Dealing With Insurance After A Rear-End Accident
If Someone Rear-Ends You In Houston, Whose Insurance Do You Call
The short answer is both. You call the at-fault driver’s insurance to open a third-party claim, and you also notify your own insurance to document the crash and protect your coverage. Which carrier ends up paying for what depends on the specifics, but failing to contact either one creates problems that cost you money later.
The longer answer is that the order matters, the wording matters, and what you don’t say matters even more than what you do. Insurance adjusters are professionals at minimizing payouts. You’re a person who just got hit by a car and is still figuring out where the dent ends and the injury begins. That’s not a fair conversation, and the carriers know it.
At Adley Law Firm, we deal with rear-end accident insurance claims every single day. We know how State Farm, GEICO, Allstate, Progressive, USAA, and Texas-based carriers like Texas Farm Bureau actually handle these files, and we know where the leverage is. If a driver hit you from behind anywhere in Houston, you can hand the whole insurance conversation to us and stop taking the calls. The consultation is free, and you don’t owe us anything unless we recover compensation for you.
Whose Insurance Pays In A Texas Rear-End Crash
Texas is an at-fault state, which means the driver who caused the crash pays. After a rear-end, that’s almost always the rear driver. Their liability insurance covers your medical bills, lost wages, vehicle damage, and pain and suffering up to the policy limits. Your own insurance does not pay for those things in a typical Texas rear-end, with one important exception we’ll get to in a moment.
Texas minimum liability is set by statute at $30,000 per person and $60,000 per accident for bodily injury, plus $25,000 for property damage. That’s the legal floor, not a fair number for serious injuries. If the at-fault driver carries only the state minimum and your medical bills exceed it, your options shift to your own coverage and whatever other policies might apply.
Coverages On Your Own Policy That Can Help
Your own policy can come into play in several ways even though the other driver caused the crash. The Texas Department of Insurance regulates each of these coverages, and most Texas auto policies include them unless you specifically declined them in writing.
Most Texas auto policies include PIP coverage, typically $2,500 to $10,000, that pays your medical bills and a portion of lost wages no matter who caused the crash. PIP is in your policy unless you specifically rejected it in writing, and using it does not reduce your other claim.
If the at-fault driver has no insurance or carries less than your damages require, your own UM/UIM coverage steps in. Texas has one of the highest uninsured rates in the country, so this matters. See our UM and UIM claims page for the full breakdown.
If you need your car repaired quickly and the at-fault carrier is dragging its feet, your own collision coverage will pay for repairs minus your deductible. Your carrier will then subrogate against the at-fault carrier to recover its money back and refund your deductible.
Some policies include MedPay as a supplement to PIP, often $1,000 to $5,000. Like PIP, it pays your medical bills regardless of fault and stacks on top of the other coverages without affecting your third-party claim.
The First Call From The Adjuster Is The Most Dangerous
Within 24 to 72 hours of a rear-end crash, the at-fault driver’s insurance company will call you. The adjuster will sound friendly, professional, and helpful. They will ask if you’re okay, express sympathy, and offer to “get this resolved quickly.” The conversation feels routine. It isn’t.
Every word you say on that call goes into the file. The adjuster will ask for a recorded statement. They’ll ask about your injuries, your medical history, your job, your daily activities. They may offer you a quick check, often a few thousand dollars, to wrap things up. Every part of that conversation is designed to minimize what the carrier eventually pays.
For example, a Houston driver may get rear-ended on the Southwest Freeway near the 610 interchange and answered her phone the next morning while still groggy from a Norco prescription. The adjuster may sound concerned, asked how she was feeling, and she said “I think I’m okay, just sore.” Eight months later, after disc injections and 30 sessions of physical therapy, the carrier could pull that recorded statement and used it to argue she had downplayed her injuries at the time.She still may get a fair settlement, but it would take fighting harder than it should have because of one ten-second answer on day two.
The single best thing you can do on that first call is decline the recorded statement and tell the adjuster you’ll be in touch through your attorney. You don’t have to be rude. You can simply say you’re not ready to make a statement yet and you’ll call back. Then call a lawyer.
Did The Adjuster Already Call You?
Don’t give a statement. Don’t accept an offer. Talk to us first. The call is free.
How To Handle The Insurance Process The Right Way
There’s a clear order of operations that protects your claim from day one. Following it costs nothing and prevents most of the problems we see in unrepresented cases.
1
Get Medical Care Before You Make Any Calls
A documented medical visit within 24 hours of the crash anchors your claim. Insurance companies use gaps in treatment to argue you weren’t really hurt, so getting seen by a doctor or urgent care is the most important first move.
2
Notify Your Own Insurance Company
Most policies require prompt notice of a crash under the cooperation clause. Call your carrier, report that you were rear-ended, and provide the basic facts without speculating about fault or injuries.
3
File A Third-Party Claim With The At-Fault Carrier
Open the claim by reporting the crash. You’re not giving a statement at this stage, you’re just creating a file. Get the claim number and the adjuster’s name, then stop talking until you have legal advice.
