Dealing With Insurance After A Car Accident in Texas

Don’t Let Insurance Companies Take Advantage – The Adley Law Firm Will Fight for You

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Being involved in a car accident is stressful and overwhelming. Beyond the immediate shock and injuries, you’ll soon find yourself facing the complex task of dealing with insurance companies. If you’ve been injured in a crash in Houston or elsewhere in Texas, you may be unsure about the next steps: How do you file an insurance claim? What should you say (or not say) to the adjusters? How can you make sure you’re treated fairly and get the compensation you need to recover? This guide will walk you through exactly what to do after an auto accident, what to expect from the insurance claims process, common tactics insurance companies use, and how to protect your rights every step of the way.

At Adley Law Firm, we understand the challenges Houston accident victims face when dealing with insurance. We’ve helped countless Texans navigate their car insurance claims and fight for maximum compensation. In this article, we share in-depth, practical advice on handling insurance matters after a car wreck – from the moments right after the crash to the resolution of your claim. We’ll also explain when you might need to rely on your own policy (such as uninsured motorist coverage) and when it’s wise to seek help from an experienced Houston car accident lawyer. Our goal is to empower you with knowledge so you can avoid common pitfalls and make informed decisions. If at any point you feel overwhelmed or unsure, remember that you can always contact Adley Law Firm for a free consultation to discuss your case and insurance questions.

• Steps to Take After a Car Accident
• What to Expect from the Insurance Company
• Common Insurance Adjuster Tactics
• Protecting Your Rights & Maximizing Compensation
• When to File a Claim on Your Own Policy
• When to Speak with a Car Accident Lawyer
• FAQ: Texas Car Insurance Claims

Steps to Take After a Car Accident

What you do in the moments and days after a car accident can significantly impact your health, your legal rights, and any insurance claim you file. Here are the important steps to take immediately following a crash:

1. Ensure Safety and Call 911: First and foremost, check yourself and others for injuries. If anyone is hurt, call for medical help right away. Even if injuries seem minor, it’s wise to have police and EMS come to the scene. In Texas, you are required by law to report an accident to the police if someone is injured, killed, or if there is significant property damage (typically over $1,000). In a busy city like Houston, calling 911 will bring law enforcement (such as the Houston Police Department or local sheriff) to document the accident. Stay at the scene until officers arrive and tell you it’s okay to leave.
2. Move to a Safe Area (If Possible): If your vehicle is drivable and it’s safe to do so, move your car out of the flow of traffic. For example, pull over to the shoulder or a nearby parking lot. This helps prevent secondary accidents on Houston’s highways and streets. Turn on your hazard lights to alert other drivers. If the car cannot be moved, stay inside with your seatbelt on until help arrives, unless there is an immediate danger that requires you to get out.
3. Exchange Information: Trade information with the other driver(s) involved. Get their name, phone number, address, driver’s license number, license plate, and especially their insurance details (company and policy number). It’s often easiest to snap a photo of their insurance card and driver’s license with your phone. Also, gather contact information from any witnesses who saw what happened. Witness statements could be very valuable later for your insurance claim or any legal action.
4. Document the Scene: Use your smartphone to take pictures and even video of the accident scene. Capture wide shots and close-ups of the vehicle damage, skid marks on the road, debris, traffic signals or signs, and any visible injuries you or your passengers sustained. If there are relevant road conditions (e.g., potholes, obscured traffic signs) or weather conditions, document those as well. These photos and details can serve as crucial evidence when you’re dealing with insurance adjusters. Also, note the time, date, and exact location of the crash. If there are surveillance cameras nearby (traffic cameras or security cameras on businesses), make a note – your attorney may later help obtain that footage.
5. Do Not Admit Fault: It’s natural to feel rattled and even apologetic after an accident, but be very careful about what you say. Avoid saying “I’m sorry” or admitting blame to the other driver, passengers, or the police. Even casual remarks can be misinterpreted as admitting fault. In Texas, fault for an accident is determined by evidence and sometimes by comparative negligence rules, not by apologies at the scene. Stick to the facts when describing what happened to the police. Let the investigators and insurance companies determine liability based on evidence. Protecting yourself starts with not volunteering any statements that could be used against you later.
6. Seek Medical Attention Promptly: If you aren’t taken directly to a hospital from the scene, make it a priority to see a doctor as soon as you can, preferably the same day. In many car accidents, injuries like whiplash, concussions, or internal injuries may not show symptoms immediately. Adrenaline can mask pain. Getting a full medical evaluation ensures that injuries are diagnosed and treated early. It also creates an official record linking your injuries to the accident, which will be important when you file an insurance claim. Follow the doctor’s orders for treatment and keep records of all medical visits, prescriptions, and recommended therapies. Not only is this crucial for your health, but insurance companies will look at the timing of your treatment – gaps or delays might be used to argue your injuries weren’t serious or not caused by the crash.
7. Notify Your Insurance Company: Nearly all auto insurance policies require policyholders to report any accidents promptly. Once the immediate chaos has settled (often within 24 hours of the accident, if possible), report the collision to your own insurance carrier, even if you believe the other driver was completely at fault. Provide them the basic facts: when and where it happened, who was involved, and the general nature of the damage and injuries. Do not give a detailed recorded statement to any insurance adjuster (especially the other driver’s insurer) at this stage – you are simply putting your insurer on notice of the accident. When talking to your insurance, stick to the facts and avoid speculating about fault. Let them know police are investigating (if applicable) and that you will provide more information later. Prompt notification protects your rights under your policy and ensures you can take advantage of coverages like personal injury protection (PIP) or collision coverage if needed.
8. Consult a Car Accident Lawyer (If Needed): If anyone was injured or there is significant damage, it’s wise to consider speaking with an experienced car accident attorney in Houston sooner rather than later. While you do not *have* to have a lawyer to file an insurance claim, a free consultation with a firm like Adley Law Firm can help you understand your rights and avoid costly mistakes when dealing with insurance adjusters. An attorney can advise you before you give any statements or sign any insurance documents. They can also start investigating the crash on your behalf (gathering evidence, speaking to witnesses, obtaining the police report) and handle communications with the insurance companies. This can be especially helpful if the other driver’s insurer is already calling you or if fault is being disputed. Remember, initial consultations are usually free, and you are not obligated to hire the lawyer – but getting professional guidance early can make a big difference in the outcome of your insurance claim.

