If an insurance company delays your claim in Texas, then you have legal rights to request a prompt response. We’ll go through the steps for ensuring that your claim stays on track.
If you’ve been in an accident and are seeking compensation from negligent parties, a Texas personal injury lawyer can help.
How Fast Must an Insurance Company Pay Out a Claim in Texas?
Under the Texas Insurance Code Chapter 542, insurance companies have 15 business days to respond to a claim. Once they have received all required information, they also typically have 15 business days to either deny or accept your claim. If they accept your claim, then they are also expected to promptly provide your payment.
If these deadlines are missed, then they may be liable to pay an interest penalty and attorneys’ fees.
What Should You Do if the Insurance Company Delays Your Claim in Texas?
If the insurance company delays your claim in Texas, you should request an explanation for the delay. Make sure to do this in writing so you have a record of the request.
Be clear about what you are asking in the request. For example: “I submitted a claim after a car accident. My claim was submitted on x date. Please provide an update.”
If the insurance company still does not provide a response, gives a vague answer, or says that your claim is under review (but it has been longer than 15 days since their initial response), then you can take further steps.
Can You File a Complaint if an Insurance Company Delays Your Claim in Texas?
Yes, you can file a formal complaint with the Texas Department of Insurance. Ensure that you have documentation of every message you’ve sent to the insurer, as well as any responses you have received from them.
Once you have filed a formal complaint, TDI will likely reach out to the insurance company on your behalf to request a response. Typically, this will resolve the issue.
In some cases, where an insurance company still refuses to provide a response, you may need to follow up with a bad faith insurance suit. However, this is rare.
How Can a Texas Personal Injury Attorney Help With Your Case?
After an accident, dealing with delayed claims and low-ball settlement offers should be the last thing on your mind. Having a lawyer means that you can focus on recovery while they handle the legal process.
Your lawyer can:
- Determine all liable parties: Your lawyer will investigate and gather evidence to determine the at-fault parties. In cases where there are multiple liable parties, they can pursue each to recover the maximum compensation for your case.
- Communicate with insurers: Your lawyer can deal with insurance adjusters, ensure that paperwork is filed correctly and all necessary information is submitted, and negotiate on your behalf.
- Consult with experts: Your attorney can consult with medical or financial experts to ensure that the full scope of your losses is represented in your claim for damages.
- Offer guidance: If you receive a settlement offer, they can offer advice on whether it is fair.
- Handle appeals or complaints: If a claim is delayed, your attorney can handle follow-up steps, such as a request for a response letter or filing a formal complaint. If your claim is denied, they can handle the appeal process.
- Represent you in court: If necessary, your lawyer can represent your case in court.
Are There Ways to Avoid a Delay in Your Claim?
While there isn’t a way to push the insurance company to move faster than the 15-day timeframe, there are ways to avoid any reasonable delays in the processing of your claim.
These include:
Document Everything
After the accident, always seek medical attention promptly. This is important for your health and recovery. It is also important to have medical records that tie your injuries to the accident. Never stop or delay treatment, as insurers may argue that this means your injuries are not as serious as you claim.
Report the accident to the police so there is an official record. Get a copy of the crash report to include with your accident claim.
In addition to medical records and the accident report, include any other documentation that proves your claim or supports the amount of damages you are seeking. This can include medical bills, car repair cost estimates, and other receipts.
File Promptly
Filing your claim as soon as you have everything documented is important. In Texas, you generally only have two years to file a personal injury lawsuit. Missing the deadline set by the statute of limitations may bar you from recovering compensation.
Do Not Accept Lowball Offers
While it may be tempting to take the first offer, remember that first offers are often lower than what you need. It’s important to understand what your future losses from the accident may look like.
For example, you may need long-term medical care or be unable to return to work. In fair compensation, those losses should also be accounted for.
Talk to a Lawyer
Having a lawyer on your side means having an advocate throughout the entire process. Many personal injury lawyers work on contingency fees, so you do not have to worry about upfront costs.
Instead, you only pay your lawyer’s fees if they successfully recover compensation for you.
Have you been involved
in an accident?
(310) 526-8383
Reach Out to a Personal Injury Lawyer in Texas Today
If you’re wondering what to do if the insurance company delays your claim in Texas, a lawyer can help you seek fair compensation and avoid bad faith insurance tactics.
At Omega Law Group Accident & Injury Attorneys, we fight for our clients like they are family. Contact us today to get started with a free consultation.
