In 2024, Texas saw nearly 15,000 car crashes resulting in serious injuries. While being involved in a car accident can be scary, the drama doesn’t always end when you leave the scene. Often, the aftermath of trying to pursue compensation for damages by filing car accident claims can be just as stressful as the accident.
It can take months (and in some cases even years) to resolve a case and get the money you need to pay for ongoing medical treatment, repair your car, and make up for any lost wages. The following are some of the reasons why car insurers take so long to pay out the money victims need and deserve.
Incomplete Car Accident Case Documents
Car insurance companies need official documentation to help them establish a clear record of events, determine fault, and assess the extent of any damages. It’s important to make sure your insurance company gets your:
- Medical records
- Repair estimates
- Police reports
- Scene photographs
- Witness statements
Delays in communication with the insurance company may give it grounds to question the validity of a claim or even try to deny it altogether.
Disputes About Who Was at Fault
Texas uses a modified comparative fault rule when it comes to compensation. Under this rule, the insurance company will try to use investigative techniques to determine your “percentage of fault” in the accident. If it determines that your actions made you 51% or more at fault for the crash, you won’t be able to recover anything.
Even if you can pursue damages, your settlement may be reduced by your percentage of fault. In some cases, your insurance company may try to dispute the other driver’s liability by saying you were responsible for some (or even most) of the accident. That way, it can reduce or deny a payout.
Medical Treatment Delays
Insurance companies use medical treatment costs not only to try to determine fair compensation after an accident but also as proof of the severity of your injuries. If medical evaluation or treatment is delayed for any reason, the company may argue that your injuries weren’t as severe as you say or that inaction is what made your condition worse.
The longer you go without treatment, the harder it becomes to link your injuries directly to the crash. That connection is a crucial part of getting a fair settlement.
Low Payout Limits on Your Policy
In Texas, the minimum bodily injury liability coverage is $30,000 per person and $60,000 per accident. Unfortunately, this is often insufficient to cover medical bills for those with serious injuries.
These low limits dictate the maximum amount insurers will agree to pay out, leaving you responsible for making up the difference. This can complicate settlement negotiations and necessitate seeking compensation through other means.
Delay Tactics From Insurance Adjusters
Your insurance company may:
- Ask you for unnecessary documentation
- Keep asking for the same documents repeatedly
- Make frequent changes to the adjuster assigned to your case
- Keep making lowball settlements that it knows won’t cover your damages
Often, these are designed to pressure you into accepting less, as the companies know that delaying payments means mounting financial pressure for you.
Long and Drawn-Out Investigations
Your insurance company may take a long time to review the evidence or deliberately use slow systems to delay processing. It may claim it is looking into fraud or liability issues. This is yet another tactic to try to fabricate reasons for a denial or create unnecessary pressure so you are more likely to accept the first offer that comes your way.
A Lack of Strong Legal Representation
Your attorney can help you file the right paperwork and meet required deadlines. Additionally, experienced attorneys for car accidents thoroughly understand personal injury laws and the rights they afford you. Having an attorney to act as your advocate encourages insurers to act in good faith because they know their questionable tactics will be exposed and fought against.
FAQ
How Long Do Texas Insurers Have to Respond to Car Accident Claims?
According to the Texas Department of Insurance, your insurer has 15 days after you file a claim to acknowledge receipt and 15 days after getting all the requested documentation to decide whether it will pay the claim.
What Happens if My Car Accident Claim Is Denied Outright?
If the insurance company denies your claim, an attorney can help you appeal the decision, negotiate with the insurance company, request an external review from (or file a complaint with) the Texas Department of Insurance, or prepare to take an insurer or third party to court.
How Long Do I Have to Bring a Car Accident Lawsuit in Texas?
If you plan to file a suit, remember that Texas’s statute of limitations is two years from the date of your accident. If you don’t file a claim within this time period, your case may be dismissed, barring any allowable special circumstances (such as a victim being a minor or being declared incompetent).
How Our Attorneys for Car Accidents Can Help You Pursue Swift Justice
There are many reasons that insurance claims can take a long time, but unscrupulous tactics shouldn’t be one of them. When insurance companies give you the run-around or act in bad faith, it can impact your personal and financial well-being.
Our attorneys at Ramsey Law Group are deeply experienced with car accident claims and know how to respond when insurers don’t do the right thing. Whether you haven’t yet filed your claim or you are frustrated with the timeline, contact us today to see how we may be able to help you move your claim forward and pursue the compensation you need to get your life back on track.