How To Handle a Car Insurance Claim in Texas

Navigating the car insurance claims process in Texas can be daunting, especially after an accident. Knowing how to handle a car insurance claim in Texas properly can make all the difference in receiving a fair settlement. 

Whether you’re dealing with Progressive, GEICO, or another provider, understanding the steps involved and your rights can help ensure a smoother process.

Step 1: Gather Essential Information at the Scene

Immediately after a car accident, it is crucial to collect key details to support your claim:

Exchange Information with the Other Driver: 

Get the other driver’s name, phone number, address, driver’s license number, license plate number, and insurance information (including the company name and policy number).

Document the Scene: 

Take photos of the accident scene from various angles, capturing the positions of the vehicles, damage to all vehicles involved, skid marks, traffic signs, and any relevant road conditions. If you have visible injuries, photograph those as well.

Identify Witnesses: 

If there were any witnesses, obtain their names and contact information. Their statements can be crucial in corroborating your account of the accident.

File a Police Report: 

Call the police to the scene and ensure a police report is filed. The police report will provide an official record of the accident, including details about the parties involved, witness statements, and the officer’s observations. Obtain a copy of the police report for your records.

Step 2: Notify Your Insurance Provider Promptly

After ensuring your safety and seeking medical attention if needed, contact your insurance provider to initiate the claims process. When you call, be prepared to provide:

• Your policy number
• Details about the accident
• Any supporting documentation, such as photos and witness statements

Whether you’re working with Progressive, GEICO, or another insurer, most companies have online portals or mobile apps that allow for quick reporting.

Step 3: Understand Your Coverage and Liability

Texas follows a fault-based system, meaning the at-fault driver’s insurance typically covers damages. 

However, the specifics of your coverage will determine how your claim is handled.

Liability Coverage: 

This is mandatory in Texas and pays for damages to the other party if you are found at fault for the accident.

Collision Coverage: 

This optional coverage pays for damages to your vehicle, regardless of fault.

Uninsured/Underinsured Motorist Coverage: 

This optional coverage protects you if the other driver lacks sufficient insurance or is uninsured.

Personal Injury Protection (PIP): 

This optional coverage pays for your medical expenses and lost wages, regardless of fault.

Step 4: Work with the Insurance Adjuster

After filing your claim, the insurance company will assign an adjuster to assess the damage and determine liability. The adjuster will:

• Review accident details and police reports
• Inspect vehicle damage and estimate repair costs
• Assess medical records for injury claims

It’s essential to be honest and provide all requested documentation, but avoid making statements that could be used to minimize your claim.

Step 5: How to Dispute a Car Insurance Claim Against You

After filing your claim, the insurance company will assign an adjuster to investigate the accident and determine liability. The adjuster will:

• Review the accident details and police report
• Inspect the vehicle damage and obtain repair estimates
• Interview witnesses
• Review medical records and bills (if applicable)

Be prepared to provide any requested documentation and answer the adjuster’s questions honestly and thoroughly. However, avoid admitting fault or making statements that could jeopardize your claim.

Step 6: How to Appeal a Car Insurance Claim Decision

If your claim is denied or the settlement offer is too low, you have the right to appeal. Steps to take include:

• Reviewing the denial letter to understand the reason
• Providing additional evidence to support your case
• Filing a complaint with the Texas Department of Insurance (TDI) if necessary

It’s always a good idea to consult with an attorney if you have questions or concerns about your insurance claim or the claims process. A Houston personal injury attorney can help protect your rights and ensure you receive fair compensation for your damages.

How Long Does a Car Insurance Claim Take to Settle?

The timeline for settling a car insurance claim can fluctuate significantly depending on the complexity of the accident, the severity of damages or injuries, and the efficiency of both the insurance company and the involved parties. 

While there are general guidelines and legal requirements that insurance companies must adhere to, these can be influenced by various factors.

General Timeline in Texas

In the state of Texas, there are specific timeframes that insurance companies are legally obligated to follow when handling car insurance claims:

Acknowledgment of Claim: 

Insurance companies must acknowledge receipt of a claim within 15 days of submission. This acknowledgment signifies that they have received the claim and are beginning the process of reviewing it.

Acceptance or Denial of Claim: 

After receiving all the necessary information about the claim, insurance companies have 15 business days to either accept or deny the claim. 

This decision is based on their investigation of the accident, the policy coverage, and the information provided by the claimant and other involved parties.

Issuance of Payment: 

If the claim is accepted and a settlement is reached, the insurance company is required to issue payment within 5 business days of the settlement date. 

This timeframe ensures that claimants receive their compensation promptly after the resolution of the claim.

Overall, the timeline for settling a car insurance claim can vary significantly depending on the specific circumstances of the accident and the efficiency of the claims process. 

If you need help on How To Handle a Car Insurance Claim in Texas, contact the experienced car accident lawyers at DeHoyos Accident Attorneys today for a free consultation.

