Author: Shelby Benavidez  

Contributing Attorney:  Sean Szlachtowski, attorney 

Table of contents

After a car accident, you expect the insurance company to handle everything and that you’ll be treated fairly. But it’s important to remember that the insurance adjuster works for the insurance company, not for you.  

Insurance adjusters handle car accident claims every day. They know what questions to ask, what information to look for, and what can be used to reduce the amount their company ultimately pays.  

That doesn’t mean every insurance adjuster is going to lie to you. But some of the things you hear may be misleading, leave out important information, or make you feel like you have fewer options than you actually do.  

At Daniel Stark Injury Lawyers, we’ve spent decades protecting injured Texans from big insurance. Here are some common insurance lies and misleading statements you may hear after a car accident, and what you should know before taking them at their word.  

1. “You Don’t Need a Car Accident Attorney.”  

If the insurance company tells you that your claim is simple enough to handle on your own, ask yourself one question: Why would they care if you hired an attorney? It’s your money.  

They know you probably don’t know the ins and outs of a car accident claim. In fact, they’re banking on it.  

Insurance adjusters handle claims every day. They know what to say and do to pressure you into settling for less than what your case is worth. Most people injured in a car accident don’t have the knowledge or experience to determine the full value of their case.  

When you hire a car accident attorney, that evens the playing field. The insurance company knows there’s now someone on your side who understands the process, knows what to look for, and can fight for the full value of your claim.  

The insurance company doesn’t benefit from you knowing more about your rights — but you do.  

2. “This Is Our Final Offer.”  

An insurance adjuster may send you a lowball number and call it their “final offer,” suggesting that you only have two choices: take the money now or walk away with nothing. Don’t fall for it.  

An early settlement offer can be tempting, especially when medical bills are piling up, you’re missing work, and you just want to put the car accident behind you. But the insurance company’s “final offer” is rarely ever their true final offer and likely won’t be what your case is worth.  

Once you accept a settlement and sign a release, your injury claim is over. If you later learn that you need additional medical treatment, can’t return to work as quickly as expected, or have lasting limitations, you can’t go back and ask for more money.  

Before accepting a car accident settlement, make sure you understand the full extent of your injuries, including future medical care.  

3. “You Have to Use One of Our Preferred Repair Shops.”  

The insurance company may give you a list of “preferred” or “in-network” repair shops and make it sound like those are your only options. They’re not.  

In Texas, you have the right to choose the repair shop that works on your vehicle. An insurance company may recommend a preferred shop, but you don’t have to use it. You can take your vehicle wherever you want.  

That doesn’t necessarily mean the insurance company will agree to every amount your repair shop charges. The insurer may review the estimate or dispute certain repair costs. But don’t confuse the insurance company’s preferred shop with your required shop. You have the final say in who repairs your vehicle.  

Insurance adjusters love to point to prior injuries or medical conditions as a reason they shouldn’t have to pay for what you’re dealing with now.  

Had back pain five years ago? They may argue your back injury was already there. Previously hurt your shoulder? They may claim the car accident had nothing to do with the pain you’re experiencing today.  

But having a medical history doesn’t automatically mean a crash didn’t cause further harm. A car accident can aggravate a pre-existing injury or make an existing condition worse. Maybe you had occasional back pain before the crash, but now you can’t sit through a workday, pick up your kids, sleep comfortably, or do the things you could do before.  

This is one reason your medical records can be so important in a car accident claim. They can help show what your condition looked like before the crash, what changed afterward, and the treatment you’ve needed since. Don’t let an insurance adjuster convince you that a prior injury automatically means your current pain isn’t related to the accident.  

5. “You Waited to See a Doctor, So You Must Not Be Hurt.”  

Not everyone realizes how badly they’re hurt while they’re standing on the side of the road after a car accident. Adrenaline and shock can mask symptoms at first. You may not experience the pain from the accident until hours or even days later.  

But insurance companies may point to a gap between the accident and your first medical appointment as a reason to question whether the crash actually caused your injuries.  

The same problem can happen if you start treatment and then stop going for a couple of weeks. An insurance adjuster may argue that if you were really hurt, you would have continued getting treatment.  

However, even if you did delay treatment, don’t assume that means you don’t have a car accident claim. If you’re experiencing pain or other symptoms after a crash, seek appropriate medical care and follow your medical provider’s recommendations. An experienced car accident attorney can help push back against the insurance company’s arguments and use medical records and other evidence to show how the crash caused or worsened your injuries.  

6. “You Need to Provide a Recorded Statement.”  

An insurance adjuster may try to convince you to provide a recorded statement about what happened, your injuries, or even your medical history. Your responses will provide evidence the insurance company uses to evaluate your claim.  

You may be asked questions you weren’t prepared to answer. You may be asked about injuries before you even know their full extent. And seemingly harmless comments can be taken out of context during negotiations.  

