After an accident, your phone may start ringing. Insurance adjusters, whether from your insurance company or the other driver’s, will likely want to talk. They may seem friendly or may even tell you that a recorded statement is required. But what you say (and don’t say) matters more than you might think.
Should I Talk to the Other Driver’s Insurance Company After an Accident in Texas?
Under Texas law, you are not required to give a recorded statement to the other driver’s insurance company.
If an adjuster tells you otherwise, that’s not accurate. You can politely decline and let them know you’ll provide only basic information, or nothing at all, until you’ve had time to review your options.
Their job is to protect their insurance company’s bottom line. It is not their job to ensure you are protected.
If you’re in this situation, talking to an experienced car insurance lawyer near you could be beneficial. They know how to say things to insurance companies after an accident in a way that protects your best interests.
Do I Have to Contact My Own Insurance Company After an Accident in Texas?
Typically, yes, and you should do so promptly. Most policies require you to report accidents within a certain timeframe. However, you can consult with an attorney before speaking with your insurance company. In many cases, an attorney can help you file the claim and communicate with your insurer on your behalf. You may still need to provide certain information, but having legal guidance can help protect your rights and ensure your claim is handled properly.
Your policy may include a “cooperation clause” that requires you to assist with the investigation. However, you should review your policy or ask your agent to understand exactly what is required.
Talking alone to an insurance company about your accident can be risky. We’re here to help.
What Information Should I Provide to the Insurance Company After a Car Accident in Texas?
Here’s what to say when calling an insurance company after an accident… and what not to say.
When talking with your own insurance company:
You may choose to provide the basic facts about the accident (date, time, location), the other driver’s information, a copy of the police report (see “Can You File a Police Report After an Accident?“), and documentation of any injuries or treatment.
You are not required to:
- Speculate about fault
- Characterize the extent or severity of your injuries
- Provide information unrelated to the claim
It is always your option to consult a car accident attorney before giving any details.
When talking with the other driver’s insurance company:
In Texas, you are not required to speak with the other driver’s insurance at all, much less to provide them any details, descriptions, or explanations. If you choose to speak with them, stick to confirming basic facts.
What not to say to the other driver’s insurance after an accident:
- Discuss your injuries in detail
- Agree that you’re “feeling fine”
- Speculate about what happened
Anything you say can be used to reduce or deny your claim.
What Can Insurers NOT Require in Texas?
Texas law limits what insurers can demand. Under Texas Insurance Code § 542.004, an insurer cannot require your federal income tax returns as a condition of settling a claim unless ordered by a court or the claim involves a fire loss or lost income. They also cannot request information that isn’t reasonably related to their investigation of your claim.
Know Your Rights When Talking to a Car Insurance Company After an Accident in TX
Texas requires insurance companies to provide a Consumer Bill of Rights when they issue your policy. This document outlines your protections, including deadlines insurers must follow when processing claims.
If you believe an insurer is acting unfairly, you can file a complaint with the Texas Department of Insurance at 1-800-252-3439.
We’re Here to Help
Insurance companies want you to believe they’re on your side. When it comes to the other driver’s insurer, that’s not true. They will try to pay you as little as possible, or nothing at all. We don’t let them get away with it.
If you’ve been injured in a car accident in Austin and aren’t sure how to handle insurance calls, Sandoval & James Car Accident and Injury Attorneys are always available to talk. We can handle conversations with insurance claims adjusters so you don’t have to.
Call us 24/7 at (512) 382-7707 for a free consultation.
