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No. You do not have to give the other driver’s insurer a recorded statement after a San Marcos car wreck. That recording is the place people get tricked the most. Call Injured Texan at 210-512-2222 before you call them, even if you do not want to hire a lawyer. Free consultation. 219 N Comanche St. No fees unless we win.
Texas is a one-party consent state. They can record without telling you. “You’re okay, right?” is the line they keep. A guess about speed becomes a fault argument. Texas Penal Code 16.02 is why they can hit record. You still do not have to give the statement. What the insurance never tells you is that you can say no.
The recording is the delay, deny, defend call. They want your words on file before a lawyer explains the rules for free. “I’m okay” gets played later. A speed guess becomes a fault argument under Civil Practice and Remedies Code 33.001, and a finding over 50 percent can bar the claim. The other two tricks that come with this call are the blanket medical authorization and the swoop-and-settle release. Hold all three. Do not take a knife to a gunfight. Talk with the lawyers at InjuredTexan.com for free.
Allstate’s internal materials were built so the person who was just in the wreck would not speak with a lawyer. The Montana Supreme Court recited that redesign in Jacobsen v. Allstate. Represented claims settled for 2 to 3 times more than unrepresented claims, and perhaps up to 5 times. The script said a lawyer takes 40 percent. It did not say the represented files paid more. Forty percent of a larger number can still beat the whole small check. Bloomberg covered the slides in In Tough Hands at Allstate. Good hands if you took the early offer. Boxing gloves if you pushed back. Jay Feinman named the method in Delay, Deny, Defend. The longer version of handling the claim yourself is here.
Jacob Alford. Injured Texan PLLC dba Alford Law. He lives here. The office is at 219 N Comanche St, San Marcos, across from the little H-E-B. Big insurance is not your neighbor. Jacob Alford is. See his Super Lawyers profile, or contact the office.
Not to the other driver’s insurer. Nothing in Texas law requires it, and you have no policy with that company. Your own insurer may still require cooperation, so do not ignore that call, and do not record it on the spot. Call 210-512-2222 for a free consultation before you do either.
Yes. Texas is a one-party consent state, so the adjuster can hit record without saying so. Ask if the line is being recorded, then stop. Do not fill the silence with how fast you were going.
Not solely for refusing the other driver’s recording. The risk is the sentence you do give. “I’m okay” gets played later. Insurance adjusters are trained to delay, deny, and diminish. Call 210-512-2222 before you give them the tape.
Get off the highway, get medical care the same night, and do not record from the curb. I-35 through San Marcos, Kyle, and Buda is the corridor this office covers. Jacob Alford lives here and his office is across from the little H-E-B. Call him at 210-512-2222.
Do not give a second one. Write down what you remember saying, because that first recording is the line they will play later. Call 210-512-2222 before you sign a medical form or a release, even if you already made the mistake of recording.
The consult is free, including tonight. There is no fee unless there is a recovery. InjuredTexan.com does not get paid until you get paid, and is paid a percentage of what you get paid. 210-512-2222.
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