How to Negotiate with Insurance After a Houston Car Accident

Insurance Assessor With A Clipboard Inspecting A Damaged Vehicle At The Garage.

Insurance negotiation after a car accident in Houston is maddening. Adjusters always try to offer you less than you deserve. Being familiar with how to deal with them will flip the whole process around when receiving your settlement. What you are about to read is a clear, step-by-step guide that will allow you to navigate the process with ease.

How Insurance Negotiation Works

Before your mind is money following an accident. They are pleasant people, yet they work for them rather than you. Your voice counts. That is the reason that you need to stay calm, keep awake, and be careful with all your conversations. Start with the awareness of who you’re dealing with. The adjuster owes it to himself and to you to investigate and pay claims in a timely manner. They’re going to submit an opening low bid. Don’t take it. You cannot reopen your claim after you’ve accepted. Keep everything neat. Dig out photos, police reports, repair estimates, and medical invoices. Facts make your position so much stronger. Facts are hard to argue with.

Steps to Negotiate Reasonably with the Insurance Company

Start with a Demand Letter

Write a brief letter with what happened and what you are demanding. Cite accident facts, injuries, and charges. Add lost wages and emotional distress where applicable. End the letter with the amount that you expect.

Wait for the Adjuster’s Offer

The lowball offer is going to be the first one. Don’t lose your temper or get upset. Ask for a reason. Ask for reasons or evidence behind the amount. Record all the calls.

Make a Counteroffer

Be cautious when counteroffering on your offer. Support your number with facts. Stay calm while communicating. Never lie or let conjecture take place. Facts are valuable.

Facts Only

Do not use long stories or feeling people. Use bills, reports, and written problems. Numbers are more valuable here than feeling.

Do not Take Pressure or Deadlines

Adjusters will let you know the bid will not be held. Don’t rush. You have rights in Texas law. Read all of this slowly and carefully.

Obtain Legal Help If Needed

If negotiations break down or if the insurance company won’t be reasonable, call a Houston personal injury attorney. They’ll negotiate, paperwork, and deadlines for you. Lawyers get larger settlements.

What Not to Do When Negotiating

Never make taped statements before you meet with a lawyer.
Never mention fault, even partially.
Never approximate damages or injuries.
Never accept the first offer too hastily.
Never post personal accident information on social media sites.

One slip-up will lower your payment. Keep the statements concise, truthful, and polite.

Common Insurance Adjuster Tactics

Insurance firms use some tactics to reduce payments. They are some of them you should be aware of:

Withholding on claims so you need money.
Asking unnecessary forms to confuse and wear you out.
Denial of care in order to intimidate your injuries are not evil.
Partial payment to intimidate early settlement.
Blaming you as a last attempt to reduce their client’s exposure.

Stand firm and record each phone call or e-mail. Document each step.

When to Call an Attorney

If your damages are substantial, or if the offer is not realistic, seek the services of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys. A lawyer will negotiate on your behalf with the insurance company and stand up for your rights. Lawyers are familiar with Texas accident law and the negotiation strategies used by insurance adjusters. Most lawyers give free consultation and bill only if you win. Having him on your side is a leveller.

Why Documentation Is Important

The more paperwork, the better. Get it all in motion as quickly after the accident as possible:

Crash scene photographs and photos of damage
Reports from police and witnesses
Doctors’ bills and medical expenses
Pay check stubs for wages lost
Repair bills and medication bills

Save duplicates of all you receive and send by mail, e-mail, and forms. A paper trail demonstrates that you’re not fooling around and that you’re on top of things.

Handling Delays or Denials

If the firm keeps stalling or rejecting your claim, don’t give up. Demand written answers. Insurers have a Texas law duty to settle in good faith. If they don’t, your attorney can sue.

Some examples of bad faith include:

Not returning phone calls
Providing inaccurate information
Misreading policy language
Not making investigations

You can report to the Texas Department of Insurance or sue.

Negotiation Tips for an Effective Settlement

Negotiate numbers with knowledge of your claim value.
Civility, albeit argumentative.
Patience. The decision is a slow one.
Don’t exaggerate damages and injuries.
Composure. Self-assurance wins out over emotion.

Insurance negotiation is chess. You’re a winner by anticipating, not responding.

FAQs after a Houston Car Accident

1. Should I speak with the other driver’s insurance company directly regarding my claim?

You are able, but you shouldn’t. Adjusters have become skilled at leading the witness by asking bad questions. Even the best answers hurt your case. It is smarter to let an attorney negotiate for you or even to inform you ahead of time that you talk.

2. How long is the Texas statute of limitations within which to settle my claim?

In Texas, you have two years from the accident date to file suit. Insurance claims, however, need to be made in a timely manner. Delay will weaken your case or complicate proving injuries.

3. What if the insurance company informed me that I caused the wreck?

Texas is a comparative fault state. You can recover if you are less than 51% at fault. Your percentage of fault will reduce your award. Always combat false fault claims with evidence like photos or deposition testimony.

4. Can I recover from pain and suffering damages?

Yes. Physical injury and emotional suffering may be recovered under the Texas statutes. Document in a pain diary, doctor’s statements, and therapist’s reports how life was changed by the accident. This is evidence for your case.

5. When do I seek out a Houston car accident lawyer?

Hire him if you are severely injured, your car is destroyed, or your insurance agent is dishonest. A lawyer assists you to build evidence, measure damages, and negotiate better bargains. They prevent you from being taken advantage of.

Final Thoughts

Dealing with insurance following a Houston auto accident requires determination, paper shuffling, and patience. Remain calm, be patient, and do not take too hasty of an offer. If it gets ugly, have a professional Houston car accident attorney battle for the justice dollar you have coming to you.

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