The person who calls you after a crash works for the insurance company. That is not a secret and it is not personal; it is the job. Our attorneys have done that job or worked beside the people who do it, and this page explains what to expect.
Michael Uvalle founded LAWBOSS – Harris, Nelsen & Uvalle, PLLC after working for several of the largest insurance companies in Texas. Five of the firm’s seven attorneys came from the insurance side, among them Joseph Massey in our Dallas office, a former workers’ compensation adjuster and manager. Nothing here is a claim of influence over any insurer: insurers make their own decisions. It is a description of a process, so you can see it coming.
The quick call and the recorded statement
The other driver’s insurer often calls within days, while you are sore, busy with repairs and unsure what your injuries are. The adjuster may be friendly and may ask to record the conversation. Anything you say about how you feel, how the crash happened or what you were doing can be quoted later.
Our answer. You do not have to give the other driver’s insurer a recorded statement. Once you hire us, the insurer talks to us. Your own insurer is different: your policy may require you to cooperate with it, and we help with that conversation too.
Spreading the blame
Texas reduces a recovery by the injured person’s share of responsibility and bars it when that share is greater than 50 percent (Civil Practice and Remedies Code sections 33.001 and 33.012). So the fault discussion starts early: were you speeding, on your phone, outside the crosswalk, without a helmet? A defendant may also ask to designate a responsible third party, generally at least 60 days before trial (section 33.004), to move part of the blame elsewhere.
Our answer. We build the fault picture from evidence before memories fade: the crash report, photographs, the scene, witnesses, and when they exist, video and vehicle data.
Questioning the injury
Adjusters read medical records for gaps in treatment, for earlier injuries and for phrases that suggest you recovered quickly. A missed month of therapy becomes an argument that something else caused your pain.
Our answer. We gather every record and bill in order, and we tell you early why steady treatment matters. When there is a gap for a real reason, such as work or cost, we make sure the reason is on the record.
The early offer and the release
An early offer can arrive before the full cost of an injury is known. It usually comes with a release, and once you sign it, the claim is over, even if your treatment turns out to need surgery later.
Our answer. We wait until your recovery is understood before we make a demand, and we read every release line by line with you before you sign anything. The decision to accept an offer is always yours.
Already had a call from an adjuster? Tell us what was said. The consultation is free.
Letting the clock run
A Texas personal injury lawsuit generally must be filed within two years (section 16.003), and claims against a government unit need written notice within six months or less (section 101.101). A file that moves slowly can drift toward those dates.
Our answer. We calendar every deadline in your case from the first week and keep the claim moving.
Your own coverage
Many people do not know what their own policy covers. Personal injury protection (PIP) is part of every Texas auto policy unless rejected in writing, is paid without regard to fault and must be paid within 30 days of satisfactory proof (Insurance Code sections 1952.152, 1952.155 and 1952.156). Uninsured and underinsured motorist coverage is also included unless rejected in writing (section 1952.101).
Our answer. We read your policy with you and open the claims you are entitled to make.
What you can do today
- Keep a list of every call from an insurer: date, name and what was asked.
- Do not sign anything from the other driver’s insurer before you have talked with a lawyer.
- Keep your appointments and every bill.
- Do not post about the crash online.
No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. Read more on our personal injury lawyer in Dallas page.
Questions people ask
Is it a bad idea to talk to the adjuster at all?
You can report a crash and share basic facts. What we advise against is a recorded statement to the other driver’s insurer about your injuries or fault before you have talked with a lawyer.
Can an insurer deny a claim because I waited to see a doctor?
It may argue that a delay means the crash did not cause the injury. A delay does not end a claim, but it makes the medical record more important.