Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Texas law, you have rights and the at-fault party’s insurer has specific duties when you file a claim. Follow these steps to encourage acceptance of liability.
1. Provide Timely Written Notice
Send a written notice of your claim as soon as possible. Texas Insurance Code §542.055 requires an insurer to acknowledge receipt of a claim and request any necessary documentation within 15 business days of receiving notice. See: Tex. Ins. Code §542.055.
2. Submit a Detailed Demand Letter
Include a clear summary of facts, injury details, medical records, bills, and your settlement demand. A well-supported demand helps the insurer assess liability and damages quickly.
3. Supply Complete Documentation
Attach medical records, physician statements, repair estimates, police reports, and witness statements. Under Tex. Ins. Code §542.056, the insurer must accept or deny the claim within 15 business days after receiving all required information: Tex. Ins. Code §542.056.
4. Reference Unfair Claim Practices
If the insurer delays or denies without a reasonable basis, it may violate Texas Insurance Code §541.060. You can cite these provisions in your demand: Tex. Ins. Code §541.060.
5. Follow Up and Escalate if Necessary
If the insurer fails to respond or wrongfully denies liability, file a complaint with the Texas Department of Insurance (TDI) or consult an attorney. TDI can investigate unfair practices and enforce prompt payment rules.
6. Consider Litigation as Leverage
Sometimes insurers accept liability only after a lawsuit is filed or shortly before trial. Filing suit can trigger discovery, depositions, and motions that put additional pressure on the insurer.
Helpful Hints
- Keep detailed records of all communications with the insurer.
- Track deadlines under Texas prompt-pay statutes to protect your rights.
- Obtain and organize medical and repair bills early.
- Consider a recorded statement only after consulting legal counsel.
- Use certified mail when sending key documents to establish proof of delivery.