What to Do When a Texas Insurer Underpays Your Claim

An insurance offer may look like welcome relief after an accident, but it may not cover the full harm caused by the injury. Before accepting it, a Texas personal injury lawyer can help you compare the offer with your medical costs and other losses.

A low offer is not always the insurer’s final position. You can ask how the amount was calculated, provide more evidence and challenge conclusions that do not match the facts.

Why might an insurer offer too little?

Learning how insurance adjusters determine fault can help you understand why the company disputes who caused the accident or whether every injury came from it. The company may also dispute whether treatment was necessary, the amount of lost income or the impact of a prior medical condition. Policy limits can also restrict how much coverage is available.

An offer that feels low does not by itself prove that the insurer broke the law. The first step is to find the specific reason for the gap between the offer and the losses you documented.

What should you review before responding?

Read the adjuster’s letter and look for any explanation of the payment. Check whether the insurer included all medical bills and used the correct wage information. Compare its description of the accident with photographs, witness accounts and the police report.

You can ask the adjuster for a written breakdown if the calculation is unclear. Keep copies of letters and emails related to the claim.

What evidence can support a higher payment?

Medical records can link the injury to the accident and show that care was necessary. Bills document treatment charges. Wage records might indicate income lost during recovery. Photographs and repair estimates can be helpful in property damage claims.

Evidence of future harm may also affect the claim’s value. A medical opinion may address future care or lasting restrictions.

Should you accept the first offer?

You are generally free to reject an offer and respond with a different amount. Before signing a release, make sure you understand which claims and parties it covers. A signed release can prevent you from seeking more money later.

This is especially important when treatment is ongoing. An early offer may not account for surgery, added time away from work or a condition that has not yet stabilized.

How can you challenge the insurer’s calculation?

A written response can identify missing bills and explain why the insurer’s view of fault or injury is wrong. You can attach supporting documents. A response can request a new evaluation without threats or exaggeration.

A Texas personal injury lawyer can identify the damages that are legally recoverable and communicate with the insurer. If negotiation does not produce a reasonable offer, the attorney can discuss the appropriateness of filing a lawsuit.

Does the type of insurance claim change your options?

A claim against your own insurer is based in part on the insurance policy. Texas laws governing claim handling may also apply. Depending on the coverage, disputes can concern personal injury protection or uninsured motorist benefits.

A claim against another person’s liability insurer is different because you generally do not have a contract with that company. Your underlying claim is usually against the person or business accused of causing the injury. The correct response can depend on which type of claim is involved.

How long do you have to act?

Texas generally allows two years to file a lawsuit for personal injury. Exceptions can shorten or extend the time in certain cases. A deadline under an insurance policy may also differ from the deadline for suing the person who caused the accident.

Negotiations with an insurer do not generally pause the statute of limitations. Waiting for another offer could leave an injured person without time to file suit, so the deadline should be checked early.

Where can you get help with an underpaid claim?

An insurer’s calculation does not always reflect every loss allowed under Texas law. A careful review can show whether evidence is missing or the company has taken a position that should be challenged.

The Law Office of Sandy McCorquodale, P.C. helps injured people evaluate insurance offers and pursue fair compensation. Speak with a Texas personal injury lawyer by filling out the online contact form or calling on (833) 712-4472.