The dust settles, the tow truck leaves, and the adrenaline finally starts to wear off. Then the phone rings. It’s the insurance adjuster, usually sounding as friendly as a neighbor offering a cup of sugar. They ask how you’re doing, express sympathy, and just want to “clear up a few details.” It feels harmless.
In Texas, where we pride ourselves on being polite and straightforward, it is easy to walk right into a trap. Adjusters aren’t bad people, but they have a job to do, and that job is saving their company money. Every dollar they don’t pay you is a dollar they keep. The conversation you have in those first few days can wreck your chances of getting fair compensation before you even get started.
If that phone rings, keep your guard up and keep these five phrases out of your vocabulary.
1. “I’m so sorry.”
We are raised to apologize. If we bump into someone at H-E-B, we say sorry. If someone bumps into us, we still say sorry. It’s a reflex. But in the legal world, “sorry” doesn’t mean you’re polite; it sounds like a confession.
Texas law uses something called “modified comparative negligence.” Basically, if a jury thinks you are more than 50% responsible for the crash, you get nothing. Zero. When you apologize on a recorded line, the insurance company files that away as an admission of guilt. They will use your own politeness to argue that you caused the wreck. Save the manners for the dinner table; keep the apology to yourself.
2. “I’m fine.”
This is the most common mistake people make. You just survived a collision. Your body is flooded with endorphins and adrenaline, which are nature’s painkillers. You might honestly feel okay in the moment. But ask anyone who has been rear-ended on I-35: the real pain often shows up three days later.
If you tell the adjuster “I’m fine” on Tuesday, and then wake up Thursday unable to turn your neck, you have a problem. The insurer will look at your medical bills and say, “Wait a minute, he told us he was fine. This injury must have happened later.” Don’t give them that opening. A better answer is simply, “I’m going to let a doctor check me out before I discuss my health.”
3. “I think he was going about…”
Human memory is notoriously unreliable, especially during a traumatic event. Yet, adjusters will press you for specifics. How fast was the other guy going? How many feet away were you when you braked?
If you guess, you lose. Let’s say you guess the other driver was going 50 mph, but the black box data later shows he was doing 70. You just made yourself look unreliable. Or worse, you guess a speed that makes it look like you should have had time to stop. If you don’t know the exact answer (and honestly, who looks at their speedometer while bracing for impact?) just say “I don’t know.” It’s the smartest answer you can give.
4. “Sure, you can record me.”
The adjuster will likely ask for a recorded statement right off the bat. They act like it’s just standard procedure, a box to check. You are under no legal obligation to give a recorded statement to the other driver’s insurance company.
These recordings are not for your benefit. They are fishing expeditions. They want to catch you stumbling over your words, sounding confused, or contradicting yourself. Once that audio file exists, it is permanent evidence. Politely decline. Tell them you’ll provide a written statement later once you’ve had a chance to collect your thoughts (and maybe speak to a lawyer).
5. “I don’t need a lawyer.”
This is music to an adjuster’s ears. When they know you are handling the claim alone, they know you probably don’t understand the true value of your case. They know you likely aren’t factoring in future medical costs or lost earning capacity.
This signals that you are vulnerable to a “lowball” offer – a quick check that looks good now but runs out long before you’re fully recovered. Even if you aren’t sure yet, never tell them you’ve decided against legal help. It takes the pressure off them to treat you fairly.
Don’t Go It Alone
The insurance company has a team of professionals protecting their profits. You should have someone protecting your future.
At Hilley Solis, we know the games insurers play, and we know how to win them. We are right here in San Antonio, ready to stand between you and the adjusters so you can focus on healing. You can visit us at 6243 Interstate 10, Suite #503, San Antonio, TX, 78201.
Or call us today for a free consultation on 210-999-9999.