How to Deal with Insurance Adjusters After a Texas Car Accident

The phone rings. In the chaotic days following a car accident, a call from the other driver’s insurance adjuster can feel like a step toward resolution. The voice on the other end is often calm, professional, and full of concern. They ask how you are, express sympathy, and suggest they just need to ask a few questions to process the claim and “get you taken care of.”

This initial interaction is designed to make you feel at ease, but it is a critical moment that can define the outcome of your case. It’s essential to understand that you are not speaking with a neutral party; you are speaking with a trained professional whose primary goal is to protect their company’s financial interests.

At Will Adams Law Firm, we are trial lawyers who have spent decades representing individuals and families in Katy and across Texas. We have seen firsthand how a seemingly innocent conversation with an adjuster can be used to deny a legitimate claim or drastically reduce its value. Because we prepare every case with the expectation that it might go to trial, we understand the insurance company’s playbook from start to finish.

What Is the Insurance Adjuster’s True Objective?

While the title “adjuster” might imply someone who fairly adjusts a claim to its correct value, their role within the corporate structure is fundamentally different. An insurance adjuster is a company representative tasked with resolving claims for the lowest possible cost. Their performance is often measured by how quickly they can close files and how much money they save the company on payouts.

The adjuster is not a neutral referee looking to make a fair call. They are the star negotiator for the opposing team, and their objective is to win. It is important to understand that every question they ask, every piece of paperwork they request, and every offer they make is a strategic move in this negotiation.

The adjuster’s core objectives typically include:

• Gaining your trust to elicit information. A friendly demeanor makes you more likely to let your guard down and share details that can be used against you.
• Securing a recorded statement. This allows them to lock you into a single version of events before you’ve had time to think clearly or consult with an attorney.
• Finding any reason to shift blame. Texas law on proportionate responsibility means that if they can prove you were even partially at fault, they can reduce their payout.
• Minimizing the severity of your injuries. They will seize on any statement you make that suggests you are not badly hurt, such as “I’m feeling a little better today.”
• Pressuring you into a quick, lowball settlement. They know you are likely facing financial strain from medical bills and time off work, and they use this to their advantage.
• Obtaining a blanket medical authorization. This allows them to search through your entire medical history for any pre-existing condition they can use to argue your current injuries are unrelated to the accident.

The Dangers of a Recorded Statement

One of the adjuster’s most common and immediate requests is for a recorded statement. They will frame it as a simple formality to “hear your side of the story.” You are under no legal obligation to provide a recorded statement to the other party’s insurer, and it is almost always a mistake to do so without legal representation.

A recorded statement is not a conversation; it is a tool for the insurance company. Here’s how it can be used against you:

• Innocent pleasantries are weaponized. Adjuster: “How are you today?” You: “I’m okay, thanks.” In their report, this becomes “The claimant stated they were ‘okay’,” which will be used to argue your injuries are minor.
• Memory gaps are framed as credibility issues. The aftermath of a traumatic event like a car crash on I-10 or the Grand Parkway is confusing. If you misremember a small detail—the exact time, the sequence of traffic lights—that contradicts the police report, the adjuster will claim your entire account is unreliable.
• Speculation becomes “fact.” They will ask questions designed to elicit a guess. “Would you say you were going about the speed limit?” or “Do you think the other driver saw you?” Any answer you give can be presented as a concrete admission.
• Medical downplaying. When asked about your injuries, you might say, “My neck is sore, but I’m managing.” The adjuster hears and notes that you are “managing,” ignoring the underlying pain and potential for a more serious diagnosis like a herniated disc that may not be fully apparent yet.

Instead of agreeing to a statement, you have every right to politely decline. A simple, “I am focusing on my medical care right now and will not be providing a recorded statement at this time,” is a complete and effective answer.

Common Tactics in the Insurance Adjuster’s Playbook

To effectively minimize claims, adjusters employ a range of time-tested strategies. Recognizing these tactics is key to avoiding their pitfalls.

The Aggressively Friendly Approach

This is the most common starting point. The adjuster will be personable, empathetic, and seem genuinely concerned about your well-being. This is a deliberate strategy to build false rapport and make you feel comfortable sharing information you otherwise wouldn’t.

The Low, Fast Settlement Offer

Within weeks, or sometimes even days, a check might be offered. This offer preys on the financial anxiety that follows an accident. It might cover your initial emergency room visit and seem reasonable at first glance. However, these offers are made before the true scope of your injuries is known. Many serious injuries, like soft-tissue damage or spinal conditions, have delayed symptoms.

Accepting this offer requires you to sign a final release. Once signed, you forfeit all rights to seek further compensation for this incident. If you later require surgery, extensive physical therapy, or are unable to work for an extended period, you cannot go back for more. It is a gamble you should not take.

The Blame Game: Using Proportionate Responsibility

Texas operates under a “proportionate responsibility” or “modified comparative negligence” system. This means your ability to recover damages is directly tied to your percentage of fault. If you are found to be 51% or more at fault, you are barred from receiving any compensation. If you are found 20% at fault, your final award is reduced by 20%.

