Insurance Company Calling After a Dallas Car or Truck Wreck? What to Say and What Not to Say

You just got into a wreck.

Your vehicle may be damaged. You may be hurting. You may still be trying to figure out what happened, how you are getting to work, whether you need medical treatment, and who is going to pay the bills.

Then your phone rings.

It is the insurance company.

The adjuster may sound friendly and helpful. They may tell you:

• “I just need to get your side of the story.”

• “This will only take a few minutes.”

• “We need a recorded statement to process the claim.”

• “How are you feeling?”

• “Tell me exactly what happened.”

The conversation may seem routine.

It is not necessarily routine.

After a serious Dallas car accident or 18-wheeler wreck, what you tell an insurance adjuster early in the claim can become evidence the insurance company later uses when deciding fault, evaluating your injuries, negotiating a settlement, or defending a lawsuit.

That does not mean you should ignore legitimate insurance obligations. It means you should understand who is calling, whose insurance company they represent, what claim they are investigating, and why they want the information before answering detailed questions.

If you were seriously injured, consider speaking with a Dallas car accident lawyer or Dallas truck accident lawyer before giving the other driver's insurance carrier a recorded statement.

Why Does the Insurance Adjuster Want a Recorded Statement?

A recorded statement creates a permanent account of what you say shortly after the collision.

The adjuster may legitimately be investigating the claim. But you should also understand that the insurance company is collecting information that may affect whether it pays the claim and how much it believes the claim is worth.

A recorded statement can be used to:

• Establish your version of how the wreck happened;

• Lock you into a particular timeline;

• Identify possible arguments that you were partly responsible;

• Obtain statements about what you saw immediately before impact;

• Document what injuries you are reporting;

• Identify prior accidents or medical conditions;

• Compare what you say now with medical records, depositions, or testimony later;

• Determine whether the insurer believes additional investigation is necessary.

The problem is that the insurance company may be asking these questions before you have had time to investigate the wreck or even understand your medical condition.

You may not have seen the police report.

You may not have viewed dash-camera footage.

You may not know what a witness told police.

You may not know whether another vehicle had a camera.

And if you were just injured, you may not yet know whether what initially feels like soreness will resolve quickly or require additional medical evaluation.

That is why guessing during an insurance statement can create unnecessary problems.

“How Are You Feeling?” Can Be More Complicated Than It Sounds

One of the simplest questions an adjuster may ask is:

“How are you doing?”

Most of us automatically respond:

“I'm fine.”

That may simply mean:

“I survived.”

“I am able to talk.”

“I am doing okay considering what happened.”

But an insurance company could later focus on the literal words you used.

Similarly, you may tell an adjuster:

• “I'm just sore.”

• “I think I'm okay.”

• “It's probably nothing.”

• “My neck hurts a little.”

• “I don't think I'm seriously injured.”

At that point, however, you may not have undergone an examination, MRI, orthopedic evaluation, or other medical testing.

Some symptoms are not immediately apparent at the crash scene. If pain or other problems develop or worsen after the collision, seek appropriate medical care rather than relying on what you thought during the first few hours after the wreck.

Our article on feeling fine after a car accident and why medical evaluation may still matter discusses this issue in more detail.

Common Insurance Adjuster Questions That Can Cause Problems

Insurance adjusters ask questions every day. Most injured people do not answer questions about automobile collisions every day.

Be particularly careful about questions such as:

“Did you see the other vehicle before the crash?”

Maybe you did.

Maybe you saw it for only a fraction of a second.

Maybe you were looking straight ahead when another vehicle suddenly entered your lane.

Do not speculate about what you “should” have seen.

“Is there anything you could have done to avoid the accident?”

This question invites speculation.

You may not yet know the other driver's speed, braking, steering input, phone activity, lane position, or other evidence.

“Were you distracted?”

Answer questions truthfully, but do not allow a broad question to cause confusion.

Driving normally and looking at traffic, mirrors, roadway signs, or surrounding vehicles does not necessarily mean you were negligently distracted.

“How fast were you going?”

If you know, say what you know.

If you do not know your exact speed, do not invent a number merely because the adjuster wants one.

“When did your pain start?”

Be accurate.

Do not minimize your symptoms simply because you did not feel severe pain at the exact moment of impact.

“Have you ever hurt your neck or back before?”

Prior medical history may become relevant depending on the injuries being claimed.

But a broad medical discussion with an insurance adjuster can involve far more information than the collision itself. Before signing an authorization allowing access to medical records, understand what records are actually being requested.

