Dealing With Insurance Companies After a Texas Car Accident

Understanding Who the Adjuster Works For

The most important thing to understand about insurance adjusters is their incentive structure. The adjuster who calls you after an accident — whether from the other driver’s insurance or your own — works for an insurance company whose profitability depends on paying as little as possible on claims.

Adjusters are not your advocates. They are not neutral investigators. They are professionals trained to gather information, evaluate claims, and minimize payouts. The friendlier and more helpful an adjuster seems, the more carefully you should watch what you say.

Notifying Your Own Insurance Company

You are required by your insurance policy to notify your own insurer of any accident promptly — typically within 24–72 hours. Failure to provide timely notice can result in coverage being denied. Make this call.

When you call your own insurer, provide basic factual information: the date, time, location, and nature of the accident. You do not need to provide a detailed narrative, admit any fault, or discuss your injuries in detail at this stage. A simple notification call — “I was in an accident on [date] at [location] and I am reporting it as required by my policy” — satisfies your notification obligation.

Dealing With the Other Driver’s Insurance Company

You are under no legal obligation to cooperate with the at-fault driver’s insurance company. You do not have to answer their calls, speak with their adjusters, or provide any information to them directly. Everything you say to them can and will be used to reduce or deny your claim.

Once you retain an attorney, the at-fault driver’s insurer must direct all communications to your attorney — not to you. This alone is one of the most valuable protections legal representation provides.

Never Give a Recorded Statement Without Legal Representation

Insurance adjusters frequently request a “recorded statement” in the days immediately after an accident — when you are still recovering, still in shock, and still unaware of the full extent of your injuries. They frame it as routine. It is not.

A recorded statement creates a permanent record of everything you say — including imprecise statements, minimizations of your injuries (common when speaking with strangers in the immediate aftermath), and admissions about your actions before the accident. Adjusters are trained to use specific questions to elicit responses that support their minimization strategy.

Never provide a recorded statement to the at-fault driver’s insurer without consulting an attorney first. If your own insurer requests a recorded statement, consult an attorney before agreeing.

The 10 Tactics Insurance Companies Use to Minimize Claims

Texas Bad Faith Insurance Law

Texas has strong bad faith insurance laws — the Texas Insurance Code and the DTPA (Deceptive Trade Practices Act) impose specific obligations on insurance companies in their claims handling. Insurers must:

• Acknowledge receipt of a claim within 15 days
• Accept or deny the claim within 15 business days after receiving all requested information
• Pay accepted claims within 5 business days of notification of acceptance
• Not misrepresent policy provisions or deny claims based on false information

When an insurance company violates these obligations, Texas law allows policyholders to recover actual damages, statutory interest (18% per year), and attorney’s fees. In egregious cases, treble (triple) damages may be available under the DTPA.