To negotiate an insurance settlement after an accident, gather proof of your injuries and losses, wait until you know the full extent of your medical treatment, send a written demand letter, and then answer each low offer with facts rather than emotion. Most claims settle through several rounds of offers and counteroffers. Knowing how adjusters work, and when to bring in a lawyer for recovery from insurance, can make a large difference in what you receive.
Insurance companies negotiate claims every day. Most injured people do it once. This guide walks you through the process step by step, explains the tactics adjusters commonly use, and covers what Texas insurance law does and does not require of insurers.
This article is general information, not legal advice. Every claim depends on its own facts, policy terms, and evidence.
After a Texas crash, you may deal with two kinds of claims. A third-party claim is made against the at-fault driver's liability insurance. A first-party claim is made under your own policy, such as personal injury protection (PIP) or uninsured and underinsured motorist (UM/UIM) coverage.
The difference matters. Your own insurer owes you contract duties under your policy. The other driver's insurer works for its policyholder, not for you, and its goal is to resolve the claim for as little as it reasonably can. Texas requires drivers to carry at least 30/60/25 liability coverage: $30,000 per injured person, $60,000 per accident, and $25,000 for property damage. In a serious injury case, that minimum may run out quickly.
The steps below follow the order most injury claims move through, from the first days after the crash to a signed release.
1. Get medical care right away and follow your doctor's treatment plan. Gaps in treatment are one of the first things adjusters use to argue you were not really hurt.
2. Report the crash and collect evidence: the police report, photos, witness names, and the other driver's insurance information.
3. Keep a claim file with every bill, receipt, pay stub showing missed work, and a short daily journal of pain and limits on your activities.
4. Be careful with the adjuster. You can share basic facts, but you are generally not required to give a recorded statement to the other driver's insurer, and you should not sign a broad medical authorization without understanding it.
5. Wait until you reach maximum medical improvement, or until your doctor can estimate future care, so you do not settle before you know the full cost.
6. Calculate your damages, including medical costs, future treatment, lost wages, reduced earning capacity, property damage, pain and suffering, and mental anguish.
7. Send a written demand letter with your supporting documents and a specific settlement amount.
8. Review the first offer, ask the adjuster to explain how it was calculated, and respond in writing with a counteroffer backed by evidence.
9. Continue negotiating until you reach a fair number, or decide whether mediation or a lawsuit is the better path.
10. Get the final agreement in writing and read the release carefully before you sign. Once you sign, you usually cannot reopen the claim.
A demand letter is your formal opening position. It tells the insurer what happened, why its insured is responsible, and what you need to be made whole. A clear, organized demand often leads to a better first offer.
• A short, factual summary of how the crash happened and why the other driver was at fault.
• A description of your injuries, treatment, and how they affect your work and daily life.
• Itemized medical bills and records, plus your doctor's opinion on future care.
• Proof of lost income from your employer or tax records.
• Photos of injuries and vehicle damage.
• A specific dollar amount and a reasonable deadline to respond.
When injuries are serious and the at-fault driver has limited coverage, a lawyer may send what Texas lawyers call a Stowers demand. Under a long line of Texas Supreme Court cases, a liability insurer that unreasonably rejects a proper settlement demand within policy limits may be exposed to a judgment above those limits. The demand must meet specific legal requirements, so this is a tool best handled by an attorney.
Adjusters are trained negotiators. Recognizing their methods helps you stay calm and respond with facts.
• A quick, low offer made before you know how badly you are hurt.
• Requests for a recorded statement, then using small inconsistencies to question your account.
• Blaming you for part of the crash to reduce the payout under Texas comparative fault rules.
• Arguing that your injuries existed before the crash or were caused by something else.
• Pointing to gaps in treatment or missed appointments.
• Reviewing your social media for photos or posts that seem to contradict your injuries.
• Delaying responses so financial pressure pushes you to accept less.
