How to Avoid Getting Taken Advantage of by Insurance Adjusters
Short answer: Give the other driver's adjuster only basic facts. Don't give a recorded statement, admit fault, downplay your injuries, or sign a medical authorization or release. Put everything in writing and keep a call log. If you were hurt, talk to an attorney first. A trusted local attorney will contact you promptly and evaluate your case for free.
After a Fort Worth crash, the other driver’s adjuster may call within a day or two, often before you have the Fort Worth Police Department crash report. This guide shows you how to protect your claim from that first call through the final check.
The other driver's adjuster vs. your own adjuster
The other driver's adjuster works for the company that would pay you. Their job is to keep that payment low. They may be friendly, but they don't represent you.
| Other driver's adjuster | Your own adjuster | |
|---|---|---|
| Who they work for | The at-fault driver's insurer | Your insurer, under your policy |
| Do you have to talk to them? | No legal duty to give a statement | Your policy usually requires prompt notice and cooperation |
| Recorded statement | You can politely decline | Your policy may require one; ask what it covers first |
| Texas prompt-payment deadlines | Don't apply to your claim | Apply (Tex. Ins. Code ch. 542) |
What to do when the adjuster calls
Keep the first call short. Give only basic facts, and take notes. A simple script:
- Get their name, company, phone extension, email, and claim number.
- Confirm who they represent: "Are you with my insurance company or the other driver's?"
- Give basic facts only: date, place, vehicles, and the crash report number.
- If it's the other driver's insurer, say: "I'm not giving a recorded statement. Please send your questions and any offer in writing."
- Don't agree to anything about money, fault, or your injuries on the call.
- Write down the date, time, and what was said right after you hang up.
Fort Worth tip: if the Fort Worth Police Department or the Tarrant County Sheriff’s Office worked your crash, give the adjuster only the report number. Let the report speak for itself instead of arguing about fault on the phone.
Don't give a recorded statement to the other driver's insurer
You have no legal duty to give the other driver's insurer a recorded statement, and you can say no. Recorded questions are often designed to get you to guess about speed or distance, or to say you "feel fine." Those words can be used later to argue you were partly at fault or not really hurt. In Texas, any share of fault reduces what you recover, and more than 50% bars recovery (Civ. Prac. & Rem. Code §33.001).
Your own insurer is different. Your policy may require you to cooperate, which can include a statement. Ask what the statement is for, keep to facts you know, and say "I don't know" when you don't.
What to say, and what not to say
| Say this | Not this |
|---|---|
| "The crash happened on [date] at [place]." | "I'm sorry, I didn't see them." |
| "I'm still getting checked by a doctor." | "I'm fine" or "It's just a little sore." |
| "I don't know" or "I'm not sure." | Guessing about speed, distance, or time. |
| "Please put that offer in writing." | "OK, that sounds fair." |
| "I'll review it and get back to you." | Agreeing to anything on the spot. |
Don't admit fault, even to be polite. Fault is decided from the evidence, like the crash report, photos, and witnesses, not from an apology.
Don't downplay your injuries. Many crash injuries, like whiplash and concussion, can take hours or days to show up; see delayed symptoms. If you tell an adjuster "I'm OK" on day one, they may point to it later. Get checked, and tell the provider about every symptom.
Common adjuster tactics to watch for
- Speed: calling within a day or two, before you know how badly you're hurt.
- Friendliness: "I just need to get your side of the story" while the call is recorded.
- Deadlines that aren't real: "This offer is only good until Friday."
- Discouraging help: "You don't need a lawyer," or "You'll get less with a lawyer." See where that claim comes from.
- Blaming gaps in treatment: pointing to days you didn't see a provider to argue you weren't hurt.
- Shifting fault: suggesting you were partly to blame to cut the offer by a percentage.
- Over-asking: requesting years of medical records or documents they don't need. A Texas insurer generally can't make you produce your federal tax returns to settle a claim unless a court orders it or you're claiming lost income or profits (Tex. Ins. Code §541.060(a)(9); §542.004).
Medical authorization traps
Don't sign a blanket medical authorization from the other driver's insurer. A broad form can let them pull your medical records for years before the crash. Then they look for an older injury to blame instead of the crash.
- If you share records, send them yourself and send only the crash-related records.
- If you have to sign a form, limit it to providers who treated you for this crash and to dates after the crash.
- Your own insurer may need records for PIP or MedPay. Ask exactly what it needs and why.
Lowball quick settlements and signing a release
A fast offer usually comes before anyone knows what your injuries will cost. Once you sign a release, the claim is usually over for good. That's true even if you later need more treatment.
