Should You Even Respond?
Here’s the situation. The semi truck just rearranged the back end of your car, and sent you to the hospital. You’re hurting, you’re dealing with doctors and treatments, and you’re wondering who is going to pay for all of this.
Your phone rings, and you answer. It’s the insurance adjuster. They’re policy, and perhaps even sympathetic. They seem to be asking simple questions at first – how you’re feeling, if you’ve missed work, maybe about family, kids, hobbies, and the like. It seems like they’re checking in on you. But if the trucking company already has the crash report, and likely mountains of digital evidence, why are they asking you questions?
The Car Crash Captain looks into what comes after the wreck. Why do commercial vehicle insurance adjusters want a recorded statement? Do you have to give a recorded statement, or do your rights as a Texan let you decline?
The Adjuster isn’t Just Being a Friendly Neighbor
After a wreck, the insurance company is going to investigate what happened. If they just took everyone’s word for it, they’d be losing so much money they’d be broke in a month. And while the adjuster might be a good person, and is truly a friendly person, their job isn’t to maximize your compensation; actually, it’s the opposite. Their job is to minimize the compensation. And the questions they ask can tip the scales in their favor; questions like:
- How fast were you going? This is used to establish partial fault.
- Did you see the truck coming? You might have been able to avoid the collision.
- Are you feeling better? Your injuries might not really be that bad.
- Have you had back problems in the past? Preexisting conditions aren’t their responsibility.
- Can you describe what happened? They’re hoping to catch you in an inconsistency.
All of these questions are designed to get you to guess at what happened. Because it’s recorded, these guesses, remarks, or partial answers can be used to show that you were partially responsible and thus they won’t have to pay out quite as much.
“Can I Refuse to Give a Recorded Statement?”
Generally, Texas motorists are not required to give a voluntary recorded statement to the at-fault truck driver’s insurance adjuster.
We can’t talk in absolutes every time, since there are nuances to every case. But for the most part, you’re not responsible to cooperate with their insurance company (your insurance company, however, is another story).
That doesn’t mean, however, that you will never have to speak with them (or you won’t have to have your lawyer at Herbert Law Group speak to them). While you can decline a voluntary recorded interview, you will still need to provide information to support your claim. What we want to do, though, is ensure that you’re not being tricked, coerced, or otherwise manipulated into admitting fault when there wasn’t fault to admit.
If your accident goes to trial, that’s a whole new story. A formal deposition or legal processes are very different from an adjuster’s phone call. Because just because they asked you a question doesn’t mean you’re obligated to provide a recorded answer.
What Should You do When the Adjuster Calls?
There’s no need to be rude on the phone, but you can politely decline the conversation. If you receive a call from the insurance adjuster, here’s what you do:
- Ask for their name, the company, and the claim number.
- Politely decline to give a recorded statement until you’ve obtained legal advice.
- Tell them, “I’m working with Herbert Law Group out of Richardson, Texas, all questions can be addressed to my attorney.”
Don’t guess about speed, distance, injuries, or even who is at fault. If you have dashcam footage or pictures of the wreck, make sure they’re secure along with medical records, witness information, and any correspondence with anyone regarding the wreck.
Commercial trucking companies likely already have all the evidence necessary, including dashcam footage, GPS data, ELD records, driver information, and more. You probably don’t have any of that (except, perhaps, your own dashcam evidence).
The friendly adjuster likely isn’t lying or doing anything improper. But they are investigating a claim and the information you provide could influence how that claim is evaluated, and how much they legally are required to pay out. They’re looking out for their own interests, and you should have someone looking out for your interests as well.
Herbert Law Group Looks out for You
We’ve done this a time or two and we know how these companies work. It’s very likely that this is your first time being injured in a Texas semi truck wreck, so you’re just learning how it all works.
The best way to ensure you heal the fastest is to let us handle it all. We’ll fight for your rights, ensure that evidence is preserved, and you receive the maximum compensation.
All we need right now is a phone call where we can get to know you, learn what happened, and determine what to do next. Call our offices in Northeast Texas at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you.