By Joshua A. Estes. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.
Questions about adjusters, recorded statements, first offers, releases, denials, and uninsured motorist coverage, answered from The Estes Law Firm’s published articles. Back to Texas Injury Questions, Answered.
Do I have to give the other driver’s insurance company a recorded statement?
No. Texas law does not require you to give the other driver’s insurer any statement. A recorded statement taken while you’re sore, medicated, or nervous gets quoted against you later. “Please send that to me in writing” ends the call politely.
More detail: Should You Talk to the Other Driver’s Insurance Company After a Texas Crash?
Will refusing to talk to the other driver’s insurer hurt my claim?
Declining a recorded statement is routine and adjusters see it every day. Your claim is built on the crash report, medical records, photographs, and documents — not on whether you chatted. Adjusters are trained professionals doing their job, and their job is closing your claim for as little as the file allows.
More detail: Should You Talk to the Other Driver’s Insurance Company After a Texas Crash?
What should I say when an adjuster asks how I’m feeling?
That you’re being evaluated by a doctor, and you don’t know yet. That’s not evasive — it’s accurate: soft-tissue injuries and concussions routinely take days to announce themselves. That same answer deserves to be given everywhere, to your own carrier and to the other driver’s.
More detail: Should You Talk to the Other Driver’s Insurance Company After a Texas Crash?
Should I sign a medical authorization from the other side’s insurer?
Don’t sign a records release from the other side’s insurer without having someone read it first. A narrow release tied to this crash is one thing. The broad version — all providers, all history, no date limits — invites a search of your medical past for anything to blame your injuries on.
More detail: Should You Talk to the Other Driver’s Insurance Company After a Texas Crash?
Should I take a fast settlement offer?
A fast offer is priced on one assumption: that you don’t yet know what your injuries are. Once you sign a release, the claim is closed no matter what a doctor finds later. Settling before the medical picture is complete is not fast — it is a guess made permanent.
More detail: How Long Does a Car Accident Settlement Take in Texas?
The insurance company denied my claim. Is it over?
No. A denial is a position, and it rests on a stated reason. What you can do about it depends entirely on which reason it is — coverage, liability, a policy condition, or causation. Get the denial in writing, with the specific reason, before you argue with anyone.
More detail: The Insurance Company Denied My Claim (or Lowballed It): What Now?
What’s the difference between a denial and a lowball offer?
A denial says the insurer does not owe you. A low offer says it owes you and disagrees about the amount. The first is answered by attacking the stated reason; the second by proving more of your damages. A low offer is information about what your file currently proves.
More detail: The Insurance Company Denied My Claim (or Lowballed It): What Now?
Can I appeal a denied car insurance claim in Texas?
There is no formal appeal the way there is with a health plan. What there is: a written response aimed at the stated reason, more documentation, and if it does not resolve, a lawsuit filed within the deadline. Put your response in writing, and keep a copy.
More detail: The Insurance Company Denied My Claim (or Lowballed It): What Now?
Does the deadline stop while my claim is being negotiated?
No. Negotiations do not pause the limitations period. A claim being open, or under review, or in a third round of negotiation, does not stop the clock on filing suit. That is the single most expensive misunderstanding on this list.
More detail: The Insurance Company Denied My Claim (or Lowballed It): What Now?
What is the difference between UM and UIM in Texas?
UM applies when the at-fault driver had no liability coverage, and in most policies when the driver is unidentified. UIM applies when the driver had coverage but not enough for the harm caused. Neither is a favor from your insurer — it is coverage you paid a premium for.
More detail: The Other Driver Had No Insurance: UM/UIM Claims in Texas.
Can I settle with the other driver’s insurance and still make a UIM claim?
Be careful. Many policies require your UIM carrier’s consent before you settle with or release the at-fault driver. Accepting the other driver’s limits and signing their release without that consent can compromise the UIM claim. Get the policy language checked before signing anything.
More detail: The Other Driver Had No Insurance: UM/UIM Claims in Texas.
Why does the money take so long after we agree on a number?
An agreed settlement still has to clear the claims other people have against it. Health insurers, hospitals, and government health programs may have reimbursement or lien rights that have to be identified, verified, and resolved before funds are disbursed. Then there is release paperwork and the carrier’s processing.
More detail: How Long Does a Car Accident Settlement Take in Texas?
This article is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines in injury cases are strict and fact-specific. Talk to a lawyer about your own situation.
The Estes Law Firm, P.C. · 716 S. Union St, Richmond, Texas 77469 · (281) 238-5400 · Responsible attorney: William F. Estes.