In Texas, an insurance company usually must pay your claim within five business days of approving the claim.
There are generally three steps to the insurance process in Texas.
These steps are:
- Providing notice of the claim;
- Claim acknowledgment and investigation; and
- Claim approval or denial.
Once you file your claim, the insurance company has 15 days to acknowledge it and request documentation. In most cases, your claim must be approved or denied within 15 days of the date your insurance carrier receives all required documents.
In some circumstances, your insurance carrier can extend the time to approve or deny your claim by 45 days. You should talk to a Dallas personal injury attorney today to discuss the insurance process, your rights, and your options in more detail.
Providing Notice of the Claim
The first step in the insurance process is to provide notice of your claim.
You should provide notice of your claim to your insurance carrier immediately following an accident. Be sure to take photos of your vehicle to provide evidence of damages.
At this point, if you are considering a personal injury case, it is best to complete this step alongside an experienced personal injury attorney. Insurance adjusters are professionals, whose real purpose is to limit the costs of claims.
A seasoned attorney knows what information is necessary to obtain the best possible settlement and make certain the insurance company does not receive claim information that will work to your detriment or to which it is not entitled.
Claim Acknowledgment and Investigation Process
The second step in the insurance process is the acknowledgment and investigation process.
The investigation process provides the insurance company with 15 days from the date that you submitted your claim to:
- Acknowledge your claim;
- Begin its investigation; and
- Request any information it reasonably requires.
Once your insurance carrier has completed both the claim acknowledgment and investigation process, it may approve or deny your claim.
Insurance Claim Approval or Denial
The third step in the insurance process is the Texas insurance company’s approval or denial of your claim. Your insurance carrier has 15 days from the date they received all requested documents to make a determination on your claim.
The insurance company will often request unnecessary or non-relevant documents as a reason to delay a decision regarding your claim indefinitely. It often takes an attorney to force the insurance company to make a final determination regarding your claim. If your claim is approved, your insurance company has five days from that date to settle your claim in Texas.
Exceptions
In some circumstances, your insurance carrier can gain additional time to settle your claim. Your insurance company can get a 45-day extension to make a determination on your claim. Your insurance company must send you notice that it is using its 45-day extension and tell you the reason for the delay.
Penalties
An insurance carrier may be penalized under Texas law if they delay paying your claim for more than 60 days after receiving all requested documentation.
In this case, you may have the right to collect:
- The value of your claim;
- Attorney’s fees; and
- 18% annual interest.
The Texas personal injury attorneys at The Francis Firm can help you determine what penalties may apply to your case and get you the financial compensation you deserve.
How to Speed Up the Process
There are several steps you can take to speed up the insurance process. Steps that you can take on your own include:
- Knowing your policy;
- Documenting your claim carefully; and
- Submitting a complete, detailed proof of loss form to your insurance company.
Contacting a personal injury attorney in Texas is the most effective way to speed up the insurance process. The personal injury attorneys at The Francis Firm will push your insurance carrier to pay your claim within the statutory time limits.
If your insurance carrier fails to do so, we will fight to get you the compensation you deserve. Michael Francis is Board Certified in Personal Injury by the Texas Board of Legal Specialization and has experience battling insurance companies.
To ensure that your rights are protected and to navigate the complexities of the insurance claim process, it is crucial to act promptly and strategically. The Texas insurance laws are designed to safeguard policyholders, but insurance companies often seek to exploit technicalities or delays to minimize their payouts. Understanding your policy and the statutory deadlines for claim processing is the first step in securing a fair settlement.
Why Legal Representation Matters
While you can take steps on your own to expedite your claim, having a seasoned attorney by your side can significantly enhance the likelihood of a favorable outcome. Insurance companies employ adjusters and legal teams who are experts in minimizing claims. Without experienced legal representation, you may find yourself at a disadvantage, facing unnecessary delays, or even unjust denials.
A knowledgeable personal injury attorney can:
- Advocate on your behalf: Your attorney can communicate with the insurance company, ensuring that your claim is processed efficiently and within the legal timeframes. They can also push back against unnecessary document requests or other tactics that delay the claim process.
- Maximize your compensation: An attorney will work to ensure that all aspects of your claim are fully documented and that you receive the maximum compensation to which you are entitled. This includes considering future medical expenses, lost wages, and other long-term impacts.
- Hold the insurance company accountable: If the insurance company fails to adhere to Texas laws regarding claim processing, your attorney can take legal action to enforce your rights. This may include pursuing penalties, interest, and attorney’s fees on your behalf.
Taking Control of Your Insurance Claim
To prevent delays and ensure a smooth claim process, it is essential to be proactive:
- Understand your insurance policy: Familiarize yourself with the terms of your policy, including what is covered and the steps required to file a claim.
- Document everything: Keep detailed records of all communications with the insurance company, including emails, letters, and phone calls. Take photos of any damages and keep receipts for any expenses related to your claim.
- Seek legal counsel early: The sooner you involve an attorney, the better your chances of avoiding pitfalls in the claim process. An attorney can guide you through the process from the outset, ensuring that all documentation is accurate and complete, and that deadlines are met.
By taking these steps, you can better protect your rights and increase the likelihood of a timely and fair resolution to your insurance claim. The personal injury attorneys at The Francis Firm are dedicated to helping clients navigate the complexities of the insurance process and are ready to fight for the compensation you deserve. With their expertise, you can move forward with confidence, knowing that your case is in capable hands.
If you’re facing delays or challenges with your insurance claim, don’t wait—contact The Francis Firm today to discuss your case and explore your legal options.
Contact us today to schedule a free consultation.