Adjusters are masters at using this rule. They will ask leading questions designed to get you to admit partial fault:

• “Were you distracted by anything at all before the crash?”
• “You were in a bit of a hurry to get to work, weren’t you?”
• “Is it possible you were going a little over the speed limit?”

A simple “I guess so” or “maybe” can be documented as an admission of fault that will be used to reduce or deny your claim.

The Delay and Stall Tactic

If a quick settlement doesn’t work, the opposite tactic could be employed. The adjuster may suddenly become very difficult to reach. Your calls go to voicemail, emails go unanswered, and you’re told they are “still investigating” or “waiting on a supervisor’s approval.” This is often a deliberate strategy. The insurance company knows that as your bills pile up, your desperation will grow, making you more likely to accept a low offer later on.

Misrepresenting the Law or Your Policy

Less scrupulous adjusters may give you incorrect information to discourage you. They might tell you that you don’t need a lawyer, that a certain type of damage isn’t covered, or that you have to use one of their “approved” auto body shops. These statements are often untrue and designed to control the process and limit their costs.

Surveillance

In cases involving significant injuries, it is not uncommon for insurance companies to conduct surveillance. This can include:

• Online Surveillance: They will scrutinize your social media profiles (Facebook, Instagram, etc.) for photos or posts that contradict your injury claims. A photo of you at a family barbecue could be used to argue you aren’t in as much pain as you claim.
• Physical Surveillance: In some instances, an investigator may be hired to film you in public, hoping to capture footage of you carrying groceries, mowing the lawn, or doing any activity that could be used to question the severity of your disability.

What to Do (and Not Do) When an Adjuster Calls

Navigating this process requires a clear and disciplined approach.

What You SHOULD Do:

• Get the adjuster’s information: Write down their name, title, phone number, and the insurance company they work for.
• Keep it brief and factual: Provide only basic identifying information: your name, address, and phone number.
• Identify your attorney: The most powerful thing you can do is state, “All future communications should be directed to my attorney.”
• Document the call: After you hang up, make a note of the date, time, and what was discussed.

What You Should NOT Do:

• Do not agree to a recorded statement.
• Do not discuss the facts of the accident or your injuries.
• Do not guess, speculate, or apologize for anything.
• Do not accept any settlement offer without legal review.
• Do not sign any documents, especially a medical authorization form. The adjuster’s form is often a blanket release allowing them access to your entire life’s medical history, not just records relevant to the accident.

How a Katy Car Accident Attorney Changes the Dynamic

Hiring a personal injury attorney immediately shifts the power balance. An adjuster who is used to dealing with individuals who are unfamiliar with the law must now contend with a professional who understands the system, knows the value of a claim, and is not intimidated by their tactics.

Here is how the Will Adams Law Firm specifically levels the playing field:

• We Take Over All Communication: The moment you retain our firm, we send a formal letter of representation to the insurance company. This legally obligates them to cease all direct contact with you. The harassing calls stop, and you can focus on your recovery.
• We Conduct Our Own Investigation: We don’t rely on the police report or the adjuster’s version of events. We launch our own independent investigation to establish liability, preserve evidence, and identify all responsible parties.
• We Accurately Calculate All Your Damages: An adjuster’s offer rarely accounts for the full scope of your losses. We work with your doctors to understand your future medical needs. We may engage economists to calculate your lost earning capacity and life care planners to detail the costs of living with a permanent disability. We build a comprehensive demand package that accounts for every category of your economic and non-economic damages.
• We Challenge Their “Experts”: Insurance companies often require you to see one of their doctors for a so-called “Independent Medical Examination” (IME). These doctors are chosen and paid by the insurer and often produce reports that favor the company’s position. We know how to prepare you for these exams and, more importantly, how to challenge a biased report in negotiations or in court.
• We Negotiate with the Power of the Courtroom: This is perhaps the most significant advantage. We are trial lawyers. We work together on our firm’s cases, preparing each one as if it will be presented to a jury. Insurance companies keep records on law firms. They know which firms settle every case cheaply and which ones are willing and able to go to trial and win. Our reputation for being unafraid to go to court means they are more likely to negotiate fairly, knowing a lowball offer will be rejected and there is a much better chance they will have to face a judge and jury.

Contact Our Katy, TX Personal Injury Law Firm Today

The aftermath of a serious car accident is not the time to engage in a high-stakes negotiation with a trained corporate representative. It is a time to focus on your health, your family, and your recovery. Let a team with deep roots in the community and a proven track record of standing up to insurance companies handle the legal battle for you.

At Will Adams Law Firm, we are proud to fight for injured Texans. We understand the tactics, we know the law, and we are prepared to work tirelessly to secure the resources you need to rebuild your life. If you or someone you love has been hurt in a crash, contact our Katy office today at (281) 371-6345 for a complimentary and confidential case assessment.