When the at-fault driver’s insurance is stalling or lowballing you after a car accident, it is often a deliberate strategy to short-change you and protect their bottom line. If you’re being hassled by the at-fault driver’s insurance company, remember this: You have legal rights and options to fight for the fair compensation you deserve.
Key Takeaways for At-Fault Diver’s Insurance Stalling or Lowballing
- Insurance companies may intentionally delay claims or make low settlement offers as a business tactic to minimize their payout and protect their profits.
- A lowball offer is an initial settlement proposal that is significantly less than the true value of a person’s damages, often failing to cover future medical needs or lost income.
- The Texas Insurance Code requires insurance companies to handle claims within specific deadlines for responding, investigating, and paying.
- Thorough documentation of all medical treatments, lost wages, and communications with the insurance adjuster is fundamental to building a strong case for fair compensation.
- Accepting an early, low settlement offer usually requires signing a release, which permanently prevents the injured person from seeking any further compensation for that accident.
Why Do Insurance Companies Stall or Make Lowball Offers?
After a car crash in Dallas or Waco that wasn’t your fault, you might expect the other driver’s insurance company to be helpful. Unfortunately, that’s not always the case. It’s important to remember that insurance companies are businesses. Their goal is to make a profit, and one way they do that is by paying out as little as possible on claims.
When you file a claim, you will be assigned an insurance adjuster. This is the person who investigates the accident and determines how much the insurance company should pay. While they may seem friendly, their job is to protect the company’s financial interests.
Stalling or making a lowball offer are two of the most common tactics they use to achieve this goal. They may be hoping that you will become so frustrated or financially strained that you will accept any amount of money just to be done with the process. They are counting on you not knowing the full value of your claim or the rights you have under Texas law.
Recognizing Stall Tactics and Lowball Offers
Knowing what to look for can help you identify when an insurance company is not treating you fairly. These tactics are designed to put pressure on you so you will accept an offer that’s less than you deserve.
Common Stall Tactics You Might Encounter
Delaying a claim is a way for an insurance company to wear you down. They hope that the longer it takes, the more likely you are to give up or accept a lower offer out of desperation. Be on the lookout for these common signs of stalling:
- Poor Communication: The adjuster consistently fails to return your phone calls or emails for days or even weeks at a time.
- Repetitive Requests: They ask you to submit the same documents or information over and over again, claiming they never received them.
- Constant Reassignment: Your claim is passed from one adjuster to another, forcing you to explain your situation repeatedly and causing significant delays.
- Endless Investigation: They claim the accident is still “under investigation” for an unreasonable amount of time without providing any clear updates or reasons for the delay.
These tactics are not just frustrating; they can actively harm your ability to recover by preventing you from getting the money you need for medical care and living expenses.
How to Spot a Lowball Settlement Offer
Just as common as stalling is the lowball offer. This is an offer that is far below what your claim is actually worth. It’s a tactic to see if you will accept a quick, small payout and go away. Here’s how you can spot one:
- The Offer is Extremely Fast: The adjuster offers you a settlement within days of the accident, long before you or your doctors could possibly know the full extent of your injuries or the total cost of your medical treatment.
- It Ignores Future Medical Needs: The offer might cover your initial emergency room visit but completely ignores the potential need for future surgeries, physical therapy, or long term care.
- It Overlooks Lost Income: The amount doesn’t account for the time you had to take off work while recovering. It also fails to consider any future loss of earning capacity if your injuries prevent you from returning to your old job.
- It Fails to Mention Pain and Suffering: A fair settlement should compensate you not just for your financial losses, but also for the physical pain, emotional distress, and disruption to your life caused by the accident. A lowball offer almost never includes a reasonable amount for these non-economic damages.
An offer that doesn’t feel right is a signal that you need to take a closer look at the true value of your claim before making any decisions.
What Are My Rights Under the Law in Texas?
You are not powerless when the at-fault driver’s insurance is stalling or lowballing you. Texas has laws in place to protect consumers from unfair practices by insurance companies. The Texas Insurance Code, Chapter 542, outlines specific rules and deadlines that insurers must follow when handling claims. This is often referred to as the Prompt Payment of Claims Act.
Under this law, once an insurance company receives your claim, they have a limited amount of time to act. For example, they must acknowledge your claim, begin their investigation, and request any necessary information from you within 15 business days. Once they have all the information they need, they generally have another 15 business days to accept or deny your claim. If they are going to pay the claim, they must do so within five business days of accepting it.
When an insurance company violates these rules without a reasonable basis, they may be acting in bad faith. Bad faith means the insurer is not upholding its duty to treat you fairly. Whether your accident happened on the Margaret Hunt Hill Bridge in Dallas or on a quiet street in Waco, these state laws protect you. An insurer acting in bad faith could be held liable for additional damages, including penalties and your attorney’s fees.
Steps to Take When the At-Fault Driver’s Insurance Is Stalling or Lowballing
If you believe an insurance company is using unfair tactics, there are practical steps you can take to protect yourself and build a stronger case for the compensation you deserve.