By following these steps after a wreck, you’ll be on solid footing as you move forward with the insurance process. The key is to prioritize safety and documentation in the immediate aftermath. Once these initial steps are taken, you can shift focus to dealing with the insurance companies and recovering compensation for your losses.

What to Expect from the Insurance Company

After a car accident in Texas, especially one causing injuries or significant property damage, you will likely be dealing with two insurance companies: the other driver’s insurer and your own. Texas is an “at-fault” state (also known as a tort state), which means the insurance of the driver who caused the accident is generally responsible for covering the damages. In practice, this usually means you will file a claim with the at-fault driver’s liability insurance for your medical bills, vehicle repairs, lost wages, and other losses. However, you should also inform your own insurer of the accident (as noted above) and be aware of what your own policy covers. Here’s an overview of how the insurance claim process typically unfolds and what you can expect:

• Claim Assignment and Investigation: Once a claim is reported, the insurance company (whether it’s yours or the other driver’s) will assign an insurance adjuster to handle the case. The adjuster’s job is to investigate the accident and manage the claim on behalf of the insurance company. They will likely reach out to you for information. The at-fault driver’s insurer will want to determine liability (who was at fault for the crash) and the extent of the damages. Expect them to review the police report, speak to their insured (the other driver), contact any witnesses, and possibly ask you for a statement of what happened. They may also inspect the vehicles or ask for photos of the damage. This investigation phase is crucial: the insurance company is gathering evidence to decide if they must pay, and if so, how much.
• Your Statement to the Adjuster: At some point fairly soon after the accident, you will likely get a call from the at-fault driver’s insurance adjuster. They will sound friendly and concerned about your well-being. They might ask you to give a recorded statement about the accident or to sign a medical release form. Use caution here. You are not required by law to give the other driver’s insurance a recorded statement or unlimited access to your medical records at this early stage. In fact, it’s often against your interest to do so without advice. The adjuster’s questions can be tricky – they may try to get you to admit some fault (“What were you doing right before the crash? Could you have braked sooner?”) or downplay your injuries (“You’re feeling okay, right?”). It’s usually best to politely decline to give a recorded statement immediately. You can tell them the basics (the accident happened, you suffered injuries and are seeking treatment), but let them know you will provide a full statement once things are more settled or after you’ve spoken with your attorney. When dealing with your own insurance company, you do have a duty to cooperate, but you can still be careful and stick to the facts. If you have a lawyer, they can handle these communications for you, or guide you on how to answer without harming your claim.
• Assessment of Vehicle Damage: For property damage to your car, the insurance company will arrange an assessment. If you’re going through the at-fault party’s insurer, they might send an appraiser or direct you to a approved body shop to get an estimate for repairs. If you go through your own collision coverage, your insurer will do the same. You can also get independent repair estimates on your own. After evaluation, the insurer will determine if the car is repairable or a total loss. A car is typically declared a total loss if the cost to fix it is close to or exceeds the car’s actual cash value (ACV) (essentially the market value of the vehicle considering depreciation). If your car is a total loss, the insurance will offer a payout equal to the ACV of the vehicle (minus any deductible if you’re using your own policy). In Texas, you have the right to negotiate this value if you believe it’s too low. Provide evidence such as recent sale prices of similar cars in your area, or an independent appraisal, to support a higher value. If you still owe money on a car loan and the ACV payout is less than your loan balance, you would be responsible for the difference – unless you have gap insurance, which is an optional coverage that covers the loan payoff gap for total losses.
• Repairs or Replacement & Rental Cars: If your car is repairable, the insurance company will typically pay for the repairs (either directly to the body shop or reimbursing you) for the amount of the estimate (minus your deductible if it’s your insurance). You generally have the right to choose the repair shop, although insurance might suggest “preferred” shops. If the other driver’s insurer is paying and accepts liability, they should also cover a rental car for you while yours is in the shop, for a reasonable period. If they’re dragging their feet or liability is in question, and you have rental reimbursement coverage on your own policy, you can use that to get a rental car now and your insurer will seek reimbursement later. Rental coverage usually has a per-day dollar limit (for example, $30-$50 per day) and possibly a max number of days. Be sure to coordinate with the adjuster about how to get a rental authorized. If your car is totaled, the rental car is typically covered until a few days after you receive the total loss payout (to give you time to find a replacement vehicle).
