Dealing With Insurance Companies After a Fort Worth Car Wreck

Our car accident lawyers know the process and what details to look for

All too often, insurance companies will try to minimize the amount they pay on a car accident claim by engaging in unethical negotiation tactics. Some representatives might try to push you into accepting a "low ball" claim before the true extent of your injury is known. Others may try to act like they're your friend looking out for your best interests. They're not.

Don't let big insurance companies - or the statisticians, adjusters, and teams of lawyers they hire to keep money out of your pocket - bully you into collecting less compensation than you deserve for your car accident. At Coby L. Wooten, Attorney at Law, P.C., our car accident lawyers are familiar with all the tactics insurance companies use. We know how to fight back in order to get you the compensation you rightfully deserve. Attorney Wooten is personally involved in all negotiations.

“Attorney Coby Wooten is very professional, informative throughout the entire case. I highly recommend him!” – TV, ⭐ ⭐ ⭐ ⭐ ⭐

Google Average Rating: 4.9/5 stars, 131 reviews

What to do when dealing with insurance company adjusters

Insurance adjusters will make endless arguments about why they should not have to pay your claim. They may point the finger at you and claim you were at fault, that your injuries aren't as severe as you claim, or insist you didn't follow proper protocol in filing your claim or paperwork. They might claim a police report wasn't filed, that medical records reveal a preexisting condition before an accident, or that there were no witnesses that could prove the negligence of another driver.

Soon after a crash, you may be contacted by an adjuster from the insurance company for the other driver. They may say they are just following up and only want to ask you some questions. But it’s important to remember that they are not on your side. What they are really doing is trying to get you to say something that makes it seem like you are accepting blame.

Whatever insurance company you are dealing with – State Farm, Progressive, Allstate, Mercury, or another insurer – it’s important to have an experienced attorney on your side who can protect your rights.

What is the process for filing a car accident insurance claim in Texas?

Dealing with a car accident claim involves several steps, and it’s important to follow the proper process to protect your right to compensation. Here’s an overview of how a claim and lawsuit typically progress in Texas:

Report the accident and gather evidence

After a crash, call the police and get a crash report. Document the scene if possible (photos, witness contacts) and seek medical attention. Promptly notify your insurance company about your car accident.

File an insurance claim

You can file a claim with the at-fault driver’s insurance (third-party claim) or with your own insurer if using personal injury protection (PIP) or uninsured motorist coverage. Provide the insurance adjuster with necessary information but be cautious with your statements (stick to the facts and avoid admitting fault).

Investigation and negotiation

The insurance company and your attorney will review police reports, medical records, and evidence. Insurance may ask for a recorded statement, which you are not obligated to give. It’s often wise to let a car accident insurance lawyer handle communications. Coby L. Wooten can compile documentation of your damages (medical bills, lost wages, etc.) and present a demand for a fair settlement.

Settlement offer

In many cases, insurance companies will respond with a settlement offer. Be careful, as the first offer is often much lower than what you deserve. Evaluate any offer with your attorney. If the offer is reasonable, your lawyer can help finalize the settlement. Remember, once you accept a settlement, you typically can’t ask for more later​.

Filing a lawsuit

If the insurance company refuses to offer a fair amount, the next step is to file a lawsuit. Your attorney will draft a legal complaint against the at-fault party (and indirectly their insurer) and file it in the appropriate Texas court. This begins the litigation process.

Litigation (discovery & mediation)

After a lawsuit is filed, both sides engage in discovery. This is where they exchange evidence, take depositions (sworn statements), and build their cases. Insurance companies have lawyers who will use this phase to try to diminish your claim. Our legal team will be equally aggressive in gathering crash reports, consulting experts, and interviewing witnesses to strengthen your case. Often, mediation or settlement talks occur during this phase. We continue to negotiate, but only for a settlement that meets your needs.

Trial

If no fair settlement is reached, your case goes to trial. At trial, we present evidence and arguments on your behalf. A jury or judge then decides the outcome and any compensation. While trials take longer and have risks, they can result in higher compensation when an insurer has been unreasonable. For example, if an insurance company lowballs your claim, a jury could award significantly more.

In one case, Attorney Wooten secured a jury verdict in a wrongful death lawsuit for $3.65 million, a result that far exceeded the insurer’s pre-trial offer. This willingness to sue and go to trial, when necessary, is often what compels insurers to pay appropriate amounts.

What tactics do insurance companies use to reduce your compensation?

