Dealing With Insurance Companies After a Car Accident in Texas

Insurance companies are businesses that focus on protecting their profits, not on ensuring accident victims receive fair compensation. When you file a claim, the insurance company will assign an adjuster to investigate the accident and determine how much they are willing to pay. However, their goal is to minimize payouts, which often leads to unfair settlement offers.

Some of the most common tactics insurers use to reduce claim payouts include:

1. Delaying Claims. Insurance companies may drag out the process, requesting unnecessary paperwork or repeatedly “reviewing” the claim to wear victims down. They know that accident victims often face financial pressure and may accept a lower offer just to move on.

2. Denying Liability. Adjusters often dispute fault, even when evidence clearly shows their policyholder was responsible. They may claim there is not enough proof, argue that another party contributed to the accident, or misinterpret the police report to shift blame.

3. Undervaluing Damages. Insurers frequently offer settlements that do not fully cover medical expenses, lost wages, or long-term care needs. They may downplay the severity of injuries, ignore future treatment costs, or dispute whether certain medical treatments are necessary.

4. Pressuring Quick Settlements. Some insurers rush victims into accepting a settlement before they understand the full extent of their injuries. Once a settlement is accepted, victims cannot seek additional compensation — even if their condition worsens or new medical expenses arise.

5. Blaming Pre-Existing Conditions. If you have any prior medical history, the insurance company may claim your injuries were not caused by the accident. They may use old medical records to argue that your pain or limitations existed before the crash.

6. Recording Statements for Later Use. Adjusters often ask victims to give recorded statements soon after the accident, hoping to catch them saying something that could be used against them. Even simple statements like “I feel okay” or “I didn’t see the car coming” can be twisted to dispute the claim.

7. Questioning Medical Treatment. Insurance companies may refuse to cover certain treatments, claiming they are unnecessary or too expensive. They might also argue that you waited too long to seek medical attention, implying that your injuries were not serious or were unrelated to the accident.

8. Using Biased Medical Examiners. If an insurance company requires you to attend an independent medical examination (IME), the doctor they choose may downplay your injuries or suggest that you have recovered faster than you actually have. These “independent” doctors are often hired repeatedly by insurance companies and tend to give opinions that favor the insurer.

9. Monitoring Social Media and Surveillance. Insurers sometimes monitor accident victims’ social media accounts or even hire private investigators to follow them. If they find pictures or videos that suggest you are not as injured as you claim—such as walking, lifting something, or engaging in physical activity—they may use this against you.

10. Misrepresenting Policy Coverage. Some insurers may mislead victims about their policy coverage, claiming that certain damages are not covered when they actually are. They may also fail to inform victims about additional coverage options, such as uninsured/underinsured motorist coverage, that could increase their compensation.

11. Disputing Future Costs. If your injuries require ongoing medical treatment, rehabilitation, or surgeries, insurers may try to limit how much they pay by arguing that future costs are speculative. Without strong medical evidence, it can be difficult to prove the full long-term impact of your injuries.

12. Shifting Blame to Another Party. In some cases, insurers try to reduce their liability by arguing that another driver, a pedestrian, or even the victim was partially responsible for the accident. By doing this, they attempt to lower the payout based on Texas’ comparative fault laws.

13. Delaying Property Damage Payments. Even if the injury claim is ongoing, some insurers will also delay paying for vehicle repairs or replacements, knowing that a lack of transportation can pressure victims into settling faster.

14. Claiming Gaps in Treatment. If a victim does not see a doctor immediately or misses follow-up appointments, the insurance company may argue that their injuries are not as serious as claimed. They use any gaps in treatment to suggest that the injuries were exaggerated or unrelated to the crash.

Understanding these tactics can help you protect yourself and avoid common mistakes when dealing with an insurance company.