• Medical Treatment and Bills: If you were injured, focus on getting the treatment you need. In the weeks after the accident, you might be seeing doctors, chiropractors, physical therapists, etc. Keep all documentation and receipts. The at-fault driver’s insurance will not pay your medical bills as they come in (unlike health insurance). They typically consider reimbursement for medical expenses *one time* as part of a lump-sum settlement when your treatment is complete. This means in the meantime, you need to handle medical bills. If you have Personal Injury Protection (PIP) coverage or MedPay on your own auto policy, you can file a claim with your insurer to get those medical bills (and in the case of PIP, some lost wages or other expenses) paid up to the coverage limit. PIP is no-fault coverage in Texas – it pays out regardless of who caused the accident. Texas insurers are required to offer at least \$2,500 in PIP coverage on every auto policy (you may have more if you opted for it). If you didn’t reject PIP in writing, you should have it. Take advantage of that if needed; it can provide quick relief for out-of-pocket costs while you wait for the liability claim to resolve. Just be aware that if your insurer pays PIP, they might seek reimbursement from the at-fault party’s insurer later (this is a form of subrogation, which we’ll explain shortly). If you use health insurance for your injuries, that’s fine too – but your health insurer may place a lien on any settlement to recover what they paid.
• The Settlement Offer: After the investigation, if the other driver’s insurance accepts that their insured was at fault (fully or partially), they will eventually make a settlement offer for your claim. This could include payments for your medical bills, lost wages, pain and suffering, and property damage. Be prepared: the first offer is often lower than what your claim is actually worth. Insurance companies often calculate their offers using algorithms or past case data that favor them, and they expect some negotiation. It’s important not to jump on the first offer, especially if you are still undergoing medical treatment or don’t yet know the full extent of your injuries and expenses. Once you accept a settlement and sign a release, you typically cannot go back and ask for more. This is why it’s crucial to evaluate any offer critically (often with the help of a lawyer) before accepting. We’ll discuss how to handle these tactics and negotiations in the next sections.
• Timelines and Patience: The insurance claim process can take some time. For straightforward fender-benders with only property damage, it might resolve in a few weeks. But for accidents involving injuries, especially serious ones, the process can stretch over several months or even longer than a year. Texas law requires insurance companies to handle claims in a timely manner (for instance, insurers must acknowledge your claim and start investigating within 15 days of notice, and they usually must accept or deny a claim within 15 days after all evidence is received – they can extend this timeline by 45 days if they have a valid reason). Despite these legal guidelines, delays happen. Adjusters might wait to see if you submit additional medical bills, or they may be handling many cases at once. It’s okay to check in periodically (in writing or email, for a record) about the status of your claim. If an insurance company is unreasonably delaying or not communicating, it could be a sign of bad faith – something an attorney can help address. In general, be patient but stay informed. Keep notes of all calls and correspondence with the insurance company (dates, times, who you spoke to, and what was said). This documentation can be invaluable if disputes arise.

Every car accident claim is unique, but knowing the typical process in Texas will help you navigate it with more confidence. Expect the insurance company to be thorough in its investigation – and remember that its goal is to minimize how much money is paid out. In the next section, we’ll look at some common tactics insurance adjusters use during this process, so you know what to watch out for.

Common Insurance Adjuster Tactics (and How to Counter Them)

Insurance adjusters may be friendly and helpful on the surface, but remember: they work for the insurance company, not for you. Their job is to protect the company’s bottom line by paying out as little as possible on each claim. To do this, adjusters (and the insurance companies behind them) often employ certain tactics to reduce or deny claims. Being aware of these strategies will help you avoid pitfalls and protect your rights. Here are some common insurance adjuster tactics seen in Texas car accident claims, and tips on how to handle them:

