Skip to content

Legal advertising service. Not a law firm or a lawyer referral service.

InjuryClaimGuide
For firms
Back to Learning Center
Insurance

Recorded Statements to Insurers in Texas

A plain-language guide to what the Texas Department of Insurance and Texas law say about talking with your own insurer and the other driver's insurer after a crash, and how to get a copy of your own statement in a lawsuit.

5 min readPublished October 21, 2026Last updated October 21, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Whether you have to talk to an insurer depends on which insurer it is. Your own auto policy is a contract, and its terms state what it requires of you after a crash, including any duty to cooperate; you don't have a contract with the other driver's insurance company, so you don't have the same options with it (TDI). An adjuster works for the insurance company paying the claim (TDI), and a Texas attorney can advise you about whether to give any statement.

Introduction

After a crash, an insurance adjuster may ask to record a conversation with you about what happened. That request can come from your own insurer or from the other driver's insurer, and the two relationships are different. This guide explains what the Texas Department of Insurance (TDI) and Texas law say about each, and how a person can get a copy of their own statement once a lawsuit is filed.

This article provides general informational guidance and is not legal advice. The terms of your own policy control what it requires of you, and a Texas attorney can advise you about giving any statement.

Who the Adjuster Works For

TDI says the adjuster works for the insurance company paying the claim, reviews what happened and estimates the claims payment, and may inspect the damages, look at police reports, talk to witnesses or ask for more information (TDI, Working with an insurance adjuster).

Your Own Insurer

Your own auto policy is a contract between you and your insurer. Its terms state what it requires of you after an accident, including any duty to cooperate with the insurer, and the policy's wording controls.

  • Reporting the crash. TDI's guide says to tell your company about the accident as soon as possible, notes that most companies have deadlines for filing claims, and says to explain what happened and answer questions as thoroughly as possible (TDI, Auto insurance guide).
  • Requests for information. For a first-party claim, which is a claim made by an insured or policyholder under the policy (Ins. Code §542.051(2)), the insurer must, not later than the 15th day after receiving notice of the claim, acknowledge receipt, commence any investigation, and request from the claimant all items, statements and forms it reasonably believes, at that time, will be required. It may make additional requests if they are necessary during the investigation (§542.055). TDI adds that the company may ask you for a signed proof-of-loss form or for more information, and may ask you to have a medical exam (TDI, Auto insurance guide).
  • Tax returns. An insurer regulated under the Insurance Code may not require a claimant, as a condition of resolving a claim, to produce the claimant's federal income tax returns unless a court orders it or the claim involves a fire loss or a loss of profits or income (Ins. Code §542.004(a)).

Your policy is the place to check what your insurer can require. Your insurer can show you the section of your policy that applies.

The Other Driver's Insurer

TDI says that you don't have a contract with the other driver's insurance, so you don't have the same options you would with your own company (TDI, Accident not your fault?). TDI also says:

  • the prompt payment law doesn't apply if another driver's insurance company is paying the claim, though the company must act in good faith and try to resolve the claim quickly and fairly; and
  • appraisal can be used only for disputes with your own insurance company, not with another person's insurance company (TDI, Auto insurance guide).

If the other driver's insurer will not pay, TDI says to ask for its reason in detail and in writing (TDI, Accident not your fault?).

Whether to speak with the other driver's insurer, whether to agree to be recorded, and what to say are questions a Texas attorney can advise you about before you answer.

Getting a Copy of Your Own Statement in a Lawsuit

Once a lawsuit is filed, the Texas Rules of Civil Procedure treat a recording of a witness's oral statement, or a substantially verbatim transcription of that recording, as a "witness statement" that a party may obtain in discovery. Notes taken during a conversation or interview with a witness are not a witness statement. The rule also says: "Any person may obtain, upon written request, his or her own statement concerning the lawsuit, which is in the possession, custody or control of any party" (Tex. R. Civ. P. 192.3(h)).

If a party fails to comply with that written request, the person who made it may move for an order requiring compliance, and if the motion is granted, may recover the reasonable expenses of obtaining the order, including attorney fees (Tex. R. Civ. P. 215.1(e)).

What You Can Gather

While you think about your next steps, it can help to keep these in one place:

  • Your auto policy, including its declarations page and the section on what you must do after an accident
  • The claim number, adjuster name and company for each insurer that contacts you
  • A log of each call: the date, who called, which company they work for, and what they asked
  • Any letter or email asking you for a statement, a proof-of-loss form or a medical exam
  • Any written reason an insurer gives for not paying

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently Asked Questions

Do I have to give a recorded statement to my own insurer?

Your own policy states what it requires of you after an accident, including any duty to cooperate. For a claim under your own policy, Ins. Code §542.055 lets the insurer request the items, statements and forms it reasonably believes will be required. Your insurer can show you the policy section that applies, and an attorney can advise you about your situation.

Do I have to give a recorded statement to the other driver's insurer?

TDI notes that you don't have a contract with the other driver's insurance, so you don't have the same options you would with your own company. Whether and how to talk with that insurer is a question a Texas attorney can advise you about.

Can I get a copy of a statement I gave?

Once a lawsuit is filed, Tex. R. Civ. P. 192.3(h) says any person may obtain, upon written request, his or her own statement concerning the lawsuit that is in the possession, custody or control of any party.

Can InjuryClaimGuide talk to the insurance company for me?

No. InjuryClaimGuide is a legal advertising service. We do not contact insurers or anyone else about a claim, and we do not evaluate any claim. An attorney can advise you about your specific situation.

Sources

Ready to talk about your situation?

A free intake is about two minutes. No obligation. You decide if you want to be connected with anyone.

Start free intake

More guides

Start Free IntakeAbout 2 minutes. Free to you.

Start