When you’re injured in an accident in San Antonio, dealing with insurance adjusters can be a challenging experience. These professionals are trained to protect their company’s bottom line, often at your expense. Certain statements from adjusters should immediately signal you to seek legal representation. At Ryan Orsatti Law, we’ve helped countless San Antonio residents navigate these difficult conversations to secure the compensation they deserve.
Understanding the Insurance Adjuster’s Role
Insurance adjusters work for the insurance company, not for you. Their primary goal is to settle claims quickly and for as little money as possible. While many adjusters are professional, their interests fundamentally conflict with yours as the injured party.
In Texas, insurance companies must follow the Texas Insurance Code and the Deceptive Trade Practices Act, which prohibit unfair settlement practices. However, adjusters often walk a fine line between legal negotiation tactics and potentially misleading statements.
Red Flag Statements That Should Prompt You to Call an Attorney
1. “You don’t need an attorney for this.”
When an adjuster discourages you from seeking legal counsel, this should immediately raise concerns. Texas law gives you the right to representation, and insurance companies know that represented claimants typically receive significantly higher settlements.
Research from the Insurance Research Council shows that accident victims who hire attorneys receive settlements 3.5 times larger on average than those who handle claims themselves. If an adjuster is eager to keep attorneys out of the picture, ask yourself why.
2. “This is our final offer.”
Insurance companies rarely make their best offer first—or second, or even third. When an adjuster declares an offer “final” early in negotiations, they’re often testing your resolve. Texas law requires insurers to attempt in good faith to effectuate prompt, fair, and equitable settlements when liability has become reasonably clear.
A San Antonio personal injury attorney can help determine if the offer truly reflects the value of your claim and whether the insurer is negotiating in good faith as required by law.
3. “We need a recorded statement immediately.”
While insurance companies have the right to investigate claims, there’s rarely a genuine need for an immediate recorded statement. Texas law generally allows two years to file personal injury claims under the statute of limitations (Texas Civil Practice and Remedies Code § 16.003).
Adjusters push for quick recorded statements hoping you’ll make statements before:
- You understand the full extent of your injuries
- You’ve had time to gather evidence
- You’ve consulted with an attorney who can prepare you
4. “If you don’t accept this offer by Friday, we’ll withdraw it.”
Artificial deadlines are a classic pressure tactic. Under Texas Insurance Code Chapter 542, insurers have specific timeframes for claim processing, but these don’t justify pressuring you into quick settlements. When an adjuster imposes an arbitrary deadline, they’re often hoping to force you into accepting less than your claim is worth.
5. “Your medical treatment seems excessive.”
Texas law entitles injured parties to necessary and reasonable medical care. When adjusters question your treatment, they’re laying groundwork to deny coverage for certain medical expenses. This is particularly common with soft tissue injuries, chronic pain, or treatments like chiropractic care.
The Texas Department of Insurance has established guidelines for review of medical necessity, and adjusters who casually dismiss treatments may be violating these standards.
6. “We don’t cover future medical expenses.”
This statement directly contradicts Texas personal injury law, which allows recovery for both past and reasonably anticipated future medical expenses related to your injury. The Texas Supreme Court has consistently upheld this principle.
If an adjuster refuses to consider future medical needs, they’re significantly undervaluing your claim and potentially violating their duty of good faith and fair dealing.
7. “You were partially at fault, so we’re reducing your claim.”
Texas follows a “modified comparative negligence” rule under Texas Civil Practice and Remedies Code § 33.001. While your compensation can be reduced by your percentage of fault, insurance adjusters often arbitrarily assign fault percentages to reduce payouts.
Before accepting any fault determination, consult with a San Antonio attorney who can properly investigate liability and protect your rights under Texas comparative negligence law.
8. “We don’t pay for pain and suffering in cases like yours.”
Texas law explicitly recognizes pain and suffering as compensable damages in personal injury cases. When adjusters dismiss these damages outright, they’re misrepresenting your legal rights and significantly undervaluing your claim.
Non-economic damages like pain and suffering, mental anguish, and loss of enjoyment of life are legitimate components of a Texas personal injury claim that a San Antonio attorney can help quantify and document.
9. “You need to provide complete access to all your medical records.”
While insurers need relevant medical information, Texas law doesn’t entitle them to unlimited access to your entire medical history. Overly broad medical authorizations can give insurers access to unrelated conditions they might use to deny or undervalue your claim.
The Texas Medical Privacy Act provides important protections for your medical information that a skilled attorney can help you navigate while still providing necessary information for your claim.
10. “Sign this release to receive your payment.”
Never sign any release or settlement agreement without legal review. Once signed, these documents typically prevent you from seeking additional compensation even if you discover your injuries are worse than initially thought.
Texas courts generally hold that releases are binding contracts. An experienced San Antonio personal injury attorney can review these documents to ensure they properly protect your interests before you sign away valuable rights.
Why Legal Representation Matters in San Antonio
San Antonio’s unique legal landscape makes local legal representation particularly valuable. Bexar County courts have specific local rules and procedures that experienced local attorneys understand how to navigate effectively.
Additionally, insurance companies operating in San Antonio have developed specific settlement patterns and strategies based on local jury tendencies and judicial rulings. A local attorney familiar with these patterns can leverage this knowledge to maximize your recovery.
When to Contact Ryan Orsatti Law
If you’ve heard any of these statements from an insurance adjuster, don’t wait to seek legal advice. Under Texas law, you generally have two years from the date of injury to file a lawsuit, but evidence can disappear and witnesses’ memories fade much sooner.
The sooner you contact an experienced San Antonio personal injury attorney, the better your chances of securing fair compensation. At Ryan Orsatti Law, we offer free consultations to evaluate your case and help you understand your legal options without any upfront cost or obligation.
Conclusion
Insurance adjusters are skilled negotiators trained to minimize payouts. When they make statements like those outlined above, they’re often trying to take advantage of your inexperience with the claims process. By recognizing these red flags and promptly consulting with a qualified San Antonio personal injury attorney, you can protect your rights and maximize your recovery under Texas law.
Remember that initial consultations with personal injury attorneys are typically free, so there’s no financial risk in getting professional advice about your situation. The experienced team at Ryan Orsatti Law is standing by to help San Antonio residents navigate the complex personal injury claims process and fight for the compensation they deserve.