• Quick, Lowball Settlement Offers: It’s not unusual for an insurance company to respond very quickly after an accident with a settlement offer, especially if they think you haven’t yet consulted a lawyer. They know you might be facing mounting medical bills or time off work, and they aim to catch you at your most vulnerable. The offer might seem like a lot at first glance, but it often covers only a fraction of your actual damages (and rarely accounts fully for pain and suffering or future expenses). Why do they do this? They want to close the claim fast and cheap, before you understand the true value of your case. How to handle it: Be cautious and skeptical of any first offer made shortly after the accident. It’s usually wise not to accept any payment or sign any release until you have completed treatment and know the full extent of your losses. You can always say, “I’m still evaluating the situation and will get back to you.” If you’re unsure about an offer, talk to an attorney who can give you a sense of whether it’s fair.
• Friendly Chats to Get You to Say the Wrong Thing: Adjusters are trained in communication skills and might engage you in what feels like a casual, friendly conversation about the accident. They may sound empathetic and just “want to hear your side of the story.” During these talks, they are actually listening for any statements that they can use against you later. For example, if you downplay your injuries (“I’m feeling okay, just a bit sore”) or inadvertently admit something (“I didn’t see the other car coming until the last second”), those statements can and will be noted in the claim file. They might also call you repeatedly to chat, which can wear you down. How to handle it: Keep conversations with adjusters professional and brief. You can politely decline to discuss details until you’re ready. If you do talk, stick strictly to the facts – don’t speculate, don’t admit fault, and don’t minimize your pain. It’s perfectly acceptable to say, “I’m not comfortable discussing that right now,” or “I’ll provide that information after I have all the details.” Remember, you can request that future communications be done in writing or through your attorney if you have one.
• Requesting a Recorded Statement (Tricky Questions): As mentioned earlier, one common tactic is asking for a recorded statement. The adjuster might say something like, “We just need to get your statement on record to move forward,” implying it’s a routine step. But a recorded statement can be a minefield of tricky questions. They might ask things in a confusing way or press you on details you’re unsure about. The goal is to lock in your version of events (possibly before you even know all the facts or have calmed down) and find inconsistencies or admissions that could hurt your case. How to handle it: Know that you are not obligated to give the other driver’s insurance a recorded statement. You can simply decline or postpone until you’ve consulted a lawyer. If it’s your own insurer asking, you may have to give a statement as part of your policy cooperation, but you can still request not to be recorded or at least prepare first. If you ever do give a statement, prepare by reviewing the facts (get a copy of the police report if available). Keep your answers short and truthful, and don’t guess if you don’t know something – it’s okay to say “I’m not sure” or “I don’t recall exactly.”
• Delaying the Claim or Communication: Sometimes everything goes silent – phone calls not returned, or the adjuster says “I’m still waiting on XYZ” for weeks. Insurance companies may drag out the process hoping you’ll get desperate or frustrated and either drop the claim or accept a low offer just to get it over with. They know that medical bills might be piling up or that you might need a car, so delay can be a tactic to put pressure on you. How to handle it: Keep records of all your communications. Politely follow up in writing (emails are great for a paper trail) asking for an update. If an insurance company is unreasonably unresponsive, you can escalate the issue: ask to speak to a supervisor. Mention that you are aware Texas law requires timely claims handling. If delays persist, this is a point where consulting an attorney can be very helpful – sometimes, the involvement of a lawyer alone prompts faster action. In extreme cases, an insurer intentionally stalling could be acting in “bad faith,” which opens them up to additional penalties – a lawyer can advise on this.
• Disputing or Downplaying Injuries: Another tactic is to claim that your injuries aren’t as serious as you say or that they were pre-existing (not caused by the accident). An adjuster might point to a gap in treatment (“You didn’t go to the ER right after, so you must not have been hurt”) or a prior medical issue (“Our records show you had back pain last year, so this back injury isn’t from the accident”). They might also question treatments as unnecessary or excessive. How to handle it: This underscores why it’s important to have thorough medical documentation. Always follow your doctor’s advice and keep records of everything. If an adjuster raises such issues, you can provide medical reports from your doctors linking the injuries to the crash. Don’t let them bully you into thinking you’re asking for too much if your doctor has recommended certain treatments. If they continue to dispute valid medical claims, an attorney can gather opinions from medical experts to back you up and push back against unfair denials.
• Social Media Monitoring: It’s increasingly common for insurance companies to check claimants’ social media accounts. They look for anything that can contradict your injury claims. For instance, if you claim a serious back injury but you post a picture of yourself dancing or lifting your child, they will argue you aren’t really hurt (even if the photo was taken on a good day or before the pain set in). Tip: After an accident, it’s best to avoid posting about the accident or your injuries on social media at all. And be mindful of any posts – even a simple picture of you smiling at a friend’s gathering could be misinterpreted. Check your privacy settings, but assume anything you post could potentially be seen by the insurance company. The safest route is to lay low online until your claim is resolved.
• Discouraging You from Getting a Lawyer: Adjusters often imply that hiring a lawyer will just complicate things or that a lawyer will take a big cut of your money. They might say “You can trust us to take care of you” or “If you get a lawyer, it will slow down the process and you’ll end up with less.” Remember, this advice serves *their* interests, not yours. Studies have shown that, especially in injury cases, having a lawyer often results in a higher net recovery even after legal fees, because lawyers know how to counter these insurance tactics and properly value your claim. How to handle it: If you feel you might need legal help, don’t be dissuaded by the insurance company’s rhetoric. You have the right to consult an attorney at any time. The insurance company has professionals (and likely lawyers) working for them – you are entitled to your own advocate. Even the act of telling the adjuster “I’m going to have my attorney review this and get back to you” can level the playing field significantly.

