The Insurance Company Keeps Calling Me After My Car Accident. What Do I Say?
Updated: 2 days ago
You just got in a wreck. Maybe it's your first one ever. Your neck or back hurts, your car is in a shop somewhere, and now your phone won't stop ringing: your insurance company, the other driver's insurance company, maybe a rental company. Everyone wants answers, and you don't even know the questions yet.
First: breathe. This is normal, and you don't have to figure it all out today. Here's how these calls usually work, in plain language.
Who is calling you, and why
Your own insurance company. You pay them, and your policy usually requires you to report the accident and cooperate with them. Calling them back is normal.
The other driver's insurance company. If the other driver caused the crash, their insurance company may call to "get your side." Remember who they work for: their customer and their company, not you. Their adjuster may be friendly, but their job is to settle the claim for as little as they reasonably can.
What you can say
The basics: your name, your contact information, the date and place of the crash, and the other driver's information.
"I'm still getting checked out." If you're hurting, it's okay to say you're still seeing a doctor and don't know the full extent of your injuries yet.
"I'm not ready to give a recorded statement." You can ask to talk later. You generally don't have to give a recorded statement to the other driver's insurance company right away, and many people wait until they understand their options.
"Please send that to me in writing." Offers, forms and requests are easier to understand when you can read them twice.
What to be careful with
Don't guess. If you don't know how fast you were going or exactly what happened, say "I'm not sure."
Don't say "I'm fine" if you aren't. Adrenaline can hide pain for hours or days. "I'm still being checked" is more accurate.
Don't apologize or argue about fault. Just share facts.
Don't sign anything you don't understand, especially a release, a medical records authorization, or a check that says "final."
Don't rush a quick offer. An early offer may come before you know how much treatment you'll need. If an offer seems too low to cover your medical bills, you can take time to ask questions first.
Should I talk to the insurance company or a lawyer first?
There's no single answer for everyone. If the crash was small and nobody was hurt, many people handle it with their own insurance. But if you're hurt, the other driver's insurance company is pressuring you, or an offer feels too low, many people talk to a personal injury attorney before they say much more. Many personal injury attorneys offer free consultations, so asking costs you nothing.
A simple plan for this week
See a doctor if you're hurting, and keep every visit summary and receipt.
Start an accident folder: photos, the police report number, medical papers, receipts and missed-work notes.
Keep a call log: date, who called, their company and what they said.
Stay off social media about the crash and your injuries.
Request your crash report from TxDOT. Our Texas crash report (CR-3) guide shows how.
Get your questions answered before you sign or agree to anything.
Before you hire any lawyer, ask these 3 questions
Some people sign with a lawyer who doesn't usually handle injury cases and later find out their case was passed to another lawyer. Before you sign, ask:
"Do you handle personal injury cases yourself?"
"Will you be the one working on my case, or will it be referred to someone else?"
"What is your fee, and will I get it in writing?" In Texas, a contingent fee contract must be in writing and signed by the attorney and the client (Tex. Gov't Code § 82.065).
Questions people ask about insurance calls after an accident
Do I have to talk to the other driver's insurance company?
You generally don't have to give them a recorded statement right away, and you can ask to talk later. Your own policy usually requires you to report the accident to your own insurance company and cooperate with them.
The insurance offer won't cover my medical bills. What should I do?
You don't have to accept an offer on the first call. Ask for it in writing, keep track of your medical bills, and get your questions answered first. Many people talk to a personal injury attorney before deciding; many offer free consultations.
Should I call a lawyer before I talk to the insurance company?
Report the accident to your own insurance company as your policy requires. If you're hurt, many people speak with a personal injury attorney before giving the other side a recorded statement.
Do I have to pay a lawyer upfront?
Many personal injury attorneys work on a contingency fee, meaning they're paid from a recovery if there is one. In Texas, that agreement must be in writing and signed (Tex. Gov't Code § 82.065). Always ask about the fee before you sign.
Related guides
Feeling lost? Talk to us first. It's free.
That's exactly why Accident Advocate Network exists. Call or fill out our short form and we'll walk you through how this usually works, help you get organized, and answer your general questions. If you're hurt and want a lawyer, we can set up a free case evaluation with an independent Texas personal injury attorney, or share a list so you can choose. No pressure, and you decide.
Prefer to call? 945-266-2321.
Accident Advocate Network is not a law firm and does not provide legal or medical advice. This article is general information only and may not apply to your situation. Talk to a licensed Texas attorney about your specific case.
Comments