Insurance tactics after an accident follow a pattern, and the pattern starts within hours of the crash. Adjusters are trained to gather what helps the company and to close claims cheaply. Our Houston lawyers used to work on that side, and this page explains each move and how we respond.
This guide comes from the Houston office of LAWBOSS – Harris, Nelsen & Uvalle, PLLC on Memorial Drive. Five of the firm’s seven attorneys came from the insurance side, including all three of our Houston lawyers, so what follows is described from experience of how claim departments generally work. It is general information, not a prediction about any single claim.
Why the adjuster is friendly on the first call
The adjuster for the other driver’s insurer works for that insurer. Courtesy on the phone is part of the job, and so is collecting facts the company can use later. Adjusters typically have a stack of open files and targets for closing them, which is why the early calls tend to be quick, warm and focused on getting you to agree to things.
None of that is a trick in the movie sense. It is a routine, and a routine can be prepared for. The rest of this page takes the common steps one at a time.
The recorded statement
Within a day or two, the other side’s adjuster usually asks to record a short conversation about the crash. The questions sound simple: how fast were you going, did you see the other car, how are you feeling. Later, those answers are compared word for word with your medical records, your deposition and the crash report. A guess about speed, or an “I’m fine” said while the adrenaline was still running, can be quoted back to you months later.
How we answer it: after you sign with us, every adjuster’s call comes to our office instead of your phone. We decide whether any statement is given, prepare you for it if one is, and make sure it covers facts rather than guesses. We wrote a separate article on the recorded statement after a Houston crash that goes through the questions adjusters commonly ask.
A quick offer that comes with a release
Some insurers make an offer early, sometimes before you have finished seeing doctors. The offer arrives with a release: a document that, once signed, generally ends your claim against that driver and that insurer for good. If an injury turns out to need surgery or months of therapy, a signed release usually means there is no going back for more.
How we answer it: we do not discuss settlement until the medical picture is clear enough to understand what the injury will cost you, and we read every release line by line before you sign anything. We will not tell you what a claim is worth on a web page, because nobody can know that without the records.
Putting part of the blame on you
Texas uses proportionate responsibility. Under Civil Practice and Remedies Code section 33.001, a person cannot recover damages if their share of responsibility is greater than 50 percent, and under section 33.012 any recovery is reduced by the person’s own percentage. That rule gives every adjuster a reason to look for your share: a late brake, a lane change, a phone in the cupholder, a step off the curb outside the crosswalk.
Each point of blame moved onto you lowers what the company may owe, and pushing you past half ends the claim. How we answer it: we gather the evidence that pins down what actually happened, such as the officer’s crash report, photographs, witnesses and any camera video, before the insurer’s version hardens into the official story.
Pointing at someone who is not in the room
Defendants in Texas can ask the court to designate a responsible third party, a person or company they say also caused the harm. Civil Practice and Remedies Code section 33.004 generally requires that motion at least 60 days before trial. The aim is to spread blame across more names, so the defendant’s own share shrinks.
In a truck crash, the carrier may blame a shipper who loaded the trailer or a shop that serviced the brakes. In a slip and fall, a store may blame a cleaning contractor. How we answer it: we look for every party who may share responsibility early, so a late name does not reshape the case, and we answer each designation with evidence.
Gaps in treatment
Adjusters read medical records looking for time between visits. If you saw a doctor the week of the crash and then nothing for a month, the company may argue that you were not really hurt, or that something else happened in between. Missed physical therapy sessions get the same treatment.
Gaps happen for ordinary reasons: work, childcare, money, a ride that fell through. How we answer it: we tell you early that the records will be read this way, help you keep appointments documented, and explain real reasons for a gap with proof instead of leaving it for the insurer to fill in.
Waiting out the clock
Some files simply move slowly. Polite follow-ups, requests for one more record and a new adjuster on the file can eat months. Meanwhile the law keeps time. Civil Practice and Remedies Code section 16.003 generally requires a personal injury suit to be filed within two years of the day the claim accrues, and in a death case two years from the date of death.
Claims against a government unit move on a much shorter fuse. Under section 101.101, written notice describing the injury and the time, place and incident is generally due within six months, and a city charter may set an even shorter period. A crash with a city bus, a county truck or a police car calls for quick action; our article on the notice deadline for a government vehicle crash covers it in more detail.
How we answer it: we put the deadlines on the calendar the day we take the case, and we do not let slow negotiation decide when a lawsuit gets filed.
What you can do today
- Get the crash report number and keep every card or paper the officer gave you; our article explains how to get a Houston crash report.
- Photograph the vehicles, the scene and your injuries, and save the names of witnesses.
- See a doctor, follow the plan, and keep a simple log of visits and missed work.
- Be polite with any adjuster, but do not agree to a recorded statement or sign anything before talking with a lawyer.
- Keep your own posts about the crash off social media; adjusters look there too.
Had a call from an adjuster already? Call our Houston office before the next one and we will tell you how to handle it.
The consultation costs nothing. No Fees or Costs Unless We Win, and that covers expenses too, because the firm pays the costs of preparing your claim as they come up, and you repay neither a fee nor any of those costs if no money is recovered for you. To see who will be handling your case, read about our Houston team.
Questions people ask us
Must I speak with the adjuster for the other driver’s insurer?
Stay polite and keep the call to basic contact details. Our advice is to hold off on describing the crash or your injuries on a recorded line until you have talked with a lawyer. Once you hire us, the adjuster calls us instead.
Why did the insurer offer money so fast?
An early offer usually comes with a release that ends the claim once signed. Closing a file before the full medical picture is known is generally cheaper for the company, so we review any offer and release before you decide.
Can the insurer blame me even if the other driver ran the light?
It can try. Texas reduces a recovery by your own share of responsibility and bars it above 50 percent (CPRC 33.001 and 33.012), so evidence about what happened matters from the first day.
How long do I have to file a lawsuit in Texas?
Generally two years from the day the claim accrues, under CPRC 16.003. A claim against a government unit needs written notice much sooner, generally within six months under CPRC 101.101, and a city charter can shorten that.
Will a gap in my doctor visits hurt my claim?
Insurers often point to gaps to argue an injury was minor. A gap with a real reason can be explained, which is why we ask you to keep records of appointments and of anything that kept you from one.