By recognizing these common tactics, you can respond in a way that protects your claim. The overarching principle is this: be cautious, be informed, and don’t rush into any agreements or statements without understanding the consequences. Next, we’ll go over steps you can take to actively protect your rights and build a strong case, ensuring you get the maximum compensation you deserve.

Protecting Your Rights & Maximizing Your Compensation

After an accident, the insurance companies (whether it’s yours or the other driver’s) have teams and processes aimed at protecting their interests. It’s up to you to protect your rights and make sure you get full compensation for your injuries and losses. Here are some crucial tips to help you preserve your claim and strengthen your negotiating position:

• Stick to the Facts in All Communications: When talking or corresponding with insurance adjusters, always be truthful but also strategic. Provide facts – the who, what, when, and where of the accident – but do not speculate about things like fault or say anything that downplays your injuries. If you’re unsure about a question, it’s okay to say you don’t have that information right now. It’s often best to communicate in writing (email or letter) so you have a clear record of what was said. You can politely request that the adjuster email you instead of calling, which gives you time to consider your responses. Keeping a cool head and a written trail will prevent misunderstandings and protect you if the story “evolves” later on.
• Document Everything: Good documentation is your best friend in an insurance claim. Maintain a dedicated file (physical or electronic) for all accident-related documents. This includes the police report, medical records and bills, pharmacy receipts, repair estimates, tow truck or car rental receipts, and any correspondence from the insurance companies. Also, keep a journal of how your injuries affect you day-to-day. Note pain levels, missed work or activities, and any emotional distress you experience. These notes can be powerful evidence when claiming pain and suffering or other non-economic damages. The more evidence you have to support every element of your claim, the harder it is for an insurer to minimize your losses.
• Don’t Sign Anything Without Understanding It: Insurance companies may send you various documents during the claims process. Be very cautious with anything that asks for your signature. For example, you might receive a medical records release form that is broad and unrestricted – signing it could give the insurer access to your entire medical history, which they might use to argue pre-existing conditions. It’s okay to sign necessary forms for your own insurer or for limited records related to the injury, but read everything carefully. Critically, never sign a settlement agreement or liability release from the at-fault driver’s insurance until you are absolutely sure you’re okay with the compensation and terms. Once you sign a release, you forfeit the right to ask for more money later, even if you discover additional injuries or costs.
• Continue Medical Treatment and Follow Doctors’ Orders: One common mistake is discontinuing treatment too early. Not only could this jeopardize your health, it can also harm your claim. If you stop going to physical therapy or skip doctor appointments, an insurance adjuster might argue that you must have recovered, or that you’re not doing all you can to get better. Attend all medical appointments and follow through with any referrals (to specialists, for example). If you have concerns about treatment (cost, discomfort, etc.), discuss them with your doctor rather than unilaterally deciding to stop. And if you do have to stop treatment, say due to lack of funds, inform the adjuster (or have your attorney do so) – sometimes there are ways to get treatment on a medical lien or have PIP cover it. Keeping up with treatment not only helps you heal but also shows that you are taking your injury seriously, which supports your claim.
• Calculate All Your Damages Before Settling: “Damages” means all the losses you suffered from the accident. Some, like car repair bills or medical bills, are easy to put a dollar figure on. Others, like pain and suffering or the impact on your daily life, are not as obvious. Before you consider any settlement, make sure you have accounted for everything: current and future medical expenses, rehab and therapy costs, lost wages so far and any future lost earning capacity (if your injuries affect your ability to work), property losses (vehicle and anything in the car that was damaged), and intangible losses like pain, suffering, emotional distress, and loss of enjoyment of life. In Texas, you are entitled to claim all these as long as you have evidence and a reasonable basis for the amount. It can be very helpful to have a lawyer or use resources to estimate a fair range for pain and suffering based on the severity of your injuries. The bottom line is, don’t rush and accept an offer until you’re confident it covers all your damages. You generally have one chance at a settlement, so it needs to be sufficient.
• Use Your Own Insurance Coverages Wisely: We mentioned this earlier, but it’s worth emphasizing: if you have benefits available under your own policy, use them. That’s what they’re there for. For example, if you have Personal Injury Protection (PIP), you can use it to pay medical bills or even some lost wages now, which can relieve financial pressure. If you have collision coverage and the other insurer is dragging their feet on accepting liability, it might make sense to have your own insurer fix your car and then deal with getting reimbursed (subrogation) later. Yes, you might have to pay your deductible, but if you weren’t at fault, you could get that back once the insurance companies sort it out. Using your coverage should not count against you if you were not at fault (and Texas law protects consumers from rate hikes in certain not-at-fault scenarios), especially if the costs are recovered from the other side. Always ask your adjuster or agent how a claim might affect your policy or premiums so you can make an informed decision. But never hesitate to claim benefits you’ve been paying for if you need them.
• Keep Conversations Civil and Recorded: It’s understandable to feel angry or frustrated, especially if the insurance adjuster is being difficult or you feel lowballed. But always keep your cool in communications. Losing your temper or making threats can only hurt your case (for instance, they might note you as a “hostile claimant”). Instead, be firm and persistent but polite. And as noted, try to conduct important communications in writing. When you do have phone calls, jot down notes right after about what was said. If there are any miscommunications later, your notes will help jog your memory or serve as evidence of what was discussed.
• Know When to Escalate the Matter: If you’ve tried to handle the claim on your own but feel like you’re hitting a wall – maybe the adjuster keeps denying liability, or the settlement offers are insultingly low, or they outright denied your claim – you have options. You can ask for a higher-level claims examiner or manager to review the claim. You also have the right to file a complaint with the Texas Department of Insurance (TDI) if you believe the insurer is not handling your claim fairly or is violating insurance regulations. TDI will investigate consumer complaints, which can put pressure on the insurance company to act properly (though it might not directly result in a higher settlement, it opens a regulatory oversight file on your issue). And of course, you can hire a personal injury lawyer at any point to take over negotiations and, if needed, file a lawsuit on your behalf. Insurance companies have plenty of lawyers working behind the scenes – don’t feel bad about leveling the playing field by getting your own legal advocate. We’ll discuss more on when to involve a lawyer in the next section.

