Road Justice Tip: If the adjuster calls you directly, it is perfectly okay to say: “I have an attorney handling this. Please direct all communication to them.” Then hang up. You do not owe them a conversation.
Hip Fire: Quick Bullets Nailing The Answers Covered in this FAQ
(detail with sources below)
- Short answer: No. Not without a skilled motorcycle injury lawyer in Texas.
- Texas law does NOT require you to give a statement to the other driver’s insurer.
- Do NOT give a recorded statement. Adjusters are trained to get you to say things that hurt your case.
- Do NOT sign a medical authorization — it gives them access to your entire medical history, which they will use to blame old injuries.
- The Texas Department of Insurance (TDI) advises filing a claim but handling communication through an attorney.
- Let your lawyer do the talking. That is literally what they are there for.
An experienced motorcycle accident lawyer in Texas can step in immediately, handle all insurer communications, and make sure nothing you say is used against you.
Why the Other Driver’s Insurance Is Not Your Friend
This trips up a lot of people. The other driver’s insurance company calls you up, and they sound so nice. So concerned. “We just want to get your side of the story so we can process this quickly.” It feels like they are trying to help you. They are not. Their entire job is to pay you as little as possible — or nothing at all.
Insurance adjusters go through extensive training on how to conduct phone interviews with claimants. They know exactly what questions to ask to get you to say something that can be used against you later. Things like “How are you feeling today?” (If you say “not bad,” they will argue you were not seriously hurt.) Or “Can you tell me what happened?” (They are hoping you will say something that shifts even 1% of the blame onto you.)
A trusted Texas motorcycle accident attorney knows these tactics inside and out and can handle all communication for you, making sure nothing is twisted or used to weaken your claim.
What You Should NOT Do
- Do NOT give a recorded statement. You have no legal obligation to do this, and it can only hurt you. Once your words are on tape, they cannot be taken back.
- Do NOT sign a medical authorization. The insurance company will ask you to sign a form that lets them pull your medical records. Sounds harmless, right? Wrong. They will dig through your entire history looking for any prior injury they can use to argue that your current pain is “pre-existing.”
- Do NOT discuss the details of the crash. Do not explain what happened, how fast you were going, what you saw, or what you think caused it. All of that should go through your attorney.
- Do NOT accept a quick settlement offer. The first offer is almost always a fraction of what your case is worth. Once you accept, you sign away your right to ask for more — even if your injuries turn out to be far worse than you initially thought.
What You SHOULD Do Instead
File a claim. You can (and should) notify the at-fault driver’s insurance company that you are making a claim. But beyond that basic notification, every communication should go through your lawyer. The Texas Department of Insurance (TDI) advises injury claimants to handle insurance communication through legal counsel whenever possible. Every top-rated Texas motorcycle injury firm will tell you the same thing: let the lawyer talk to them.
Contact an esteemed motorcycle accident attorney in Texas today to take control of your claim, avoid costly mistakes, and make sure the insurance company deals with your lawyer.
Source: Texas Department of Insurance (TDI) — Consumer Guidance on Filing Injury Claims