Should I Hire a Personal Injury Lawyer Against My Car Insurance Company?

Why you need a personal injury lawyer

While hiring a personal injury lawyer might seem optional, a study conducted by the Insurance Research Council indicates that an insurance company is more likely to pay a victim represented by an attorney than one who is not. When an auto accident happens, and the claim is either denied or the amount paid out does not cover all damages, the financial burden placed on the policyholder is severe.

Although your insurance service provider is required by the law to act in good faith when handling your accident claim, this does not always happen. Normally, most auto accident victims seek to take the easy way out when they are negotiating a settlement with the insurance company.

How does my insurance company assess my claim after an accident?

Insurance companies normally have insurance adjusters who work in tandem with the company’s lawyers to assess your claim amount. The claims adjuster will then visit your property to conduct detailed investigations. It would be ideal if you also had a lawyer who will protect your interests.

The insurance company will then question you along with other parties involved in the accident to establish the cause of the damages and the subsequent claim. Photographs of the accident scene and accident reports will be critically analyzed. If you accept fault or give an inaccurate account of what happened or incorrect figures, the insurance company may use this as grounds to deny your claim or lower your claim amount.

On what grounds can I sue my auto insurance company?

Being injured in an auto accident or suffering property damage is quite difficult, but it becomes even more difficult if your insurer fails to meet their end of the bargain. Ideally, the insurance company should investigate and settle claims based on the findings. Once this duty is violated, your insurer may be liable in court on the following grounds:

Bad faith

Different states have varying notions of what constitutes bad faith. In Texas, an insurance company is deemed to have acted in bad faith if they knowingly place the insurer at a significant disadvantage in the claims process. When filing a bad faith claim, the plaintiff must demonstrate that the insurance company’s conduct was unreasonable.

Some of bad faith include:

  • Unreasonable delays – in some instances, the insurance company may drag out the claim processes in the hope that the policyholder will give up on the case. In Texas, an insurance company has 15 days to accept or deny the insurance claim.
  • Deceptive practices – an insurance company may fail to reveal the existence of a certain coverage to avoid paying you. Also, the insurer may fail to provide you with the necessary papers to file your claim in spite of a looming filing deadline.
  • Misrepresenting the policy language or the law
  • Failure to compensate for a valid claim
  • Failure to carry out a comprehensive investigation
  • Issuing threatening statements

Personal injury lawyer for bad faith insurance claims

Breach of contract

When suing an insurance company for breach of contract, you only need to show evidence that the insurance company failed to adhere to the terms and conditions of the policy.

How to handle your auto insurance claim denial

All insurance companies are profit-oriented, which means they will look for every loophole to manipulate facts in your claim to avoid compensating you. If your insurer denies your claim, ask them to provide their reason for denying it in writing. If you think your claim is still valid, consult an auto accident attorney that focuses on denied claims. If the personal injury lawyer establishes that you have sufficient grounds to dispute the claim denial, they will advise you to either take up legal action against them or use the insurer’s internal dispute processes to appeal.

Claim dispute resolution methods

Some of the methods your attorney may use to resolve the dispute include:

  • Negotiation – your attorney, may pressure your insurer into reopening the case and negotiate a fair settlement.
  • Small claim courts – your attorney may recommend this method if your claim is less than $10,000. Such claims courts do not require as much extensive knowledge of the court rules or the law as county or district courts.
  • Arbitration – some insurance companies have a provision allowing for arbitration on their policies as an alternative to a lawsuit. In an arbitration process, a neutral person or an arbitrator seeks to resolve the dispute.
  • Legal redress – if none of these methods work, your attorney will file a lawsuit against your insurer as a last resort.

Thompson Law has a team that specializes solely on bad faith insurance claims. Get in touch with us today via 844-308-8180 to have a personal injury lawyer do a free evaluation of your case.


No Win No Fee for Personal Injury Case

Recent Post

Photo of car accident on road. How to Determine Who is at Fault in a Texas Car Accident

What to Do After A Car Accident in Texas

After a car accident, it is essential to remain composed and follow certain steps to safeguard your rights. These steps will not only ensure your safety but also help you

Read More


How Does the Personal Injury Claims Process Work?

Suppose you or a loved one have been injured by some else’s negligence in an accident like a motor vehicle crash, workplace accident, or slip and fall. You might decide

Read More

Car Wreck Lawyer

When To Get A Car Wreck Lawyer

Following a car accident, you may be asking yourself, “When do I need a car wreck lawyer?” The answer: It is always worth contacting a car accident attorney. Start by

Read More

Personal Injury Claims

How Long Does a Personal Injury Lawsuit Take in Texas?

The first question that many new clients ask when they are beginning the process of hiring a personal injury claims lawyer is, “how long is my personal injury case going

Read More

insurance claim attorney

Minimum Car Insurance Requirements by State

Minimum car insurance requirements vary from state to state in the United States. Understanding the minimum car insurance requirements in each state is crucial for drivers, insurance seekers, and policyholders.

Read More

Punitive Damages are shown using a text - What are punitive damages?

What Are Punitive Damages?

Punitive damages are a type of financial compensation awarded in civil lawsuits. Unlike compensatory damages, which are intended to reimburse the plaintiff for actual losses such as medical expenses, lost

Read More

Truck Accident Guide

Injuries Commonly Sustained in Trucking Accidents

When a heavy truck collides with a passenger vehicle, the size and weight difference significantly increase the risk of serious injury or fatality for the passenger car's occupants compared to

Read More

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.