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A day or two after a wreck, the phone rings. It is an adjuster from the other driver’s insurance company, polite and sympathetic, asking whether you would mind answering a few questions on a recording so that the claim can move along. Many people say yes because it sounds like the fastest way to get the car fixed. This article explains what a recorded statement is for, what the questions are aimed at, and what you can say instead.
You do not have to give one
No Texas law requires you to give a recorded statement to the other driver’s insurer. Your own policy may require you to cooperate with your own insurer, which is different, and even then it is wise to know what you will be asked. The other driver’s adjuster works for the other driver’s insurer, and the statement becomes part of that insurer’s file.
Why the statement matters so much in Texas
Texas splits fault in percentages under Chapter 33 of the Civil Practice and Remedies Code. Your damages are reduced by your share of responsibility (33.012), and if your share is greater than 50 percent you recover nothing (33.001). Every sentence that moves a few points of blame onto you is worth money to the insurer. A recorded statement is the easiest place to find those sentences, because it is your own voice, given before you have seen the crash report, the photographs or a doctor’s diagnosis.
The questions, and what they are looking for
| The question | What it is aimed at |
|---|---|
| How fast were you going? | An estimate above the limit, or any number at all, can be used to share the fault |
| Did you see the other car before the impact? | A yes suggests you could have avoided it; a no suggests you were not watching |
| Were you on your phone, or looking at anything? | Distraction, which shifts blame |
| How are you feeling today? | A polite ‘fine’ is later read as a sign you were not hurt |
| Have you ever hurt your neck or back before? | A prior injury to blame the pain on |
| Can you sign an authorization for your medical records? | Access to years of medical history, beyond the wreck |
None of these questions is unfair in itself. The problem is timing: in the first days you do not know the full extent of your injuries, and you may not remember the seconds before the impact as clearly as you think.
What to say instead
- Give your name, phone number and address, and the name of your own insurer.
- Say that you are getting medical care and do not yet know the extent of your injuries.
- Say that you are not giving a recorded statement now, and that your lawyer will contact them.
- Do not sign a medical authorization, a release or a check that says it settles the claim.
- Write down the adjuster’s name, phone number and claim number.
The property damage claim can still move
Declining a recorded statement does not stop the repair of your car. The insurer can inspect the car and read the crash report. When it settles your property damage claim, it may not require you to use a particular repair shop or a particular brand of parts (Insurance Code 1952.301).
Your own insurer
Report the wreck to your own insurer as your policy requires, and open a PIP claim for medical bills and lost income. If you end up making an uninsured or underinsured motorist claim, remember that your own insurer then stands in the other driver’s place and can dispute fault and damages too. Our car accident attorney San Antonio page explains adjusters’ methods and each coverage in more detail, and our car accident lawyer San Antonio page explains how fault is proved.
Legal information
This article is general information about Texas law as of October 2026, not legal advice. The attorney responsible for this site is named at the foot of the page.
Questions people ask
Do I have to give the other driver’s insurance a recorded statement?
No. No Texas law requires it. Give your contact details and refer the adjuster to your lawyer.
Will refusing a statement delay my car repair?
It should not. The insurer can inspect the car and read the crash report, and it may not require you to use a particular shop (Insurance Code 1952.301).