Even something as simple as saying, “I’m fine,” at the beginning of a phone call could potentially be pointed to later when the insurance company evaluates how badly you were hurt.  

You don’t have to provide a recorded statement to the other driver’s insurance company. Before agreeing to one, talk to an experienced car accident attorney.  

7. “Your Car Wasn’t Damaged Enough for You to Be Seriously Hurt.”  

Insurance adjusters frequently point to pictures of property damage to claim there’s no way you could be injured from a “minor” fender bender. But let’s make something clear: minimal property damage doesn’t always mean minimal injury.  

Injuries like whiplash, traumatic brain injuries (TBIs), and back injuries don’t necessarily require a high-speed or high-impact collision.  

And these injuries can have a very real impact on your day-to-day life. Pain, headaches, limited mobility, difficulty concentrating, or trouble sleeping can affect your ability to work and take care of your family.  

Your injuries should be evaluated based on how the crash affected you, not how much damage the insurance adjuster can see on your car.  

8. “You Were Partially at Fault, So You Can’t Recover Anything.”  

Being partially responsible for an accident doesn’t automatically mean you can’t recover compensation in Texas. Texas follows a modified comparative responsibility rule. Generally, if you’re 50% or less responsible for the accident, you may still be able to recover damages, although your recovery can be reduced by your percentage of responsibility. If you’re more than 50% responsible, you typically can’t recover damages from the other party.  

However, if an insurance adjuster tries to pin some or all of the blame on you, don’t simply take their word for it. The more responsibility they can place on you, the less they have to pay.  

A skilled car accident attorney can investigate the crash, evaluate the evidence, and determine whether you actually share responsibility. If not, they’ll push back when the insurance company’s version of what happened doesn’t match the facts.  

9. “We’ll Pay for Your Car and Current Medical Bills — That’s All You’re Owed.”  

Insurance companies may make an offer sound fair because your car is taken care of and the medical bills you have right now are covered. But that doesn’t necessarily mean they’re offering you the full value of your claim.  

Think about what happens next. What if you need another MRI, months of physical therapy, injections, surgery, or other medical treatment? You didn’t cause the accident, so you shouldn’t be left paying out of pocket for future medical care caused by someone else’s negligence.  

And maybe you missed weeks of work while you recovered. Maybe you can’t pick up your kids without pain. Maybe you can’t run, hunt, work in your garden, coach your kid’s baseball team, or do something else that was a meaningful part of your life before the crash. Those losses have value, too.  

The purpose of a personal injury claim is to help make you whole again after someone else’s negligence caused you harm. Depending on your case, full value may include your current and future medical expenses, lost income, pain, physical limitations, and the other ways your injury has affected your life. Policy limits can affect how much insurance coverage is available, but paying the bills sitting in front of you today isn’t necessarily the same thing as making you whole.  

Your car may be fixed. Your ER bill may be paid. But what about everything the accident is going to cost you tomorrow?  

10. “This Settlement Offer Expires Soon.”  

Nothing creates urgency quite like an insurance adjuster telling you, “This offer expires Friday.”  

But settlement offers don’t actually have expiration dates, they’re just trying to pressure you into accepting a low offer. Settlement offers can change, and you may choose to continue treatment and consult with a car accident attorney before deciding what your claim is worth.  

So, let their offer “expire.”  

The only deadline that really matters is the statute of limitations. In Texas, you generally have two years from the date of your car accident to file a personal injury lawsuit. During that time, your attorney will negotiate with the insurance company and receive additional settlement offers as they fight for the full value of your claim.  

What Should You Not Say to an Insurance Adjuster After a Car Accident?  

After a car accident, you don’t need to fill in the blanks just because an insurance adjuster asks you a question.  

Be careful about admitting fault, guessing about how the accident happened, minimizing your injuries, or answering questions about things you don’t know. And before agreeing to a recorded statement or signing paperwork, make sure you understand what the insurance company is asking for and why.  

If you don’t know the answer to something, it’s okay to say you don’t know.  

Remember, the insurance company may be documenting what you say from the very beginning. What feels like a casual conversation today could be taken out of context later in your car accident claim.  

When Should You Talk to a Car Accident Attorney?  

You don’t have to wait until the insurance company denies your claim or makes a low settlement offer to speak with a car accident attorney.  

If you were injured, your medical bills are growing, fault is disputed, the insurance company is pressuring you for a statement or settlement, or something about the claims process simply doesn’t feel right, getting legal guidance can help you understand what comes next.  

The insurance company has adjusters, investigators, attorneys, and years of experience handling claims like yours. You should have a team of your own.  

Don’t let insurance company lies determine what happens next. Schedule a free consultation with a qualified car accident attorney to fight for the full value of your injury and get your life back on track.