5 Insurance Adjuster Tactics That Can Hurt Your Texas Claim
After an accident in Texas, the other driver’s insurance company will assign an adjuster to your claim. That adjuster may seem friendly and helpful — but their job is not to help you. Their job is to pay you as little as possible. Understanding their tactics before you talk to them can be the difference between a fair settlement and leaving tens of thousands of dollars on the table.
Tactic #1: The Quick Lowball Settlement Offer
This is the most common and most costly trap. Within days — sometimes hours — of your accident, an adjuster may call and offer you a settlement check. It sounds reasonable. You’re in pain, your car is damaged, and the money would help right now.
The problem: You likely don’t yet know the full extent of your injuries. Whiplash symptoms, disc herniations, and traumatic brain injury can take days or weeks to fully manifest. The moment you accept and sign a release, you permanently give up your right to any additional compensation — even if you need surgery six months later.
What to do: Never accept or sign anything until you have reached maximum medical improvement (MMI) — the point where your doctor says your condition has stabilized. Call Chris Sanchez before responding to any offer.
Tactic #2: Asking for a Recorded Statement
Shortly after the accident, an adjuster may call and casually ask if you’d mind “just going over what happened” — and mention they’ll be recording the call. This is not a routine formality. It is a strategic evidence-gathering move.
Adjusters are trained to ask open-ended questions that lead accident victims to:
- Minimize their own pain (“I’m feeling a little sore but I’m okay”)
- Accept partial blame (“I was going through the intersection when…”)
- Make statements that contradict later medical records
What to do: You are not legally required to give a recorded statement to the other driver’s insurer in Texas. Politely decline: “I’ll have my attorney contact you.” Then call us.
Tactic #3: Delaying Your Claim
Insurance companies know that time works against you. The longer your claim sits unresolved, the more pressure you feel to accept a lower offer. Bills pile up. You may miss work. The stress becomes overwhelming.
Adjusters use delay tactics like:
- Requesting excessive documentation repeatedly
- “Losing” paperwork you already submitted
- Taking weeks to respond to calls or emails
- Claiming they need more time to “investigate”
What to do: Document every communication — dates, times, what was said. An attorney can apply formal pressure and, if necessary, assert bad faith claims against an insurer that unreasonably delays a valid claim under Texas Insurance Code § 542.
Tactic #4: Disputing Your Medical Treatment
Even when liability is clear, adjusters often challenge whether your medical treatment was “necessary” or “related to the accident.” They may hire an independent medical examiner (IME) — a doctor paid by the insurance company — whose opinion is that your injuries aren’t as serious as your treating physician says.
They may also argue:
- Your injuries are “pre-existing” conditions unrelated to the crash
- You waited too long to see a doctor (another reason to seek care immediately)
- Certain treatment was excessive or experimental
What to do: Follow your doctor’s treatment plan consistently and attend all appointments. Gaps in treatment are used against you. An attorney can counter IME reports with your treating physician’s testimony and medical literature.
Tactic #5: Blaming You for the Accident
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code § 33.001. If you are found more than 50% at fault, you recover nothing. If you are found 30% at fault, your damages are reduced by 30%.
Insurance adjusters know this — and they will try to inflate your share of fault to reduce their payout. They comb through the police report, look for inconsistencies in your statement, and sometimes flat-out misrepresent facts.
What to do: Don’t speculate about fault when speaking with anyone after an accident. “I’m not sure what happened” is a perfectly acceptable answer. An attorney can reconstruct the accident using physical evidence, witness statements, and — if needed — accident reconstruction experts to establish the truth.
The Bottom Line: Call an Attorney Before You Talk to the Adjuster
You don’t have to fight the insurance company alone. The Law Office of Chris Sanchez has handled hundreds of Texas personal injury claims and knows exactly how adjusters operate. We handle all communications with the insurer so you don’t have to.
There is no upfront cost — we work on contingency, meaning we only get paid when you do. Call us now at (956) 686-4357 or WhatsApp (956) 616-2020 — available 24/7.
Frequently Asked Questions
Do I have to give the other driver’s insurance company a recorded statement in Texas?
No. You are not legally required to give a recorded statement to the adverse insurance company. Your own insurance policy may require you to cooperate with your own insurer’s investigation, but you have no obligation to the other driver’s insurer. Always consult an attorney before agreeing to any recorded statement.
What is insurance bad faith in Texas?
Texas Insurance Code Chapter 541 prohibits insurance companies from engaging in unfair claim settlement practices — including misrepresenting policy provisions, failing to promptly investigate claims, and refusing to pay valid claims without reasonable basis. Chapter 542 adds prompt payment requirements. If an insurer acts in bad faith, you may be entitled to additional damages beyond your underlying claim, including attorney fees and interest.
How long does the other driver’s insurance company have to settle my claim in Texas?
Under Texas Insurance Code § 542.056, an insurer must accept or reject a claim within 15 business days of receiving all required documentation. Once a settlement is agreed to, they must issue payment within 5 business days. Unreasonable delay can trigger bad faith liability and penalty interest of 18% per year on the unpaid amount.
Should I accept a settlement before my medical treatment is finished?
Generally, no. Settling before reaching maximum medical improvement (MMI) is risky because you cannot know the full cost of your future treatment. Once you sign a release, it is permanent — you cannot go back and ask for more money even if you need surgery or long-term care. An attorney can help you time your settlement demand for maximum value.
Can I still recover compensation if I partly caused the accident in Texas?
Yes, as long as you are not more than 50% at fault under Texas’s modified comparative fault rule (Tex. Civ. Prac. & Rem. Code § 33.001). Your damages are reduced by your percentage of fault. For example, 20% at fault on a $100,000 claim = $80,000 recovery. An experienced attorney works to minimize the fault percentage assigned to you.