- Don't sign a release, settlement, or check that says "final" until you know your total medical bills and lost wages.
- Read every word. A car-repair release should cover only property damage; see car repairs and property damage.
- Cashing a check marked "full and final settlement" can count as accepting it.
- Texas law makes it an unfair practice for your own insurer to enforce a full release when it has made only a partial payment, unless the payment is a compromise of a disputed claim (§541.060(a)(6)).
Keep a call log and put things in writing
A written record protects you if the story changes later.
- Keep a log: date, time, adjuster's name, what they asked, and what they promised.
- After each call, send a short email: "To confirm our call today, you said…"
- Ask for every offer, denial, and request in writing.
- Save letters, emails, estimates, bills, and photos in one folder.
- Don't post about the crash or your injuries on social media. Adjusters look.
Signs of bad faith, and how to complain to the Texas Department of Insurance
Texas law lists unfair claim practices by insurers. For claims by an insured, these include (Tex. Ins. Code §541.060):
- Misrepresenting a fact or a policy provision about your coverage.
- Not trying in good faith to settle promptly and fairly once liability is reasonably clear.
- Not explaining why a claim was denied or why an offer is low.
- Not confirming or denying coverage within a reasonable time.
- Refusing to pay without a reasonable investigation.
The insurer must also acknowledge your communications with reasonable promptness (§542.003).
How to file a complaint: first raise the problem with the company in writing. Then use the Texas Department of Insurance auto complaint page and upload your letters and estimates. TDI asks the company to respond, and companies have 15 days to respond. TDI says it usually can't help with a complaint against the other driver's insurer, can't decide who was at fault, and can't decide repair amounts. For those problems, talk to an attorney. Complaints about body shops go to the Texas Attorney General, and complaints about tow companies go to TDLR.
Texas prompt-payment rules (Insurance Code chapter 542)
When you claim on your own policy, Texas sets deadlines for your insurer (Tex. Ins. Code ch. 542, subch. B).
| Step | Deadline | Section |
|---|---|---|
| Acknowledge the claim, start investigating, and request what it needs | 15 days after notice of claim | §542.055 |
| Accept or reject in writing | 15 business days after it gets everything it asked for (it can take up to 45 more days if it explains why) | §542.056 |
| Pay after accepting | 5 business days | §542.057 |
| Late payment | More than 60 days after it has everything | §542.058; 18% interest plus attorney's fees (§542.060) |
These rules cover first-party claims on your own policy, like collision, PIP, MedPay, and uninsured motorist coverage. They don't apply to a claim against the other driver's insurer. Deadlines are extended 15 days after a declared weather disaster (§542.059).
When to talk to an attorney
Talk to an attorney before you sign anything if you were hurt, if fault is disputed, or if the insurer is delaying, denying, or lowballing you. Other signs it's time:
- The adjuster wants a recorded statement or a broad medical authorization.
- You got a quick offer while you're still in treatment.
- The other driver has little or no insurance; see uninsured drivers.
- The 2-year filing deadline is getting close; see Texas filing deadlines.
Use the Free Law Firm Consultation. A trusted local attorney will contact you promptly and evaluate your case for free. There's no cost to ask and no obligation. For more on the first call, see talking to the insurance adjuster.
Common questions
Do I have to talk to the other driver’s insurance adjuster?
No. You have no legal duty to give the other driver’s insurer a statement. You can ask them to put their questions in writing.
Should I give a recorded statement?
Not to the other driver’s insurer. Your own policy may require cooperation, so ask your insurer what it needs and stick to facts you know.
Should I sign the medical authorization the adjuster sent?
Not a blanket one. Limit any release to crash-related providers and dates after the crash, or send the records yourself.
Is the first settlement offer usually fair?
A quick offer usually comes before your medical costs are known. Once you sign a release, the claim is usually over for good.
How long does my own insurer have to pay in Texas?
Generally 15 days to acknowledge, 15 business days to accept or reject after it has everything it asked for, and 5 business days to pay (Tex. Ins. Code §§542.055–542.057).
Can I file a complaint against an insurance company in Texas?
Yes, with the Texas Department of Insurance. TDI says it usually can’t help with complaints against the other driver’s insurer.
Where do I get my Fort Worth crash report for the insurer?
Order the officer’s report through TxDOT’s Crash Report Online Purchase System, usually about 10 business days after the crash. See our crash report guide.
Back to all insurance guides. Fixing your car too? See car repairs and property damage.
Talk to an attorney before you sign anything
Use the Free Law Firm Consultation. A trusted local attorney will contact you promptly and evaluate your case for free. There's no cost to ask and no obligation.