No. Under Texas law, they cannot require you to make a recorded statement.
If you are asked to do so, tell the insurance company employee that you decline to make a recorded statement, as is your right under Texas law.
In fact, after an auto accident in Texas, you should generally not say anything to the insurance company before consulting an attorney.
But if you do speak to an insurance company representative, say as little as possible.
They may try to use the words you say to claim you were at fault. In order to protect your own rights, you should be cautious.
After an accident, insurance adjusters investigate how the accident happened, and who was at fault. They also examine what property damage and bodily injuries resulted from the accident.
Based on what they find, insurance adjusters calculate how much money the insurance company should pay to the injured victims. This is called a settlement offer. They are offering to settle the case and be done with any responsibility for that accident.
If you accept the amount of money they are offering, you usually cannot file a lawsuit for any other injuries or damage caused by that particular accident. That matter is settled.
Insurance companies are not good or bad. They are businesses.
Like most businesses, insurance companies are driven by profit. Lower settlements mean higher profits.
So when an insurance company has to pay for injuries and damages caused by the clients they insure, company employees will offer as little money as possible to settle a case. It’s not personal. It’s in the job description.
If you speak to an insurance adjuster on the phone, the adjuster might be kind and understanding. The adjuster might say they want to reach a fair agreement.
But even if the employee you are speaking with is personally sympathetic, the employer expects the matter to be settled as quickly as possible, for the lowest possible settlement they can convince you to accept.
Some might even ask a question that sounds compassionate, but is designed to make you say something that can be used against you. Even saying ‘sorry’ can be offered as evidence of your guilt by an insurance company attorney to reduce your settlement or even deny the claim.
Most people can be quite shaken after an accident. If you were injured, you may be in the hospital or on pain medication.
When you feel up to it, it is important to go over what you remember. But it can take a bit to recollect your thoughts. Things may be more clear when you are calm and in a safe place.
That is why you do not want to make a statement to the insurance company before you have clarified what happened. You want to sort out what you remember without someone challenging you. Or in the case of many insurance adjusters, watching your every word for something they can use against you. That is why you have to be careful when speaking to the insurance company.
And remember, just because you may have received a traffic ticket in an accident, a traffic ticket doesn’t prove who was at fault. So be sure not to make any claims or admissions of guilt to the insurance company, even if you did receive a ticket.
Under Texas Insurance regulations, you have a limited amount of time to make a claim on an insurance policy. So you do not want to wait to report the accident to the insurance company.
That will involve making some statements to an insurance company employee. Most insurance companies notify you that they are recording these phone calls, so you should expect that anything you say may be used against you.
If you do speak to an insurance company representative, you should:
Keep in mind that you do not have to speak to the insurance company at all.
You can simply contact a Texas personal injury attorney from Justinian & Associates, and we will make that call. And we’ll only make it after understanding your story, investigating and gathering evidence.
When we call an insurance company, we make your case and stand our ground. We explain why Texas law makes them responsible, and we demand justice, whatever that means for you.
Call, text or email us for a free consultation. We can meet you wherever is convenient. We will listen to your story, and explain your rights under the law.
If you ask us to represent you, we will contact the insurance company and you won’t have to deal with them again. We are warriors for the injured.
And unless we get you money for your injuries, you never owe us any fee. Contact Justinian & Associates. Just a conversation. Never any obligation.