Most people pay insurance premiums for years without ever filing a serious claim. Then, after a car wreck or other injury, they are surprised to find that getting paid can be a slow and frustrating process, sometimes even with their own insurance company. Understanding how insurers handle claims can help you protect yourself and avoid mistakes that reduce what you receive.
The Adjuster Works for the Insurance Company
An insurance adjuster may be friendly and helpful, but their job is to evaluate your claim in a way that protects the insurance company. That often means looking for reasons to pay less, such as questioning whether your injuries came from the accident, whether your treatment was necessary, or whether you share some of the blame.
Common Mistakes to Avoid
- Giving a recorded statement too soon. You are generally not required to give a recorded statement to the other driver’s insurance company. What you say early on, before you know the full extent of your injuries, can be used later to minimize your claim.
- Signing a broad medical authorization. Some authorizations allow an insurer to review your entire medical history, not just records related to the accident.
- Accepting the first offer. Early offers often come before the full cost of treatment and lost income is known. Once you sign a release, you generally cannot reopen the claim.
- Posting about the accident online. Photos and comments on social media can be taken out of context.
Know What Your Own Policy Covers
In Texas, auto insurers must offer personal injury protection (PIP) and uninsured/underinsured motorist coverage, and those coverages are included unless you rejected them in writing. PIP can help pay medical bills and lost wages regardless of who caused the accident, and uninsured/underinsured motorist coverage can help when the at-fault driver has little or no insurance. Many people have these coverages and don’t realize it.
Fault Matters in Texas
Texas follows a comparative fault rule. You can recover damages only if you are 50 percent or less responsible for the accident, and your recovery is reduced by your share of fault. Insurance companies sometimes try to shift more of the blame to the injured person, which directly lowers what they have to pay.
Deadlines Still Apply
Most personal injury claims in Texas must be filed within two years, and claims involving a government entity can require written notice much sooner. Talking with an insurance adjuster does not stop these deadlines from running.
How a Lawyer Can Help
A personal injury lawyer can handle communications with the insurance companies, gather the evidence needed to document your injuries and losses, identify every policy that may apply, and give you an honest opinion about whether an offer is fair. Learn more about our personal injury practice.
Dealing With an Insurance Company After an Injury?
Call (254) 220-4096 or send us a message to talk with Attorney Frank Cimino. Office: 704 North 3rd St., Temple, TX 76501. Hablamos español.
This article provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.