The short answer
Generally, no. Before a lawsuit, you generally do not have a contractual duty to give the other driver's insurer a recorded statement merely because you are making a claim against its insured. Your own insurance company is different: your policy may require you to cooperate, including by giving a recorded statement.
In this article
Why does the other driver's insurer want a recorded statement?
An adjuster may request a recorded statement as part of investigating your claim, but that request alone does not create a legal duty to provide one. You have no contract with the other driver's insurer, and it works for its own policyholder (Allstate v. Watson; TDI guidance).
It's fair to ask what information is needed and how else you could supply it. A call can come quickly, before you've seen a doctor or know how badly you're hurt, and what you say can be used in deciding your claim.
What might an adjuster ask?
Questions may sound routine, and many are. Think about how each answer could be read later, when no one remembers how you felt that day.
| The question | How your answer can be used |
|---|---|
| How fast were you going? | A guess can be used to argue you share the fault. |
| When did you first see the other car? | An answer like “at the last second” can be used to suggest you weren't paying attention. |
| How are you feeling? | “I'm fine” can be used to argue you weren't hurt. |
| Have you ever had back or neck pain? | A past complaint can be used to argue the injury isn't from the crash. |
| Can you describe your injuries? | Early on, you may not know yet. An incomplete answer can be compared with your later records. |
Fault matters because if you are legally found 20 percent responsible for the harm, your recoverable damages are generally reduced by that percentage, subject to other adjustments (CPRC §§33.003, 33.012). An adjuster's proposed percentage is not a binding legal determination, and you can dispute it. More on that in what decides the value of a case.
What can you say instead?
You don't have to be rude, and you don't have to answer on the spot. A short, polite reply is enough.
I'm not going to give a recorded statement right now. Please send your questions to me in writing. My insurance company is [name] and my claim number is [number].
If you plan to hire a lawyer, you can say so and have the lawyer respond. Then end the call. Stick to what you actually know, and don't guess about speed, distance or your injuries.
Will refusing make the insurer deny my claim?
Refusing a recorded statement does not guarantee either acceptance or denial of your claim. The insurer may dispute coverage, fault or your proof of loss, so the effect of refusing depends on the circumstances and the other evidence available.
An insurer remains subject to Texas rules requiring a reasonable investigation and fair claims handling. But as a third-party claimant you don't have the same contract and bad-faith rights against that insurer as its own policyholder (Insurance Code §§541.060, 542.003).
What about a medical authorization?
Read a medical authorization before signing it, including which records it covers, who may receive them and when it expires. A broad authorization may permit access to earlier medical records. The actual wording determines its scope (45 CFR §164.508).
Is your own insurance company different?
Yes. Your own policy may require prompt notice, cooperation, proof of loss, and a recorded statement or an examination under oath. Check its terms and respond to reasonable requests for information, including those relating to a personal injury protection (PIP) or uninsured or underinsured motorist (UM/UIM) claim (TDI auto FAQ).
Report the crash promptly and truthfully, and keep to the facts you know. Ask to have your lawyer present for a recorded statement or examination under oath, and arrange it consistently with your policy's requirements. Having a lawyer involved does not eliminate your obligation to provide required information.
What if you already gave a statement?
It doesn't end your claim. Write down what you remember being asked and what you said, and keep any letters or messages. Before you agree to give another one, get advice from a lawyer, who can look at it alongside your medical records and the rest of the evidence.
What changes once you have a lawyer?
After you retain counsel, ask the adjuster to direct claim communications through your lawyer. A representation letter does not itself establish a blanket legal ban on every direct contact by a nonlawyer adjuster (Rule 4.02), so tell your lawyer if an adjuster keeps contacting you.
Questions people also ask
Is a recorded statement required to process my claim?
Not against the other driver's insurer. An adjuster may ask for one as part of investigating the claim, but that request alone does not create a legal duty to provide it. Ask what information is needed and how else it can be supplied.
Do I have to give my own insurance company a recorded statement?
You may have to. Your own policy may require notice, cooperation, and a recorded statement or an examination under oath. Check its terms and respond to reasonable requests.
Can I talk to the adjuster about my car repairs?
Yes, but keep it to the vehicle, and read anything you're asked to sign. A property-damage settlement can contain language that also releases injury claims.
Do I have to talk to the police?
A driver involved in an injury crash must stop, provide the identifying and insurance information required by law, render reasonable assistance and make the required police report or notification. Those duties do not create a blanket obligation under the crash statutes to answer every investigative question (Transportation Code §§550.021–.023, 550.026).
Sources
- Allstate Insurance Co. v. Watson, 876 S.W.2d 145 (Tex. 1994)
- Texas Department of Insurance, dealing with the other driver's insurance
- Texas Department of Insurance, auto insurance FAQ
- Texas Civil Practice and Remedies Code ch. 33, proportionate responsibility
- Texas Insurance Code §541.060, unfair settlement practices
- Texas Insurance Code §542.003, claim settlement practices
- Texas Transportation Code ch. 550, duties after a crash
- 45 CFR §164.508, medical authorizations
- Texas Disciplinary Rules of Professional Conduct, Rule 4.02
This article is general information about Texas law, not legal advice for your situation. Laws and agency procedures change, and every case is different. Reading it or contacting the firm does not create an attorney-client relationship until a written agreement is signed.
