Insurance adjuster recording conversation on cell phone. | Patrick Daniel Law

Who’s Calling & Why?

The person calling you from the insurance company is likely an insurance adjuster. Insurance adjusters investigate claims to determine the company’s liability (if any) for an accident. Early in their investigation, the adjuster is looking for details about the crash. That means reaching out to the parties involved, including you.

Answering some basic questions might not seem like a big deal. But the adjuster is responsible for ensuring that the company doesn’t pay more than they have to for the accident. This is especially important with truck accidents, where damages can be substantial and the liability coverage requirements are high.

One of the ways insurance adjusters try to minimize liability is by asking potential claimants to make a recorded statement. You may view this as an opportunity to tell your story and “set the record straight,” but the insurer will dissect everything you say for details that can help them avoid liability.

Am I Ever Required to Give a Statement?

You are never, ever required to provide a statement to a third-party insurance company. In fact, you have no obligation to communicate with them at all. Should you decide to proceed with a claim, you can leave all of the talking to your truck injury lawyer.

For first-party claims (i.e., a claim made with “your” insurance company), you are generally required to cooperate with their investigation. This may involve giving the adjuster a recorded statement. It is important to stick to the facts and not say anything to suggest you may have been at fault.

What You Must Share at the Scene (Texas Law)

Texas Transportation Code § 550.023 sets out the information that drivers need to share at the scene of a crash. If you have been injured in an accident with an 18-wheeler, you will need to provide the following to anybody involved:

Your name
The address where you live
Your vehicle registration number
Information for your auto liability insurer

You should request the same information from the truck driver and any other parties involved in the crash. In addition, you should ask the truck driver for the name of their employer and get the contact and insurance information.

Simple Script to Decline a Statement

Insurance companies waste no time investigating commercial vehicle accidents and building a solid defense. You may receive a phone call within days of the crash. Sometimes, the insurance adjuster will call when you’re still in the hospital.

This is the worst time to try to answer questions or provide a clear account of the accident. You’re in pain, your memories of the event may be hazy, and you may have trouble thinking straight.

Sadly, the timing of this call is by design. The insurance company doesn’t want you thinking about what’s in your best interest (“Should I talk to insurance after a truck accident?”); they want you to talk on the record so they can use your statements against you.

Patrick Daniel Law has created a simple script you can use to refuse to answer the insurance adjuster’s questions or make a recorded statement:

“I am not comfortable providing you with a recorded statement. Please refer any questions to my attorney, Patrick Daniel. He can be reached at (713) 999-6666.”

Common ‘Trap’ Questions in Truck Claims

Insurance adjusters use “trap” questions to try to elicit damaging information from you. This may include admissions of fault, apologies, details about pre-existing medical conditions, and more. Ultimately, the goal of these questions is to have you give answers that undermine your claim.

Some of the most common questions insurance adjusters use to try to trip people up include:

“What happened?” A broad question leaves you to fill in the details. They’re hoping for inconsistencies or details that suggest you were at fault.
“How are you feeling?” What might seem like a show of sympathy is actually an effort to get you to downplay your injuries. Most people answer “fine” or “okay” without giving it a second thought, but the insurer may use that as proof that you’re not badly hurt.
“When did you start to feel pain?” They’re trying to figure out if you sought medical treatment immediately. Delays in medical care can support their argument that the injuries weren’t serious.
“Do you think you could have avoided the accident?” This is a blatant effort to try to get you to take some of the blame. Don’t fall for it!
“How fast were you going?” Little questions like this about what you were doing immediately before the crash are also attempting to get you to admit fault.

Insurance companies want you to answer their leading questions and make statements against your interests. They don’t want you to hire a trucking accident lawyer to act on your behalf. Knowing this, hiring an attorney is exactly what you should do after a collision with a big rig truck.

What If I Already Gave a Statement?

Timing is everything, and the unfortunate reality is that not everyone will read this before speaking with an insurance adjuster. Giving a recorded statement can make it more difficult to recover the full compensation you deserve, but hope is not lost.

If you are concerned about the effects a recorded statement may have on your truck accident claim, you should hire a lawyer to represent you. Your attorney may be able to obtain a copy of the recording or a written transcript, enabling them to identify potential vulnerabilities in your case.

The next step is to collect strong evidence that will offset potentially damaging information. Examples include:

Copies of the accident report
Witness statements
Medical records
Photos of the accident site, including the damage to your vehicle and the semi-truck
Dashcam or surveillance camera footage
Electronic evidence from the truck’s black box

Anything that proves the truck driver and/or other defendants caused the crash provides critical support for your case. It may also foil the insurer’s efforts to pay less than you deserve.

Next-Steps Checklist

Seek medical attention for any injuries.
Keep detailed records of your medical care and recovery.
Notify your insurance company of the accident.
Be cautious when answering phone calls from unknown numbers; it may be a third-party insurance adjuster.
Contact a Houston truck accident lawyer ASAP.

Why Hire Patrick Daniel Law for a Truck Crash?

Attorney Patrick Daniel focuses on personal injury litigation. Truck accident claims make up a significant portion of his legal practice. Patrick Daniel Law has earned a reputation for excellence in these cases, recovering millions of dollars for clients injured by 18-wheelers.

Trucking companies and their insurers don’t like to pay, and they don’t like to lose. We anticipate the underhanded tactics they employ, such as pressuring injured people to make recorded statements. Our team is committed to protecting your rights and mercilessly pursuing maximum compensation for your injuries and damages.

Contact Our Strategic. Meticulous. Merciless. Truck Accident Law Firm Today

Should I talk to insurance after a truck accident? The first person to talk to is a truck accident lawyer who can communicate with the insurance company on your behalf. Hiring an attorney shows the insurer that you’re not playing around and you’re ready to fight for the result you deserve.

Contact Patrick Daniel Law at (713) 999-6666 if you don’t know how to handle the insurance company after a truck accident. Your initial consultation is FREE, and you pay nothing until we successfully resolve your case. Our truck accident law firm proudly serves clients in Houston and all over Texas.

Should I Give a Recorded Statement to the Truck Company’s Insurer?