For more examples, see our guide to 5 things not to say to an insurance adjuster.

The Other Driver's Insurance Adjuster Does Not Represent You

This distinction is important.

If another driver caused your Dallas wreck and you make a bodily injury claim against that driver's liability insurance, the adjuster handling that claim works for the insurance carrier.

The adjuster is not your attorney.

The adjuster is not independently evaluating the case for your benefit.

You and the insurance company may have very different interests when determining:

• Who caused the collision;

• Whether you share any responsibility;

• Which injuries resulted from the wreck;

• Whether medical treatment was reasonable;

• How much work you missed;

• Whether you will need future treatment;

• How the injuries affected your daily life; and

• How much should be paid to settle the claim.

Understanding this distinction does not require treating every adjuster as hostile. It simply means you should understand the role of the person asking you questions.

What If My Own Insurance Company Is Calling Me?

This situation is different.

Your own automobile policy may require you to cooperate with your insurance company regarding a covered claim. The precise duties depend on your policy and the type of coverage involved.

For example, you could be dealing with:

• Collision coverage;

• Personal Injury Protection;

• Uninsured motorist coverage;

• Underinsured motorist coverage; or

• Another first-party insurance claim.

Before providing a statement, determine which claim and which coverage the adjuster is handling.

This is especially important when both drivers have the same insurance company. One adjuster may be handling your own policy while another is defending the person who hit you.

Our article about what happens when both drivers have the same insurance company in Texas explains why you should know exactly which policy and claim are involved before providing information or signing documents.

You can also learn more about different coverage issues on our Dallas insurance coverage page.

Insurance Calls After an 18-Wheeler Wreck Can Be Even More Important

An insurance call after a commercial truck accident deserves special attention.

A serious 18-wheeler wreck may involve considerably more than the truck driver's personal account of what happened.

Potential evidence can include:

• Dash-camera footage;

• Electronic logging device information;

• Engine or vehicle data;

• GPS information;

• Dispatch communications;

• Driver qualification records;

• Hours-of-service records;

• Maintenance and inspection documents;

• Driver-facing or side-camera recordings;

• Photographs of the tractor and trailer;

• Cargo and loading records;

• Witness statements; and

• Records identifying the tractor, trailer, driver, motor carrier, and other companies involved.

A trucking company's insurer may begin investigating immediately after a serious collision.

That is one reason an injured person should be cautious about giving a detailed recorded statement before conducting an independent investigation.

Truck accidents can also involve multiple businesses and insurance policies.

Depending on the facts, potential parties may include:

• The truck driver;

• The motor carrier;

• The trucking company;

• The tractor owner;

• The trailer owner;

• A maintenance company;

• A cargo-loading company; or

• Another business involved in the truck's operation.

When serious injuries are involved, a Dallas 18-wheeler accident attorney can investigate not only what the driver says happened, but also what the physical and electronic evidence shows.

Do Not Guess About How the Dallas Wreck Happened

One of the most important rules when speaking about a collision is simple:

Do not guess.

Imagine an adjuster asks:

“About how far away was the truck when you first saw it?”

If you do not know, say you do not know.

Do not turn an uncertain memory into a specific estimate.

The same applies to:

• Speed;

• Distance;

• Seconds before impact;

• Vehicle positions;

• Whether another driver was braking;

• Whether another driver used a turn signal;

• What another driver was looking at; and

• What you supposedly could have done differently.

Objective evidence may ultimately answer some of these questions better than a person's estimate made shortly after a frightening collision.

Be Careful With Broad Medical Authorizations

A recorded statement may not be the only thing the insurance company requests.

An adjuster might also send you a medical authorization and explain that the company needs it to evaluate your injuries.

Before signing it, read it.

Determine:

• Which providers can release records;

• How far back the authorization goes;

• What categories of records are covered;

• Whether it allows the insurer to obtain unrelated medical information; and

• How long the authorization remains effective.

Medical information relevant to the injuries claimed in a wreck may need to be provided during the claims process or litigation.

That does not necessarily mean an injured person should sign an unlimited authorization without understanding its scope.

Do Not Let a Property-Damage Conversation Turn Into an Injury Settlement

Another common issue arises when an injured person believes they are discussing vehicle repairs, towing charges, rental expenses, or one medical bill.

Then paperwork arrives.

Read it carefully.

An insurance payment may sometimes be conditioned on signing a release.

A release can potentially resolve claims against the people or entities identified in the document.

That matters because the full value of a serious injury claim may involve more than the first hospital bill.

