TL;DR Version of What Not to Say – Stay Silent

As the subheading suggests, the best thing to say to an insurance adjuster after you’ve been involved in a major truck wreck here in Texas is nothing at all. Of course, you can say something, you can say, “I’m working with the Car Crash Captain over there at Herbert Law Group, please direct any inquiries to them!” The caller will likely persist, but that’s all you need to tell them; we’ll take it from there.

Naturally, though, you won’t be thinking clearly as a million things will be buzzing through your head after a wreck. Especially if you’ve suffered major injuries and you’ve been given pain medication.

So, let’s review now and if something bad does happen, you’ll be able to recall this blog and remember to have them talk to the Car Crash Captain instead of you.

Don’t Admit Fault – Or Even Come Close

We know that you shouldn’t admit fault. That would take away all your negotiating power and you’d likely ruin any chance at a settlement. But what comes close to admitting fault?

“I’m sorry.” – these words can be used against you. You might as well say, “It was all my fault, I take full responsibility.”
“I didn’t mean to.” – Even if you didn’t mean to become the victim, don’t imply that you did something to cause the wreck.
“He might have been in my blind spot.” – Even if he was in your blind spot, if your vehicle was hit, you don’t need to justify where he was.
“I couldn’t see him.” – See above.
“I was driving too fast.” – All they need to know is that you were the victim.
“I don’t like money so I don’t need a settlement.” – If you wouldn’t say this, then don’t admit any sort of fault.

Don’t Allow Them Access to Medical Records

When the wreck is being investigated, the insurance adjusters and their teams of lawyers will want to scrutinize everything. However, without your permission (or a court order), they can’t dip into your medical records. That doesn’t mean they won’t try.

You might think, “What’s wrong with letting them see how much pain I’ve been put through?”

The problem is that they don’t want to just see the medical records from this wreck. They want to see everything from even before the wreck. That way, everything you were treated for in the past is a potential pre-existing condition. Something not caused by the wreck, and therefore not their responsibility to pay on.

Don’t Tell Them About Your Injuries

Just as you don’t want them nosing around in your past medical conditions, they don’t need extra information about the current ones either. Because likely if you talk to them about your injuries, they’ll try to steer the conversation so you say something like:

“It’s not too bad.”
“I should heal quickly.”
“I’ve suffered worse.”
“I’m tough, I’ll recover.”
“I want you to know these injuries aren’t nearly as bad as they seem, so really there’s no reason for us to pursue a settlement at this time since I’ll make a full recovery simply by willing it to be so.”

That last one. You might not say it in as many words, but they can twist your words into something that means that exact thing.

Don’t Provide a Recorded Statement

No matter how closely you guard your words, you may end up saying something that can be taken out of context. If you agree to a recorded statement, then you agree to have bits of your recording played back, without the supporting words around them.

Any time the insurance company wants to have your recorded statement, they have to tell you the conversation will be recorded (they may say “for quality control purposes” but what they mean is “to support our case against you so we don’t have to pay as large of a settlement.”). As soon as you hear them mention they’re recording anything, you just have to say, “Please direct all inquiries to Herbert Law Group.”

Don’t Discuss Circumstances of the Truck Wreck

You are under no obligation to share what happened with the insurance company.

They can get the official report from the police, or talk to your truck wreck attorney about it.

Don’t Open Up to Your Goals and Hobbies

It might seem like a good idea to talk about goals and hobbies to show how the wreck has thrown off your plans for life.

You were once an avid rock climber, but now you can’t climb anymore. The truck wreck has ruined your hobbies forever. You might be thinking you could get a larger settlement because of this.

What the insurance company is thinking is, “How can we show those injuries were really caused by a rock climbing accident that happened before the wreck?” This is also why you should skip posting on social media until your wreck has fully settled, and lock down your account so nobody can get on there and any activity.

Herbert Law Group Has Your Back after a Texas Truck Wreck

It sounds like a lot of work. In reality, it’s easy: just don’t talk to the insurance companies any more than telling them that you’re working with Herbert Law Group.

Our job is to handle insurance and the legal aspects of your wreck. Your job is to heal from the injuries that you’ve sustained due to someone else’s negligence.

Let’s get started. Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.