By taking these actions, you help ensure that your claim remains strong and that your rights are protected. The period after a car accident can be physically and emotionally challenging, but being proactive and informed can significantly influence the outcome of your insurance claim. Remember, the insurance company’s goal is to pay you as little as possible, but your goal (and ours, if we represent you) is to make sure you receive every dollar of compensation that you are entitled to under the law.

When to File a Claim on Your Own Insurance Policy

In many accidents, especially if another driver was clearly at fault, your primary claim will be against the other driver’s insurance (this is called a third-party claim). However, there are scenarios where you will need to turn to your own insurance policy for coverage. Using your own policy is called a first-party claim. It doesn’t always mean your rates will go up or that you’re at fault – that’s a common misconception. In Texas, we carry insurance not just to protect others, but also to protect ourselves. Here are situations when filing a claim with your own insurer makes sense:

• The Other Driver Has No Insurance (Uninsured Motorist Claim): Unfortunately, not everyone on the road in Houston is insured, even though Texas law requires it. If you are hit by a driver who has no insurance at all, or you’re the victim of a hit-and-run accident where the at-fault driver flees and can’t be found, your recourse may be through your own Uninsured Motorist (UM) coverage. UM coverage is an optional add-on to your auto policy (though insurance companies must offer it in Texas, you can reject it in writing). If you have UM coverage, it will step into the shoes of the at-fault driver’s liability insurance and pay for your damages (up to the limits you purchased). This can include medical bills, lost wages, pain and suffering, and property damage (note: property damage under UM usually requires you to pay a deductible, often \$250, which might be refunded if the hit-and-run driver is later identified). Filing a UM claim essentially means your own insurer will compensate you because the other driver didn’t fulfill their responsibility. After paying, your insurer might try to locate the at-fault driver to recover the money (but that’s their issue, not yours). If you don’t have UM coverage and the other driver is uninsured or unknown, you may unfortunately be stuck covering your losses out of pocket, unless you pursue a personal lawsuit against the driver (which is often impractical if they have no funds or can’t be found).
• The Other Driver’s Insurance Isn’t Enough (Underinsured Motorist Claim): Texas minimum liability limits (30/60/25) are relatively low. If you’re in a serious accident, your damages could easily exceed the other driver’s policy. For example, if you have \$50,000 in medical bills but the other driver only has the minimum \$30,000 per person bodily injury coverage, there’s a shortfall. Similarly, if your new truck worth \$40,000 is totaled by someone with only \$25,000 property damage coverage, there’s a gap. In these cases, if you carry underinsured Motorist (UIM) coverage on your policy, it can cover the difference up to your UIM limits. Essentially, the other driver’s insurance pays first up to their limit, then your UIM coverage can kick in to cover your remaining losses (again, up to your limit). To use the earlier example, if you have \$50k in bills and they had \$30k, and you had UIM with a \$50k limit, the other insurer pays \$30k and your UIM could pay the remaining \$20k (in practice you’d negotiate the total with your insurer, but that’s the idea). Filing a UIM claim often involves demonstrating to your insurer the full extent of your damages and that the other’s insurance has been exhausted. Sometimes it can feel like you’re fighting an uphill battle even with your own company (after all, now it’s *your* insurer being asked to pay money), but at least you’re dealing with your home turf policy. Note: Like UM, UIM is optional but must be offered when you buy insurance in Texas (usually UM and UIM are packaged together). If you didn’t reject it, you likely have it.
• You Need Your Car Fixed Sooner (Collision Coverage Claim): If your car is damaged and the other driver’s insurer is dragging out the process of accepting liability (or if there’s a dispute about fault), you might not want to wait weeks for them to decide to pay for your repairs. If you have Collision Coverage on your policy, you have the option to use it to get your own car repaired quickly, regardless of who was at fault. Collision coverage (which is usually required by lenders if you have a car loan) will pay to repair or replace your vehicle minus your deductible. For example, if repairs are \$5,000 and your deductible is \$500, your insurance will pay \$4,500 and you pay the \$500. The benefit is you’re back on the road faster. Then, your insurance company will likely pursue the at-fault driver’s insurer to recover that \$4,500 (this is again subrogation). If they succeed in getting reimbursed, they will typically refund your deductible as well. Using collision coverage in a not-at-fault scenario generally should not raise your rates (because the accident was not your fault and they recovered the money), but you can double-check your insurer’s policy on this. The downside is you have to front the deductible and deal with your own insurer’s claims process, which, while often smoother, is still a process. It’s a personal decision – if you can wait and the other side is cooperative, you might let their insurance handle it. But if you’re in a bind and need the car fixed ASAP, collision coverage is there for you.
• Personal Injury Protection (PIP) or MedPay Claims: As discussed earlier, PIP can be a lifesaver for immediate expenses. Filing a PIP claim with your insurer is straightforward: you submit a claim form and evidence of your medical bills or lost wages from the accident, and they will cut you a check up to your coverage limit. PIP in Texas usually comes in \$2,500 increments (some people have \$5k, \$10k or more depending on what was chosen). There is no deductible for PIP, and using it will not increase your premiums (it’s a no-fault coverage and you paid premium for it). MedPay is less common in Texas but some have it – it covers medical bills (typically no lost wages) similarly, but often in smaller amounts. If you use PIP or MedPay and then later recover those same medical costs from the at-fault driver’s insurer, your insurer may ask for reimbursement of the PIP/MedPay paid (again, subrogation). Essentially, you can’t be paid twice for the same medical expense – one way or another, the at-fault party ends up paying, which is fair. But regardless, don’t hesitate to use PIP/MedPay; worrying about subrogation later is something your insurer or attorney can handle.
• Your Own Liability Coverage (When You’re At Fault or Partially At Fault): If the accident was fully or partially your fault, then obviously you will be dealing with your own insurance to cover the other person’s damages under your liability coverage. Texas follows a proportionate responsibility rule, meaning if you are 51% or more at fault, you cannot recover from the other driver’s insurance at all (and your insurer will pay the other side). If you are less than 51% at fault, you can still seek partial recovery from the other driver’s insurer, but your compensation would be reduced by your percentage of fault. In any case, report the accident to your insurer so they can defend you if needed. If you’re worried about your premiums, note that at-fault accidents typically will lead to a rate increase upon renewal – how much depends on your insurer, your driving history, and the claim payout. If you were only minimally at fault, sometimes it doesn’t raise rates significantly, but every insurer is different. The main thing here is, if you think you might be considered at fault (even partly), it’s wise to consult a lawyer. Never assume that because you got a ticket or think it was your mistake that you have no rights – fault in civil terms can be shared, and Texas law allows you to recover if you were not mostly to blame. An attorney can help minimize your liability and still pursue a claim if possible.