Depending on the evidence and circumstances, damages may potentially include:

• Medical expenses;

• Lost wages;

• Loss of earning capacity;

• Physical pain;

• Mental anguish;

• Physical impairment;

• Disfigurement; and

• Other damages recoverable under Texas law.

If the insurance company makes an early settlement offer, understand exactly what claim is being settled and whom you are releasing before signing.

Our discussion of settlement offers after a Dallas car accident explains why paying an immediate medical expense can be very different from fully settling a bodily injury claim.

What Should I Do When an Insurance Adjuster Calls After a Dallas Wreck?

If an insurance adjuster calls after a car or truck accident:

1. Find out who is calling.

   Get the adjuster's full name, insurance company, telephone number, email address, and claim number.

2. Ask which driver or company the adjuster represents.

   This is particularly important after commercial truck wrecks and crashes involving multiple vehicles.

3. Ask what type of claim they are handling.

   Liability? Property damage? Collision? PIP? UM/UIM?

4. Do not guess.

   If you do not know something, do not speculate.

5. Be cautious about giving a recorded statement to the other driver's insurer.

   Consider getting legal advice first, especially after a serious injury.

6. Do not minimize injuries you are still evaluating.

   Seek appropriate medical attention and describe your symptoms accurately.

7. Do not sign a broad medical authorization without reading it.

8. Do not sign a settlement release without understanding what rights it gives up.

9. Preserve evidence.

   Save photographs, videos, dash-camera footage, insurance correspondence, repair information, medical documents, and witness information.

10. Consider talking with an attorney before the claim gets complicated.

Why the First Days After a Dallas Car or Truck Wreck Matter

A personal injury case is ultimately built on evidence.

That evidence may include:

• Police reports;

• 911 calls;

• Body-camera footage;

• Dash-camera video;

• Surveillance recordings;

• Vehicle photographs;

• Roadway evidence;

• Witness testimony;

• Medical records;

• Diagnostic imaging;

• Employment records;

• Electronic vehicle data; and

• Commercial trucking records.

Some evidence may exist for only a limited period before it is overwritten, destroyed in the ordinary course of business, or becomes harder to locate.

That is particularly important after an 18-wheeler collision, where electronic and corporate records may provide information that cannot be determined simply by looking at the police report.

The goal should be to build the claim around reliable evidence—not an injured person's guesses during a telephone call made shortly after the crash.

Frequently Asked Questions About Insurance Calls After Dallas Wrecks

Do I have to give the other driver's insurance company a recorded statement?

Not necessarily. The answer can depend on whose insurance company is requesting the statement and the circumstances of the claim. Before giving a recorded statement to the other driver's liability carrier after a serious injury accident, consider obtaining legal advice.

What if I already gave the insurance company a recorded statement?

Giving a statement does not automatically destroy your case.

Do not panic and do not attempt to “fix” the statement by repeatedly calling the adjuster.

Instead, preserve what you can about the conversation, continue documenting your injuries and treatment, and discuss the statement with an attorney if you are concerned about what was said.

Should I tell the adjuster I am injured?

Tell the truth.

If you are experiencing symptoms, do not minimize them. If you do not yet know the full extent of your injuries, you do not need to pretend that you do.

Should I talk to my own insurance company?

You generally need to comply with legitimate obligations under your own insurance policy. But first understand what coverage the adjuster is handling and what information is actually being requested.

Can an insurance company use my recorded statement against me?

Statements you make about fault, speed, vehicle positions, injuries, prior medical conditions, or other facts can become part of the insurer's claim file and may later be compared with other evidence.

Is a truck accident recorded statement different from a car accident statement?

The interview itself may look similar, but commercial truck claims can involve substantially more evidence, companies, and insurance issues. Before giving a trucking carrier's insurer a detailed account, consider whether critical truck evidence should first be preserved and investigated.

Talk to a Dallas Car or Truck Wreck Lawyer Before Giving a Recorded Statement

If you were injured in a Dallas car accident, 18-wheeler wreck, commercial vehicle collision, or other serious crash, you do not have to guess your way through conversations with the insurance company.

The Wooley Law Firm represents people seriously injured in car and truck wrecks throughout Dallas–Fort Worth and Texas.

We can investigate the collision, communicate with insurance companies, identify potentially responsible parties and available insurance coverage, preserve important evidence, and help you understand what information should be provided during the claims process.

Call The Wooley Law Firm at (214) 699-6524 for a free consultation. You don't pay unless we win.

You can also contact The Wooley Law Firm online.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.