personal responsibility.
Do not inquire as to how the other party is doing. Do not say what a terrible day it was or how bad you feel. Even innocent statements like this could cause your case trouble down the road.
In Texas, where fault percentage directly determines your recovery, even a casual expression of sympathy can be used to argue you bear some responsibility for what happened.
3. Say You Are Fine
Most phone conversations begin something like this: One person says, “Hello, how are you?” The other person says, “I’m good, thanks.”
While this kind of dialogue is generally nothing more than polite small talk, it can be twisted by the insurance company to sound like you are admitting nothing is wrong. Adjusters sometimes note these responses in claim files as evidence the claimant did not report immediate symptoms, which can later be used to argue that injuries developed after the accident or were pre-existing.
4. Speculate About Injuries
An insurance adjuster may ask you whether you were injured in the incident. If you say yes and provide details about your injuries, but your injuries later end up being more serious than you thought, your statement to the adjuster could end up hindering a financial recovery for the full scope of your injuries.
5. Accept an Early Settlement Offer
Insurance adjusters sometimes extend a settlement offer shortly after an accident, before you have had time to fully understand the extent of your injuries or account for your total losses. These early offers are rarely adequate and accepting one closes your claim permanently.
Once you sign a release, you cannot reopen the case, even if your injuries turn out to be more serious or require ongoing treatment. The safest approach is to wait until you have completed a full medical evaluation and have a clear picture of your economic damages, including medical bills, lost wages, and any future care costs before considering any settlement figure.
What to Say Instead
You do not need to explain yourself or justify the refusal. Any of the following responses is sufficient
- “I am not comfortable giving a recorded statement at this time.”
- “I prefer to communicate in writing. I will follow up after I have spoken with an attorney.”
- “You can send your questions in writing and I will respond through my attorney.”
- “I understand you are asking, but I am going to decline a recorded statement for now.”
If the adjuster continues to press, repeat your response calmly. You are not required to provide a reason.
If the Adjuster Is From Your Own Insurer
If you are speaking with your own insurance company’s adjuster, the situation is slightly different. Most policies include a cooperation clause that requires you to participate in the claims process, but this does not mean you must submit to a recorded statement immediately or without preparation.
You can request that questions be submitted in writing, ask for time to consult an attorney, and have legal counsel review your policy language before you respond. Cooperation does not require you to give a recorded statement on demand.
Give a Recorded Statement
The insurance adjuster may try to pressure you into giving a recorded statement. He may say the company requires one, that you will be required to give one later anyway, or that you cannot recover your damages without one.
You should still never give a recorded statement. Even when you are perfectly accurate in your statement, it may be manipulated to make it sound like you had different intentions. You are not legally obligated to give a recorded statement.
What You Can Safely Say to an Insurance Adjuster
Not every word you exchange with an adjuster will hurt your case. There is basic factual information you can provide without putting your claim at risk:
- Your name and contact information
- The date, time, and location of the incident
- The vehicles involved and the other driver’s insurance information
- A claim or police report number, if you have one
Stick to facts you know with certainty. If you are unsure about anything, including whether you were injured, it is better to say you will follow up in writing than to guess. Guessing is how statements get twisted.
Talk to a Texas Personal Injury Attorney Before You Speak to an Adjuster
If you have been in an accident and an adjuster has already reached out, do not navigate that conversation alone. The questions they ask are designed to produce answers that can be used to limit your recovery and you may not realize a statement was harmful until it is too late to walk it back.
Hartley Law can review the details of your situation and explain your options before you say anything that could affect your claim. Call us at 214-393-4632 to schedule a free consultation.
Frequently Asked Questions About Talking to Insurance Adjusters in Texas
What scares insurance adjusters?
Adjusters become less aggressive when a claimant has hired an attorney, has thorough documentation of injuries and financial losses, and has rejected lowball offers in writing with supporting evidence. The clearer and more complete your record, the harder it is for an adjuster to dispute your claim or justify a reduced offer.
What won’t an insurance adjuster tell you?
They will not volunteer that you have no legal obligation to give a recorded statement, that you can refuse overly broad requests for your medical records, that initial settlement offers are typically below the actual value of the claim, or that you can communicate in writing only. They also will not remind you that you can speak with an attorney at any point before responding to their questions.
Do I have to give a recorded statement to the other driver’s insurance company?
No. You have no legal obligation to give a recorded statement to the opposing driver’s insurer. Recorded statements lock in your words and can be used against you later. You can decline and offer to respond in writing after consulting an attorney.
Should I accept an early settlement offer?
In most cases, no. Early offers are typically extended before the full scope of your injuries and costs is known. Accepting one and signing a release closes your claim permanently. You cannot go back and seek additional compensation even if your injuries worsen or require further treatment.
What can I safely tell an adjuster without hurting my case?
Limit the conversation to your name and contact information, the date, time, and location of the incident, and the vehicles and insurers involved. Avoid any discussion of fault, your injuries, medical history, or prior conditions. If you are not certain about something, tell the adjuster you will follow up in writing.
What scares insurance adjusters?
Adjusters become less aggressive when a claimant has hired an attorney, has thorough documentation of injuries and financial losses, and has rejected lowball offers in writing with supporting evidence. The clearer and more complete your record, the harder it is for an adjuster to dispute your claim or justify a reduced offer.
What won’t an insurance adjuster tell you?
They will not volunteer that you have no legal obligation to give a recorded statement, that you can refuse overly broad requests for your medical records, that initial settlement offers are typically below the actual value of the claim, or that you can communicate in writing only. They also will not remind you that you can speak with an attorney at any point before responding to their questions.
Do I have to give a recorded statement to the other driver’s insurance company?
No. You have no legal obligation to give a recorded statement to the opposing driver’s insurer. Recorded statements lock in your words and can be used against you later. You can decline and offer to respond in writing after consulting an attorney.
Should I accept an early settlement offer?
In most cases, no. Early offers are typically extended before the full scope of your injuries and costs is known. Accepting one and signing a release closes your claim permanently. You cannot go back and seek additional compensation even if your injuries worsen or require further treatment.
What can I safely tell an adjuster without hurting my case?
Limit the conversation to your name and contact information, the date, time, and location of the incident, and the vehicles and insurers involved. Avoid any discussion of fault, your injuries, medical history, or prior conditions. If you are not certain about something, tell the adjuster you will follow up in writing.