Insurance companies are businesses focused on protecting their profits. Unfortunately, that means their adjusters sometimes resort to sneaky tactics to reduce or deny legitimate claims​. Knowing these tactics is the first step in defending against them. Common strategies include:

• Denying liability or coverage: An insurance company might flat-out claim their driver wasn’t at fault or that your particular situation isn’t covered under the policy. They might do this with or without a valid reason​, hoping you’ll give up.
• Blaming you: Adjusters may argue you caused or contributed to the crash. This is an attempt to use Texas’s modified comparative fault rule to their advantage. The more fault they pin on you, the less they have to pay​.
• Downplaying your injuries: It’s not uncommon for insurers to question the severity of your injuries. They may suggest your pain is from a pre-existing condition or that you’re exaggerating. They’ll scrutinize medical records for any hint of a prior injury to argue your treatment wasn’t all accident-related​.
• Claiming procedural mistakes: Insurance companies might allege you didn’t follow proper protocol. For example, saying you failed to report the accident promptly, didn’t file the claim on time, or didn’t get a police report.
• Delaying and stonewalling: A very common tactic is to delay the processing of your claim. Adjusters might take a long time to respond, “lose” your paperwork, or keep requesting the same documents repeatedly to wear you down​.
• Lowball settlement offers: Perhaps the most common tactic is offering a quick, low settlement soon after the car accident. The adjuster may come across as sympathetic and say something like, “We want to help you – here’s the best we can do.” In reality, it’s a fraction of what your claim is worth​. They hope you’ll take the money and waive your rights before you realize the full extent of your injuries. So, never accept a settlement without first speaking to a car accident insurance lawyer.

Should you talk to the insurance company at all?

You do have to cooperate with your own insurance company to some extent, but even then, watch what you say. You don’t have to talk to the other driver’s insurance company at all.

When speaking with an insurance adjuster or any other insurance company representative, it's important to be very careful what you say to them. Never give an adjuster a written statement.  Do not agree to give a recorded statement. You are not even obligated to answer any of their questions. Your right to compensation could be put in jeopardy.

If approached by an insurance adjuster, it’s best to politely decline to answer any questions or give a statement. Explain you would like to get legal advice first. Then contact a Fort Worth car accident attorney immediately. An aggressive, determined Fort Worth car accident lawyer can deal with the insurance company so you can focus on what really matters: your recovery.

What should I do if my claim gets denied?

If your car accident insurance claim is denied, it doesn’t mean you’re out of options. The key is understanding why your claim was denied and taking the right steps to fight back.

First, carefully review the denial letter. Insurance companies must provide a reason for rejecting your claim. It could be a dispute over fault, a policy exclusion, or missing documentation. Identifying the issue is the first step in determining how to respond.

Next, gather supporting evidence to challenge the denial. This could include police reports, medical records, witness statements, or proof of premium payments. If the insurance company made an error or misunderstood the facts, submitting additional documentation might resolve the issue.

If the denial seems unfair, challenge it. Texas law prohibits insurance companies from denying claims without a valid reason. If the insurance company is misrepresenting policy terms, wrongly placing blame on you, or refusing to pay without justification, you can push back with an appeal or demand letter.

At this stage, it’s often best to consult a car accident lawyer in Fort Worth. Attorney Coby L. Wooten can assess whether the insurance company is acting in bad faith by unreasonably delaying, misrepresenting coverage, or wrongfully denying a valid claim. If necessary, Coby can file a lawsuit and force the insurance company to reconsider or face legal consequences.

Finally, stay persistent and organized. Keep records of all communications, and don’t let the insurance company intimidate you into giving up. Many claim denials are tactics to reduce your compensation. Having a Fort Worth car accident insurance lawyer on your side increases your chances of overturning a denial and getting fair compensation.

Let us protect your rights. Contact Coby L. Wooten, Attorney at Law, P.C. today

Some attorneys tell clients what they want to hear. Coby L. Wooten, Attorney at Law, P.C. is a Fort Worth accident attorney who puts people first. Your case is about more than just money. It's about justice. It's about holding negligent parties responsible for their actions.

Our legal team builds strong cases that are built on facts. We investigate your crash to gather important evidence. We carefully review accident reports, medical records and other documentation. We identify and interview witnesses and if needed, consult accident reconstruction experts. Our team takes nothing for granted.

We also determine the total damages you suffered as a result of the crash. These include current and future medical expenses related to your injuries, lost wages and other damages such as pain and suffering. Then we demand the financial compensation you deserve.

But we’re not interested in quick deals that help the insurance company money. Any resolution of your case has to be one that meets your needs. If the insurance company won’t agree to a settlement that works for you, we’re prepared to take them to court.

Insurance companies have lawyers looking out for their best interests. You need an experienced attorney who will fight for you. And if we represent you, there are no upfront fees or other charges that you need to pay. We work on a contingency fee basis. That means you owe us nothing unless we recover compensation for you from a negotiated settlement or a jury verdict.

Case results matter here - and so do you. Contact us today. Call (866) 408-0940 to schedule an appointment at our Fort Worth office. Your initial consultation is free and since we work on a contingency fee basis, you don't owe us a dime unless we win your case. You will also deal directly with an attorney. We don’t have case managers here. Put more than 30 years of legal experience to work for you.