Common injuries such as soft tissue damage are frequent targets. If you are dealing with neck pain after a rear-end crash, our article on the signs of whiplash explains why prompt medical documentation matters.
Texas has rules that govern how insurers handle claims, but it is important to understand who those rules protect. They apply differently to your own insurer and to the other driver's insurer.
The Texas Prompt Payment of Claims Act in Chapter 542 of the Texas Insurance Code applies to first-party claims made by a policyholder or beneficiary. Your insurer generally must acknowledge your claim within 15 days, accept or reject it within 15 business days after receiving all requested information (with up to 45 more days if it explains the delay), and pay within 5 business days after agreeing to pay. An insurer that violates these deadlines can owe interest and attorney's fees. These deadlines do not apply to a claim against the other driver's insurer.
Chapter 541 lists unfair claim settlement practices, such as misrepresenting policy terms, refusing to pay without a reasonable investigation, and failing to try in good faith to settle a claim once liability is reasonably clear. Policyholders can sue their own insurers for these violations. However, Section 541.060(b) and Texas Supreme Court precedent generally do not give a third-party claimant a direct cause of action against the at-fault driver's insurer.
The Texas Department of Insurance notes that even when the prompt payment law does not apply, insurers must still act in good faith, and you can file a complaint with TDI if you believe a company handled your claim improperly.
You can handle a minor property damage claim on your own. It is often wise to talk with a lawyer when any of the following is true:
• You have broken bones, surgery, a head injury, or ongoing treatment.
• The insurer disputes fault or says you caused the crash.
• The offer will not cover your medical bills and lost wages.
• The at-fault driver is uninsured, underinsured, or driving a commercial vehicle.
• The two-year filing deadline under Civil Practice and Remedies Code Section 16.003 is approaching.
Claims involving a truck accident or a company vehicle often involve larger policies, multiple insurers, and corporate defense teams from day one.
Founder John Daspit began his career at Fulbright & Jaworski and also worked in insurance defense, so our team knows how insurers evaluate claims from the inside. The Daspit Law Firm has more than 50 attorneys and has recovered over $500 million for clients. We handle every step of a car accident claim, from gathering records to sending demands and taking the case to court when insurers will not be fair.
We work on a contingency fee, so you pay nothing unless we win, and we offer home and hospital visits. With our main office in Houston and offices across Texas, help is close by.
You do not have to face the insurance company alone. Call The Daspit Law Firm at (888) 273-1045 for a free consultation, available 24/7, and let us fight for the settlement you deserve.
Start by documenting your injuries, treatment, bills, and lost income. Wait until your doctor understands your full prognosis, then send a written demand letter with a specific amount. When the adjuster makes an offer, ask how it was calculated and respond with a counteroffer supported by evidence. Get any final agreement in writing and read the release before signing.
Usually not without careful review. First offers are often low and may come before you know the full cost of your injuries. Once you sign a release, you generally cannot ask for more money later. Compare the offer to your documented medical costs, future care, and lost wages, and consider speaking with a lawyer before you accept.
In most cases, you are not required to give a recorded statement to the at-fault driver's insurer. Adjusters may use small inconsistencies in a recorded statement to question your claim. Your own policy may require you to cooperate with your insurer, so check your policy and consider talking with a lawyer before giving any recorded statement.
It depends on whose insurer is paying. The Texas Prompt Payment of Claims Act in Insurance Code Chapter 542 applies to first-party claims under your own policy, such as PIP or uninsured motorist coverage. It does not apply to claims against the other driver's insurer, although the Texas Department of Insurance says that insurer must still act in good faith.
Simple claims may settle within a few months, while serious injury claims can take a year or longer, especially if a lawsuit is filed. Timing depends on the length of treatment, the strength of the evidence, disputes over fault, and the insurer's willingness to negotiate. Most Texas injury lawsuits must be filed within two years of the crash.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2026 All Rights Reserved. Privacy Policy, Accessibility, Legal Disclaimer
.png)
.webp)
