From time to time, adjusters with your insurance company, or the other person's insurance company, may call you "just to see how you are doing." The caller will sound very concerned about how you are getting along. You may be encouraged to say things like you are getting better, you are not (currently) in pain, and that everything is fine. These insurance company people are professional interviewers. They have much experience in encouraging you to minimize your injuries. Most people are not complainers and many folks are reluctant to discuss the full extent of their injuries.
Often the insurance company representative is secretly recording your conversation. Under Texas law there is a double standard at work. Lawyers are not allowed to record telephone conversations without the permission of the person they are interviewing. The same rule does not apply, however, to insurance companies. They don't have to tell you when you are being recorded. And, even if they don't tape you, they will make extensive notes of the portions of your conversation most favorable to them. They may "forget" to note statements favorable to your interests. And you can count on having your statements thrown back in your face when it comes time for you or your lawyer to try to negotiate a settlement. Be cautious when the insurance company adjuster calls. Not surprisingly, that adjuster's loyalty is to the insurance company and not to you.
Written by Donald Ray Burger, Attorney at Law
Last revised: January 23, 1997
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