You Don’t Have to Talk to the Other Driver’s Insurance Company
You’re at your desk trying to focus on work when your phone rings with an unfamiliar number. The other driver’s insurance adjuster wants to “just ask a few quick questions” about last week’s crash on I-35.
Texas law gives you the right to decline.
The Texas Transportation Code requires you to file a police report if the crash caused injury, death, or at least $1,000 in property damage.
Your legal duty ends there.
You don’t owe the other driver’s insurance company explanations, recorded statements, or cooperation. The at-fault driver’s insurer has no contractual relationship with you and no authority to demand your participation.
What to Say When the Other Driver’s Insurance Company Calls
These word-for-word responses protect your claim without sounding evasive or uncooperative. Use them exactly as written.
If You’re Not Ready to Talk
“I’m not prepared to discuss the accident right now. I’ll have my attorney contact you when I’m ready.” Then end the call immediately.
If They Ask for a Recorded Statement
“I’m not comfortable providing a recorded statement without legal advice. My attorney will reach out to discuss next steps.”
If They Push for Quick Settlement
“I’m still receiving medical treatment and haven’t calculated my full damages. I’ll review any settlement offers with my attorney once I understand the complete picture.”
If They Ask About Fault
“I’m not going to discuss fault. You can review the police report.”
If They Claim You’re Required to Cooperate
“Texas law doesn’t require me to give you a statement. Contact my attorney if you have questions.”
If They Set Artificial Deadlines
“I’m not making claim decisions based on your timeline. I’ll respond when I’ve consulted my attorney and completed my medical evaluation.”
When You Must Speak to the Other Driver’s Insurance
Limited cooperation becomes necessary in specific situations, but even then you control how much information you share.
If you’re filing a claim against the other driver’s insurance for property damage or medical bills, you’ll need to provide basic information. Stick to objective facts: date, time, location, vehicle descriptions, and contact details.
Refuse to discuss fault, injuries before medical evaluation, or give opinions about what happened.
You can submit documentation (photos, police reports, medical records) without ever speaking to an adjuster on the phone. Written communication gives you time to review every word and consult your lawyer before sending anything.
A judge can order you to provide testimony through a subpoena or court order. Your attorney must be present for any court-ordered statement.
Adjusters sometimes imply that declining a voluntary recorded statement will lead to legal action. Insurance companies rarely sue accident victims who refuse to cooperate before hiring legal representation.
How Texas Negligence Laws Make Insurance Statements Risky
Recorded statements become evidence against you. Adjusters analyze every word for inconsistencies they can use to deny or reduce your claim.
Texas follows a modified comparative negligence rule under Civil Practice and Remedies Code § 33.001.
If you’re found more than 50% responsible for the crash, you recover nothing. Even if you’re 40% at fault, your damages get reduced by that percentage.
Every statement you make gets analyzed to shift blame your direction. Saying “I didn’t see him until the last second” becomes documented evidence that you weren’t paying attention.
Adjusters push hard for early recorded statements because they lock you into a version of events before you’ve seen a doctor or understand the full extent of your injuries.
Under how fault is determined in Texas, even neutral-sounding answers give adjusters openings to argue you share blame.
Learn more about how insurance companies handle car accident claims and why timing matters to protect yourself.
Frequently Asked Questions
Do I have to talk to the other driver’s insurance company at all in Texas?
No. Texas law does not require you to provide statements to a third-party insurance company.
Your legal obligation is to file a police report if the crash caused injury, death, or significant property damage.
You may need to cooperate with your own insurance company per your policy terms, but the at-fault driver’s insurer has no authority to demand your participation.
Can giving a recorded statement actually hurt my accident case?
Yes. Adjusters use recorded statements to find inconsistencies, minimize injuries, and inflate your fault percentage.
Something you say three days after the crash (before you’ve seen a doctor or reviewed the police report) can contradict later medical findings or witness testimony. Under Texas’ comparative negligence rule, adjusters will use those contradictions to reduce or deny your claim.
What if my own insurance company tells me to cooperate with the other driver’s insurer?
Your insurance policy requires you to cooperate with your own carrier’s investigation. That duty doesn’t extend to third-party insurers.
You still have no legal obligation to speak with the at-fault driver’s insurance company.
Should I always have an attorney speak for the other driver’s insurance company on my behalf?
Yes, especially when the crash caused injuries, significant property damage, or fault disputes.
Attorneys know which information adjusters need and which questions are designed to trap you, and they can provide required documentation without exposing you to damaging recorded statements.
An experienced Texas personal injury attorney handles insurer communication while you focus on recovery. Past results do not guarantee future outcomes.
What happens if I already gave a recorded statement and said something that hurts my case?
Your attorney can limit the damage by providing medical records, witness statements, and other documentation that contradicts problematic portions of your statement.
If you’ve already talked to an adjuster and you’re concerned about what you said, consult an attorney immediately to assess the impact on your claim.
Can I change my mind after agreeing to talk?
Yes. You can end any conversation with an insurance adjuster at any time.
If you started a call but realize you’re not comfortable continuing, say “I need to stop here and consult an attorney before answering more questions.” You’re never locked into finishing a conversation just because you answered the phone.
Get Legal Help Before Speaking to Insurance
We’ve guided Texans through insurance negotiations and accident claims for over 30 years. Get a free consultation to review your options before speaking with any insurance company.
Every case is different. Call us or visit our office to protect your legal rights.
