After an accident in San Antonio, you’ll likely receive a call from the other driver’s insurance company requesting a recorded statement. While this may seem like a standard procedure, it can have serious implications for your personal injury claim. As experienced Texas personal injury attorneys, we’ve seen countless cases where accident victims unwittingly damaged their claims by providing recorded statements without proper preparation or legal guidance.
Why Insurance Companies Request Recorded Statements
Insurance companies aren’t requesting your statement simply to gather information about the accident. Their primary goal is to protect their bottom line by minimizing the amount they pay out in claims.
When an insurance adjuster calls requesting a recorded statement, they’re trained to ask questions designed to:
- Extract statements that can be used to reduce your claim’s value
- Get you to accept partial blame for the accident
- Identify inconsistencies they can exploit later
- Establish a baseline account they can use to challenge any new details that emerge
Insurance adjusters are skilled professionals who conduct hundreds of these interviews annually. They know exactly what questions to ask and how to phrase them to benefit their employer, not you.
The Legal Implications of Recorded Statements in Texas
Texas follows a modified comparative negligence rule, also known as the “51% bar rule.” Under this system, if you’re found to be more than 51% responsible for an accident, you cannot recover damages. If you’re found partially at fault but less than 51%, your compensation will be reduced by your percentage of fault.
A recorded statement provides the perfect opportunity for an insurance adjuster to gather evidence that can be used to assign you a higher percentage of fault. Even innocent comments can be taken out of context and used against you.
Common Tactics Used by Insurance Adjusters During Recorded Statements
Leading Questions
Insurance adjusters often ask leading questions designed to guide you toward answers that minimize their client’s liability. For example, instead of asking “How fast were you driving?” they might ask, “You were going over the speed limit, weren’t you?”
Rushing Your Recovery Assessment
You may be asked detailed questions about your injuries before you’ve had a full medical evaluation. Statements like “I think I’m feeling better” or “The pain isn’t too bad today” can be used to argue that your injuries aren’t as severe as you later claim.
Fishing for Inconsistencies
Adjusters may ask the same question multiple times in different ways, hoping you’ll provide slightly different answers they can use to question your credibility.
Requesting Broad Authorizations
During or after the recorded statement, the adjuster might ask you to sign medical authorizations giving them access to your entire medical history—not just records related to the accident. They’ll search for pre-existing conditions they can blame for your current symptoms.
Real Consequences: San Antonio Case Examples
In a recent San Antonio case, our client was involved in a rear-end collision on I-10. Before contacting our firm, he gave a recorded statement in which he mentioned he was “looking at his GPS” seconds before the impact. Although the other driver clearly rear-ended him (which is nearly always considered the other driver’s fault in Texas), the insurance company used this statement to argue comparative negligence, claiming he was distracted. This significantly delayed his settlement and almost reduced his compensation by 30%.
In another case, a client involved in a pedestrian accident on Commerce Street stated during her recorded statement that she “might have been slightly outside the crosswalk.” This single statement was used to argue that she was partially responsible for the accident, despite the driver clearly failing to yield the right of way.
What to Do Instead of Giving a Recorded Statement
Know Your Rights
In Texas, you are not legally obligated to give a recorded statement to the other driver’s insurance company. There is no law or regulation requiring you to do so.
Consult with an Attorney First
Before communicating with the other party’s insurance company, consult with a qualified San Antonio personal injury attorney. At Ryan Orsatti Law, we offer free consultations and can advise you on how to protect your rights.
If You Must Give a Statement
If you decide to give a statement (perhaps your own insurance requires it), keep these guidelines in mind:
- Stick to the facts of what happened
- Avoid speculating about fault or causation
- Don’t discuss your injuries in detail until you’ve had a complete medical evaluation
- Never guess at speeds, distances, or timing
- Understand you can say “I don’t know” or “I don’t recall” if you’re unsure
When Insurance Companies Cross the Line: Bad Faith Practices
Some insurance companies engage in practices that go beyond aggressive tactics and enter the territory of bad faith. According to the Texas Insurance Code, insurers have a duty to act in good faith when handling claims.
Examples of bad faith practices include:
- Misrepresenting policy provisions
- Failing to acknowledge claims promptly
- Making unreasonably low settlement offers
- Using the information from your recorded statement out of context
If you suspect an insurance company is acting in bad faith, document everything and consult with an attorney immediately. Texas law provides remedies for victims of bad faith insurance practices, including the possibility of recovering additional damages.
The San Antonio Personal Injury Claim Process: A Better Approach
Instead of giving a recorded statement that may harm your case, follow this process after an accident in San Antonio:
- Seek medical attention immediately
- Document the accident scene if possible
- Report the accident to your own insurance company
- Decline to give statements to the other party’s insurer
- Consult with an experienced San Antonio personal injury attorney
By following these steps, you protect your right to full compensation under Texas law.
How a San Antonio Personal Injury Attorney Can Help
A skilled personal injury attorney can:
- Handle all communications with insurance companies on your behalf
- Ensure your rights are protected throughout the claims process
- Gather and preserve evidence to support your claim
- Accurately calculate the full value of your damages
- Negotiate for maximum compensation
- Take your case to trial if necessary
Statistics on Insurance Company Tactics in Texas
Research shows that accident victims who give recorded statements without legal representation typically receive lower settlements. According to insurance industry studies, represented claimants receive settlements 3.5 times higher on average than unrepresented claimants.
In San Antonio specifically, our firm has observed that clients who have given recorded statements before hiring us have received initial settlement offers averaging 40% lower than comparable cases where the client declined to give a statement.
The Full Impact of Accidents in San Antonio
The consequences of a car accident in San Antonio extend far beyond immediate medical bills. Many victims face:
- Long-term medical treatment and rehabilitation
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
A recorded statement that damages your claim can affect your ability to recover compensation for all of these damages.
Resources for Accident Victims in San Antonio
If you’ve been involved in an accident in San Antonio, these resources may be helpful:
- Texas Department of Insurance Consumer Help Line – Information about your rights when dealing with insurance companies
- Bexar County District Clerk – For information about filing a lawsuit if needed
- Texas Civil Practice & Remedies Code – Legal framework governing personal injury claims in Texas
Conclusion: Protect Your Rights After a San Antonio Accident
The moments following an accident can be confusing and stressful, but the decisions you make during this time can significantly impact your financial recovery. One of the most important decisions is whether to provide a recorded statement to the other driver’s insurance company.
At Ryan Orsatti Law, we strongly advise against giving recorded statements without legal representation. The risks far outweigh any potential benefits, and there is no legal obligation to do so.
If you’ve been involved in an accident in San Antonio, contact our office for a free consultation before speaking with any insurance adjusters. We can help you understand your rights and options, and ensure you don’t make statements that could harm your claim.
Remember: The insurance company has professionals working to protect their interests. Shouldn’t you have someone protecting yours?