Recovery from Insurance

Recovery from Insurance Companies

After a serious accident, the insurance company standing between you and fair compensation is not on your side, no matter how friendly the adjuster sounds.

Insurers are for-profit businesses, and every dollar they pay out is a dollar off their bottom line. That is why claims are inspected, questioned, and undervalued long before an injured person understands what their case is actually worth.

The Daspit Law Firm negotiates directly with insurance companies on behalf of accident and injury victims across Texas, whether the claim involves auto insurance, homeowner's insurance, workers' compensation, or a commercial liability policy.

We handle the adjusters, the recorded statement requests, and the lowball settlement offers so you do not have to, and we do not accept less than your claim is worth simply because it is faster for the insurer to close the file. If an insurance company is delaying, denying, or undervaluing your claim, call (888) 273-1045 for a free, 24/7 case review before you sign anything or give a statement.

Role of Insurance in Personal Injury Claims

Liability insurance exists to provide the policyholder with protection in the event that he or she is sued. Whether the insured is an individual or a corporation, the purpose of having liability insurance is to avoid the significant financial losses that one might suffer upon losing a lawsuit.

By paying a relatively small amount every month in premiums, the policyholder is able to enjoy the peace of mind and confidence that come with knowing that he or she is reasonably secure against the threat of litigation.

How Insurers Cover Accident Claims

If you have been injured or have lost a loved one in a serious accident and are now contemplating taking legal action to recover financial compensation, your personal injury or wrongful death claim will most likely be against the insurance policy of the party who is at fault for causing the accident.

In other words, you will not be taking legal action only against the person who is responsible for your accident and the losses you have sustained as a result. For example, if you suffered whiplash in a car accident caused by Mr. Smith, you will initially file suit against Mr. Smith as the person who is liable for causing your injury.

Provided that Mr. Smith has car insurance, however, your lawyer will almost certainly end up dealing with the insurance company in pursuit of your claim.

This is true in the vast majority of accident claims, whether it is auto insurance for a motor vehicle accident, homeowner's insurance for a premises liability claim involving a slip and fall, or a claim against a doctor's medical malpractice insurance.

The liability insurance provider has a duty to defend the policyholder against legal action, as well as to pay the judgment in the event that the defendant loses the lawsuit. While not a liability policy, similar principles apply in the case of workers' compensation insurance.

In these cases, the employer's insurance provider steps in to pay medical and wage benefits. Workers' compensation releases the employer from the possibility that their injured employee could sue them.

FAQS Regarding Recovery from Insurance Companies

Should I talk to the insurance company after a Texas car accident?

You must report the crash to your own insurer, but you are not required to give a recorded statement to the other driver's insurance company, and you generally should not. The adjuster calling you works for the company that will pay your claim, and their job is to keep that number low.

As this page explains, adjusters inspect damage and estimate value on their own terms, and request recorded statements that can later be used to reduce or deny a claim. Keep any exchange to the basic facts, do not speculate about fault or say you feel fine, do not sign a medical authorization, and do not accept a first offer. Call (888) 273-1045 first and let us handle the conversation.

What can I do if the driver who hit me had no insurance in Texas?

Check your own policy for uninsured and underinsured motorist coverage, often listed as UM or UIM. Texas insurers are required to offer it, and unless you rejected it in writing you likely have it. UM coverage steps in when the at-fault driver has no insurance or fled the scene; UIM covers the shortfall when their policy is too small for your injuries.

You may also have Personal Injury Protection, which pays medical bills and some lost wages regardless of fault. Beyond that, the at-fault driver can still be sued personally, and there may be another liable party such as an employer if they were driving for work. Bring your declarations page to a free consultation and we will identify every source of recovery.

How do insurance adjusters try to reduce my claim?

The most common tactics are predictable once you know them. Adjusters request a recorded statement early, before you know the extent of your injuries, and use your own words against you later.

They ask for blanket medical authorizations so they can search your history for pre-existing conditions. They point to any gap in treatment as proof you were not really hurt. They send a quick lowball offer while you are still worried about bills. And they monitor social media for anything that looks inconsistent with your claim. Having a lawyer means the adjuster deals with us instead of you.

Should I accept the insurance company's first settlement offer?

Almost never. A first offer typically arrives before your treatment is finished and is calculated on the bills received to date, not on what your future care and lost earning capacity will actually cost.

Once you sign a release, the claim is closed permanently, even if you later need surgery. Wait until your doctors can describe your prognosis, then evaluate. If the offer is genuinely fair we will tell you so; that is part of our job too.

Does filing a claim with my own insurance raise my rates?

It can, and Texas law does not fully prevent it. As this page notes, your premium may increase even when the collision was not your fault. Pursuing the at-fault driver's insurance first, rather than routing everything through your own policy, is one way to reduce that risk.

Where your own UM, UIM, or PIP coverage is the right route, that is coverage you already paid for and were entitled to use. We will walk you through the trade-offs before you file anything.

What if the insurance company denies my claim or delays it unreasonably?

You have options. Texas law imposes duties on insurers to investigate promptly, communicate in good faith, and pay valid claims within set timeframes. An insurer that denies a claim without a reasonable basis, drags out its investigation, or misrepresents your policy may be exposed to additional liability beyond the value of the underlying claim.

Denials are also often reversible with better documentation and the right pressure. Do not treat a denial letter as final. Call The Daspit Law Firm at (888) 273-1045 and we will review the file. 

Level the Playing Field with Our Team of Lawyers

Insurance is a multi-billion-dollar industry, and liability insurers have vast resources at their disposal for defending against claims such as yours. Individuals who attempt to settle accident claims on their own end up being steamrolled by the insurance companies in most cases.

For example, the claims adjuster may come out to inspect the damage or to interview the accident victim and estimate the value of the claim as being dramatically lower than what it actually is.

They will also use tactics such as requesting recorded statements concerning the accident, sometimes tricking the accident victim into saying things that serve as grounds for the insurer to deny the claim or to settle for an appallingly low amount.

If you are determined to recover the maximum compensation possible in your case, level the playing field by hiring the team at The Daspit Law Firm.

Whenever possible, we attempt to recover out-of-court settlements for our clients by negotiating with the insurance company and seeking to compel them to pay a fair amount without going to trial. When this is not an option, however, we do not hesitate to take the case before a jury for a full trial.

Learn more about what to expect during the process and get started now by contacting us for a free case evaluation.