Filing insurance claims following a collision is rarely easy. There are almost always roadblocks and headaches. Dealing with a car insurance company that does not respond to your calls or emails makes the claims process even more frustrating.
Whether it’s the other driver’s insurer dragging their feet or your own insurer failing to pay an uninsured motorist claim, you have legal rights and options. Working with a Corpus Christi car insurance claim lawyer can greatly reduce your stress and make this process much easier.
What Are My Rights When It Comes to Filing a Car Accident Insurance Claim?
Insurance companies must handle claims in a timely manner and pay the covered damages or face consequences from the Texas Department of Insurance and possibly the civil court system.
Insurance policies are contracts. Policyholders pay their premiums and, in exchange, receive the promised coverage. If you believe an insurance company is not upholding its end of this contract, you can speak with an attorney who handles insurance claims regularly.
An attorney can help you:
- Compile detailed records of all communication
- Document your covered damages
- Understand the coverage available
- Determine if your insurer or the other driver’s insurer is acting in bad faith
- Make the process smoother and ensure fair treatment
If a car insurance company is ignoring you, you do not have to keep waiting on them to return your calls. You have rights. You can explore the options included in this list or connect with an attorney to help you determine your next steps.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Another Driver’s Insurance Company Is Ignoring You
Texas operates a fault-based system for recovering compensation after a crash. When another driver causes an accident, their insurance company should respond to your claim in a timely manner. However, it is a common tactic for insurers to delay or ignore claims to try to get victims to settle for less.
Here are your options if this happens to you:
Follow Up Persistently
Make calls and send emails about your claim regularly. Keep records of your attempts to contact the company about your claim. You can also ask for a supervisor or claims manager if you are not getting a response or there is no action on your claim.
Send a Formal Demand Letter
You want to ensure you have recorded attempts to make the insurer move on your claim. By writing a demand letter and sending it through certified mail, you create a paper trail.
A demand letter is a written request that details the accident, the policyholder’s fault, your injuries, and your covered damages. It also includes a dollar amount for the payment you expect.
Your attorney will handle this if you have one.
File a Complaint with the Texas Department of Insurance (TDI)
If the insurer refuses to respond despite numerous attempts, you can file a complaint with the Texas Department of Insurance. This agency regulates insurance companies statewide and may intervene when there are unreasonable delays.
Hire an Attorney to Oversee Your Claim
When you hire a Corpus Christi car accident lawyer, many insurance companies automatically take your claim more seriously. Your attorney will manage your claim, including sending demand letters and negotiating for a fair settlement on your behalf.
File a Lawsuit Against the At-Fault Driver
If the insurer refuses to respond to your attorney, your legal team may recommend filing a lawsuit against the at-fault driver. This will force the insurance company to act. It must engage in the process at that point or risk the court ruling in your favor and forcing it to pay you much more.
What If My Own Insurance Company Is Ignoring Me?
Sometimes, the insurance company that ignores you is your own. This could occur if you are filing a claim based on your property damage or uninsured motorist (UM) coverage.
If your own insurance provider is unresponsive, you still have options for fighting back. They include:
Reviewing Your Policy Carefully
Ensure you followed all procedures, timelines, and other details included in your policy. While they should inform you of a denial or why they are not acting on your claim, sometimes an insurer may not respond because you did not complete a certain form or contact the correct party.
Documenting Every Call With the Company
Keep a detailed log of every attempt to contact your insurer in any way. Write down who you spoke with, whether you left a message, and the promised follow-up. This documentation could be crucial evidence in a bad-faith lawsuit later.
Send a Written Complaint to the Insurer
If phone calls and emails do not work, consider sending a letter by certified mail, including your demand for payment.
File a Complaint with the Texas Department of Insurance
The TDI investigates complaints against insurance providers for violations of bad faith laws, which include delaying or failing to respond to policyholders after a claim. Bad faith occurs when an insurance carrier acts dishonestly or purposely mistreats a policyholder.
Consider a Bad Faith Insurance Claim
Insurance companies must act in good faith when handling claims. If your insurer unreasonably denies or delays your claim, a bad faith lawsuit may be possible. An attorney will review your case and explain if this is a good option.
Hire an Insurance Claims Lawyer
A Corpus Christi bad faith insurance claim lawyer can help you file a lawsuit against your insurer for violating its contractual obligations. This could allow you to recover the money you deserve for the claim plus additional damages.
Representing the injured in all areas of Texas that extends back over 40 years
How Soon Should I Consider Calling an Insurance Claim Attorney?
An insurance claim lawyer can determine your best options for recovering fair compensation after a Texas car accident. Sometimes, just hiring a lawyer is enough to get the insurer moving on your claim. It shows that you are serious about recovering the money you deserve and that it should take your claim seriously, too.
It is important to contact an attorney as soon as you recognize you are dealing with an unresponsive insurer in these cases. There are often tight deadlines to file claims, provide evidence, and file a lawsuit. You do not want to miss any key deadlines.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Discuss Your Case With Our Car Accident Claims Legal Team Today
Carrigan & Anderson, PLLC, provides free consultations for car accident victims and those struggling to get the insurance payout they deserve. You can speak to an insurance claim attorney today to learn more about how we can help if your car insurance company is ignoring you. Call us now.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