4
Decline The Recorded Statement
No Texas law requires you to give a recorded statement to the at-fault driver’s carrier. You can politely decline and refer them to your attorney. Anything you say goes into the file permanently.
5
Keep Records Of Everything
Medical bills, mileage to appointments, prescription costs, missed work, every receipt that ties back to the crash becomes part of your damages calculation. Organize them in a folder or shared drive from day one.
6
Talk To A Lawyer Before You Settle Anything
Free consultations cost nothing. A lawyer can tell you within one conversation whether the offer on the table is fair or low. Once you sign a release, the case is closed and the door is locked.
For an idea of what your case might be worth before you talk to anyone, see our average rear-end collision settlement page. For the steps you should take in the first 24 to 72 hours after the crash itself, see what to do if rear-ended in Houston.
Common Carrier Tactics We See Across Houston
A rear-end accident produces two distinct claims with the at-fault driver’s carrier. The property damage claim covers your vehicle repair or replacement and any rental car you need while your car is in the shop. The bodily injury claim covers your medical bills, lost wages, and pain and suffering. They move on different timelines, and signing one does not affect the other.
Different carriers behave differently, but most of them lean on the same handful of plays when handling a rear-end claim. Knowing the pattern in advance helps you stay one move ahead.
Carriers know most injuries take weeks to fully present. A $3,000 offer two weeks after the crash is designed to close the file before your symptoms get bigger.
Adjusters who were calling daily go silent the moment you mention surgery or an MRI. The strategy is to let the file age and pressure you into accepting less rather than wait longer.
Carriers send injured claimants to a carrier-paid doctor who routinely produces reports favoring the insurer. Texas law lets you push back on this with the right attorney.
A release sent with the property damage check sometimes contains language closing the bodily injury claim too. Read every line, every time. When in doubt, send it to an attorney before signing.
Carriers assign small percentages of fault to the front driver to reduce the final number. Our determining fault page walks through when those arguments stick and when they don’t.
Client Testimonials
Clients Who Trusted Us To Handle The Insurance Calls
Adley Law did exactly what I needed. They keep me informed and I’m happy they represented me and my wife. The process is long so be patient.
We used Adley Law Firm for our car accident and they were the best. They always kept us updated on our case and checked in on us to make sure we were ok. Definitely recommend them.
I want to thank Adley Law Firm for helping me with my accident. They helped me with everything and answered all my questions and concerns. They were all nice and made my case easy.
Adley Law Firm was really helpful with my car accident. Thank you to Juan and Jacquelyn for the help during the process.
Thankful for the help. Attorney did great and Yankel kept me in the loop.
The attorney did a great job. Yankel did a great job keeping me updated.
Insurance FAQs After A Rear-End Crash
Should I Give A Recorded Statement To The At-Fault Driver’s Insurance
No, not without legal advice. The at-fault driver’s carrier has no claim on a statement from you, and recorded statements are routinely edited and used to argue you contributed to the crash or that your injuries were minor. You can decline politely. Your own insurer may require a statement under your policy’s cooperation clause, but the other driver’s carrier cannot compel one.
Can The Adjuster Look At My Social Media
Yes, and they routinely do. Once a claim is open, insurance investigators check public posts for any content that contradicts your injury claims, gym photos, vacation pictures, anything showing activity inconsistent with what your medical records say. Lock down your privacy settings, but better still, don’t post about the crash or your physical activities until your case resolves.
What If They Offer Me Money Before I See A Doctor
Decline. Early offers are designed to close the claim before the full medical picture develops. Soft tissue injuries, concussions, and disc injuries often take days or weeks to fully present, and signing a release means waiving the right to additional compensation if your symptoms worsen. We’ve seen first offers come in at 20% of the final settlement amount.
My Own Insurance Is Pushing Me To Settle The PIP Claim Fast, Should I
PIP is your own coverage and shouldn’t be confused with the bodily injury claim against the at-fault driver. Settling PIP doesn’t close the third-party claim, but it does limit what you can recover from your own carrier for medical bills going forward. Use PIP for what it’s designed for, paying medical bills as they come in, and don’t sign a broad release without legal review.
Do I Need To File Property Damage And Injury Claims Separately
They’re the same claim file, but they’re handled by different adjusters within the at-fault carrier. The property damage adjuster handles your car repair or replacement. The bodily injury adjuster handles your medical bills and pain and suffering. You can settle property damage quickly without affecting the injury claim. Make sure any release you sign covers only property damage.
What If The Insurance Company Just Denies My Claim
Denials happen, especially when the carrier disputes injury severity or argues comparative fault. A denial isn’t the end of the road, it’s an invitation to escalate. We file suit when carriers refuse to deal fairly, and Harris County juries take rear-end crash injuries seriously. Most denied claims get resolved once an attorney is involved.
Let Us Take The Insurance Calls Off Your Plate
You don’t have to navigate adjusters, recorded statements, and lowball offers on your own. Hand the whole insurance side to us and focus on getting better. Free consultation, no fees unless we recover for you.