Filing a claim with your own insurance can be a smart move in the right circumstances. After all, you pay premiums for coverage precisely for times like these. Many people worry, “Won’t my rates go up if I use my insurance?” The answer is: it depends on the situation. If the accident was not your fault, insurers in Texas generally should not surcharge you for a claim where they recover their costs from someone else (and Texas law offers some protections for not-at-fault claims). If the accident was your fault, a rate increase is likely whether you claim or not (since the other party will probably make a claim against you). The priority should be getting your bills paid and your car back on the road. Use the coverage you have; we can always address any unfair rate hikes later if they happen.

One more note: Whenever you file a claim with your own policy (whether PIP, collision, UM/UIM, etc.), remember that your insurance company should treat you with fairness and good faith. Just because it’s “your” company doesn’t mean they will automatically be generous – they have financial incentive to save money too. If your own insurer unreasonably denies your claim or gives you the runaround, they can be held accountable through complaints to TDI or even a bad faith lawsuit. Don’t let them shortchange you just because the claim is against your policy.

When to Speak with a Houston Car Accident Lawyer

Many people handle minor car accident claims on their own, especially if it’s just vehicle damage and no injuries. However, if you were injured or the insurance situation is getting complicated, talking to a personal injury lawyer can be a game-changer. Here are some scenarios when you should strongly consider consulting with a Houston car accident attorney (sooner rather than later):