What to Do If the Other Driver’s Insurance Won’t Pay

If the insurance company of the driver who caused the accident refuses to pay your claim, you have several options to pursue:

Filing a Claim Through Your Insurance: 

If you have collision coverage or uninsured/underinsured motorist coverage as part of your auto insurance policy, you can file a claim with your own insurance company. 

This allows you to receive compensation for your damages, and your insurance company will then pursue reimbursement from the at-fault driver’s insurance company.

Sending a Demand Letter: 

You can send a formal demand letter to the at-fault driver’s insurance company. This letter should clearly outline the accident, the damages you sustained, and the compensation you are seeking.

It can serve as a reminder of their obligation to pay and may prompt them to reconsider their decision.

Consulting a Texas Car Accident Attorney:

If your attempts to resolve the issue with the insurance company are unsuccessful, seeking legal advice from a qualified car accident attorney in Texas is highly recommended. Contact the experienced attorneys at DeHoyos Accident Attorneys today for a free consultation.

An attorney can evaluate your case, advise you on the best course of action, and represent you in negotiations or legal proceedings if necessary. They can help you understand your rights and fight for fair compensation.

Mediation or Arbitration: 

In some cases, mediation or arbitration may be an option to resolve the dispute without going to court. These processes involve a neutral third party who helps facilitate communication and negotiation between you and the insurance company.

Filing a Lawsuit:

 If all other options fail, you may need to file a lawsuit against the at-fault driver or their insurance company. This should be considered as a last resort, as it can be a time-consuming and expensive process. However, it may be necessary to obtain the compensation you deserve.

Contact the Car Accident Lawyers at DeHoyos Accident Attorneys for Help Today!

Handling a car insurance claim in Texas can be a complex and frustrating process, especially when dealing with reluctant insurance companies. It’s crucial to understand the steps involved and know your rights to ensure you receive the compensation you deserve.

At DeHoyos Accident Attorneys, we fight for the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the claims process effectively.

Promptly report the accident to your insurance company and cooperate fully with their investigation.

Remember, an essential part of how to handle a car insurance claim in Texas is that insurance companies are not always on your side. They may try to minimize your payout or deny your claim altogether. It’s crucial to consult with an experienced car accident attorney who can protect your rights and fight for fair compensation.

If you’re struggling with an uncooperative insurance company or facing a denied claim, don’t hesitate to seek legal assistance. A personal injury attorney can handle all communication with the insurance company, negotiate on your behalf, and even take your case to court if necessary.

5 faqs on How To Handle a Car Insurance Claim in Texas

1. What are the steps involved in filing a car insurance claim in Texas?

Contact your insurance company immediately: The sooner you report the accident, the better. Your insurance company will guide you through the claims process and provide you with the necessary forms and instructions.

Gather information: Collect all relevant information about the accident, including the date, time, location, and contact information of all parties involved, as well as any witnesses. Take photos of the scene and any damage to your vehicle.

Cooperate with your insurance company: Be prepared to answer questions about the accident and provide any requested documentation. Your insurance company may also want to inspect your vehicle.

Be patient: The claims process can take time. Be patient and follow up with your insurance company regularly to check on the status of your claim.

2. What if the other driver is uninsured or underinsured?

Uninsured motorist coverage: If you have uninsured motorist coverage, your own insurance company will cover your damages if the other driver is uninsured.

Underinsured motorist coverage: If you have underinsured motorist coverage, your own insurance company will cover the difference between the other driver’s insurance coverage and your damages if the other driver is underinsured.

3. What if the other driver’s insurance company denies my claim?

Review your policy: Review your insurance policy to understand your coverage and your rights.

Contact your insurance company: Contact your insurance company and explain why you believe your claim should not have been denied.

File a complaint: If you are unable to resolve the issue with your insurance company, you can file a complaint with the Texas Department of Insurance.

Consider hiring an attorney: If you are still unable to resolve the issue, you may want to consider hiring an attorney to represent you.

4. How long do I have to file a car insurance claim in Texas?

While there is no specific deadline to file a car insurance claim in Texas, according to the reference text, it is still recommended to do so as soon as possible. However, you must report accidents that caused injury or vehicle damage immediately. 

In general, you have 30 days to report a car accident to your insurance company, but this may depend on your specific policy.

5. What are some common mistakes to avoid when filing a car insurance claim in Texas?

Admitting fault: Do not admit fault for the accident, even if you think you may be partially responsible. Let your insurance company investigate the accident and determine the fault.

Giving a recorded statement: Be careful about giving a recorded statement to the other driver’s insurance company. You are not required to provide a recorded statement, and anything you say could be used against you.

Signing a release: Do not sign a release from the other driver’s insurance company without first consulting with an attorney. A release could prevent you from receiving the full compensation you deserve.

Remember, it is essential to consult with an attorney if you have any questions about your car insurance claim or if you are having difficulty resolving an issue with your insurance company.