Detailed Answer

After a motor vehicle collision, Texas law imposes strict deadlines and fair-deal rules on insurers. If your carrier delays or denies your valid claim, you can use several tools under the Texas Insurance Code to force a prompt, full resolution.

1. Understand statutory deadlines

• Insurer must acknowledge or reject a claim within 15 days of receipt of your proof of loss request (Ins. Code §542.055).
• They must pay clean claims no later than the 60th day after the insurer receives all required documentation (Ins. Code §542.057).

2. Identify unfair practices

Texas forbids unfair or deceptive claim-handling practices under Ins. Code §541.0605. Common tactics include:

• Asking for unnecessary medical records or expert reports.
• Repeated requests for the same documents.
• Unreasonable delays in investigation.
• Offering lowball settlements without explanation.

3. Document everything

Keep a detailed log of phone calls, emails, letters, and dates. Save complete copies of your repair estimates, medical bills, and correspondence. Thorough records prove your insurer acted in bad faith.

4. Use administrative remedies

You can file a complaint with the Texas Department of Insurance (TDI). TDI will investigate and can sanction an insurer that violates Chapters 541 or 542 of the Insurance Code.

5. Pursue a private lawsuit

If TDI fails to resolve your dispute, you can sue the insurer. Under Ins. Code §542.060, you may recover:

• The full amount of your claim.
• 18% interest per year on the amount owed from the date of the claim.
• Reasonable attorney fees.

If you show the insurer knowingly committed an unfair or deceptive act, you may also recover treble (triple) damages and additional attorney fees under Ins. Code §541.152.

6. Consider alternative dispute resolution

Your policy may include an appraisal clause or mediation/arbitration provision. These options can yield faster results than court.

7. Consult a qualified attorney

A lawyer who focuses on insurance disputes can advise you on strategy, file your suit, and increase your odds of full recovery.

Disclaimer: This article is for informational purposes only. It does not constitute legal advice.

Helpful Hints

• Track all deadlines on a calendar to avoid missed rights.
• Respond to insurer requests promptly; never ignore letters or calls.
• Keep an unbroken paper trail: save digital and hard-copy records.
• Begin the TDI complaint process early if delays exceed statutory time frames.
• Review your policy’s dispute resolution clause for appraisal or arbitration options.
• Ask your mechanic or medical provider for itemized bills to prevent insurer challenges.