• You Suffered Injuries: If you have injuries that required medical treatment (ER visit, hospitalization, surgery, ongoing therapy) or you have lasting effects (like disability, chronic pain, scarring, etc.), the value of your claim is much higher — and the insurance company will fight that much harder to minimize it. In cases of severe injuries, there’s a lot at stake: medical bills, future care costs, lost income (including future earning potential if you can’t return to your old job), and substantial pain and suffering. A lawyer will help calculate these complex damages and will know how to document and prove them. Serious injury claims often involve policy limit issues, meaning your damages might exceed the available insurance. An experienced attorney can identify all possible sources of recovery (for example, if the driver was working at the time, their employer might be liable, or there might be multiple defendants). Bottom line: if your injuries are serious, you don’t want to go up against the insurance company alone.
• Fault is Disputed or Unclear: Sometimes it’s not obvious who was at fault, or the other driver’s insurance is claiming you were wholly or partially to blame. In Texas, if you’re found to be 51% or more at fault, you get nothing from the other driver’s insurer, and even if you’re 50% or less at fault, your compensation is reduced. Insurance companies know this and will often aggressively push a narrative of shared fault to reduce what they have to pay. If you hear things like “our insured says you actually ran the stop sign” or the police report is not clearly in your favor, it’s time to get a lawyer’s help. Lawyers can gather evidence to prove liability — this can include hiring accident reconstruction experts, obtaining traffic camera footage, downloading data from vehicles (like airbag module data), and interviewing witnesses under oath. We have the resources to build a strong liability case. Don’t risk getting unfairly blamed; if fault is in question, legal help is recommended.
• The Insurance Company is Acting in Bad Faith: If the insurance company outright denies a valid claim, won’t respond to you, or is otherwise acting egregiously (for example, they lost your paperwork multiple times, or they keep giving you inconsistent information), an attorney can step in and hold their feet to the fire. Insurers in Texas are subject to the Texas Insurance Code and must act in good faith toward claimants. Bad faith can include denying claims without a reasonable basis, failing to conduct a prompt and fair investigation, or not attempting a fair settlement when liability is reasonably clear. When we suspect bad faith, our firm can threaten and, if necessary, file a separate lawsuit for insurance bad faith in addition to the accident claim. That often gets the insurer’s attention quickly. While you might not know if what you’re experiencing qualifies as bad faith, an attorney who’s seen countless cases will recognize red flags.
• You’re Unsure What Your Claim is Worth: The insurance company isn’t going to volunteer the maximum they’re willing to pay. It’s up to you to demand what’s fair, but how do you know what’s fair? If you’re unsure whether the settlement offer you received is adequate, it helps to talk to a lawyer. At Adley Law Firm, we can evaluate your case based on our experience with Texas car accident settlements and verdicts. We consider factors like the severity of injuries, total medical costs, how the injuries affect your daily life and work, the amount of insurance available, and even the typical settlement values in Harris County or Texas for similar cases. We can give you a pretty good idea of what range you should expect. Armed with that knowledge, you can either negotiate more confidently on your own or choose to have us handle it. Keep in mind, if we take on your case, we work on a contingency fee – meaning we only get paid if we recover money for you. That often gives people peace of mind that we’re in the fight together.
• Time is Running Out: In Texas, the statute of limitations for filing a personal injury lawsuit from a car accident is generally two years from the date of the accident. If a lot of time has passed and you’re approaching that deadline (or the insurance company is slow-walking and nothing is resolved), you absolutely should involve a lawyer. Filing a lawsuit might become necessary to preserve your claim before the deadline. Even if you prefer to settle out of court (most cases do settle), the threat of a lawsuit needs to be real for the insurer to take you seriously. We handle all the court filings and procedural requirements to make sure you don’t lose your rights due to a technicality or deadline. Ideally, don’t wait until the last minute – building a case takes time – but if you’re, say, 18 months post-accident with no resolution, call an attorney ASAP.

The truth is, insurance companies have vast resources, including adjusters and attorneys, working to protect their interests. If your case is anything beyond a simple fender-bender, having your own legal advocate helps “level the playing field.” A car accident lawyer, especially one familiar with Houston and Texas laws, can take over the heavy lifting: investigating the crash, gathering evidence, handling all communications with insurers, negotiating for a higher settlement, and filing a lawsuit if needed. This allows you to focus on your recovery instead of battling insurance adjusters.

At Adley Law Firm, we offer free consultations and work on a contingency basis for car accident claims. This means it costs you nothing out of pocket to have an initial case review, and if we take your case, you pay no upfront fees — we only get paid if we win compensation for you. Our experienced Houston car accident attorneys have a deep understanding of Texas insurance law and extensive experience negotiating with all the major insurance companies. We’re also prepared to take a case to trial if the insurer won’t play fair. Simply put, our job is to fight for the justice and compensation you deserve.

If you’re feeling overwhelmed about dealing with insurance after your accident, or if you’re not satisfied with how the insurance claim is going, reach out to Adley Law Firm at any time. We’re here to answer your questions, explain your options, and help you get the best possible outcome. You don’t have to go through this process alone.

FAQ: Texas Car Insurance Claims After an Accident

Dealing with insurance after a car accident can be one of the most frustrating parts of an already difficult situation. By knowing what to do and what to watch out for, you can significantly reduce the stress and ensure you’re treated fairly. This guide is meant to empower Texas accident victims with knowledge, but if you ever feel unsure or overwhelmed, reach out to our team at Adley Law Firm. Our compassionate Houston car accident lawyers are ready to help you navigate the insurance maze and fight for the compensation you deserve. You focus on recovering from your injuries – let us handle the insurance companies. With the right approach and support, you can turn a tough situation into a fair resolution and move forward with your life.