Organize and Document Everything Meticulously
The single most important thing you can do is to be organized. Create a dedicated folder or digital file for everything related to your accident and claim. This file should include:
- Medical Records and Bills: Keep copies of every bill, doctor’s note, prescription receipt, and treatment summary.
- Proof of Lost Wages: Gather pay stubs and a letter from your employer detailing the days you missed and your rate of pay.
- Accident Evidence: This includes the police report, photos of the accident scene, vehicle damage, and your injuries.
- Communication Log: Keep a detailed record of every interaction with the insurance adjuster. Note the date, time, the adjuster’s name, and a summary of what was discussed.
This documentation serves as powerful evidence to counter the insurance company’s claims and prove the full extent of your losses.
Understand the Full Value of Your Claim
Before you can know if an offer is a lowball, you must first understand what your claim is actually worth. In a personal injury case, you can seek compensation for different types of losses, known as damages. Damages are the law’s way of trying to make you whole again after an injury.
- Economic Damages: These are the losses with a clear dollar amount attached. They include things like medical bills (past and future), lost wages, and the cost to repair or replace your vehicle.
- Non-Economic Damages: These are losses that are not as easy to calculate but are just as real. They compensate you for your physical pain, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
A fair settlement must account for both economic and non-economic damages. An experienced personal injury attorney can help you calculate these damages accurately to ensure you don’t leave money on the table.
Communicate in Writing and Be Careful What You Say
Whenever possible, communicate with the insurance adjuster in writing, such as through email. This creates a paper trail and prevents them from twisting your words or denying something they said over the phone. If you do have a phone conversation, send a follow-up email summarizing the discussion to create a written record.
You should also be very careful about what you say. Never give a recorded statement to the at-fault driver’s insurance company without first consulting a lawyer. Adjusters are trained to ask questions in a way that might get you to downplay your injuries or accidentally accept some of the blame for the accident. Anything you say can be used against you later to reduce or deny your claim.
The Role of a Personal Injury Lawyer in Insurance Negotiations
Dealing with a difficult insurance company on your own can feel like an uphill battle. This is where a skilled personal injury lawyer can make a significant difference. They level the playing field because they understand the law, the tactics insurance companies use, and how to build a case that forces the insurer to take your claim seriously.
A lawyer will handle all communications with the insurance company, so you no longer have to deal with the stress of their calls and emails. They will gather all the necessary evidence, consult with medical professionals to understand your future needs, and calculate the full and fair value of your claim.
Research has shown that accident victims who have legal representation often receive significantly higher settlements than those who do not. A lawyer sends a clear message to the insurance company: you will not be taken advantage of. If they refuse to offer a fair settlement, your attorney will be prepared to file a lawsuit and fight for you in court.
FAQ for At-Fault Driver’s Insurance Stalling or Lowballing
Here are answers to some common questions people have when dealing with difficult insurance adjusters.
What is the statute of limitations for a personal injury claim in Texas?
In Texas, the statute of limitations is the legal deadline for filing a lawsuit. For most personal injury cases, including car accidents, you have two years from the date of the injury to file a lawsuit, as established by the Texas Civil Practice & Remedies Code § 16.003. If you miss this deadline, you will likely lose your right to seek compensation forever.
What if the insurance company closes my claim without my permission?
An insurance company cannot legally close your claim if you are still receiving medical treatment or have not agreed to a settlement. If they tell you your claim has been closed, you should immediately send a certified letter stating that you are still injured and your claim is active. It is also a good time to consult with an attorney.
Can I cash a check from the insurance company and still ask for more money?
Almost never. When an insurance company sends you a check, it is usually accompanied by a “release of all claims” form. By signing this form and cashing the check, you are legally agreeing that this is the final payment and you are giving up your right to seek any more money for the accident, even if you discover later that your injuries are more severe than you thought.
What if my own health insurance paid for my medical bills? Does the at-fault party’s insurance still have to pay?
Yes. The at-fault party is responsible for your medical expenses, regardless of whether your health insurance initially paid for them. However, your own health insurance company may have a right to be reimbursed from your settlement. This is a legal concept called subrogation. An attorney can help negotiate with your health insurer to potentially reduce the amount you have to pay them back.
What should I do if the at-fault driver’s insurance adjuster asks for a recorded statement?
You should politely decline to provide a recorded statement until you have spoken with a lawyer. Insurance adjusters are trained to ask questions designed to protect the company’s interests, not yours. Your words could be taken out of context and used to argue that you were partially at fault or that your injuries are not severe.
An attorney can advise you on how to handle such requests and can communicate with the insurer on your behalf.
How is compensation for pain and suffering calculated?
There is no single formula for calculating pain and suffering, as these damages are subjective. Attorneys and insurance companies often use methods like the multiplier method, where your total economic damages (medical bills, lost wages) are multiplied by a number that reflects the severity of your injuries, the impact on your daily life, and the outlook for your recovery.
The goal is to arrive at a figure that reasonably compensates you for the physical pain and emotional distress you have endured.
What if I was partly at fault for the accident in Texas?
Texas follows a modified comparative fault rule, also known as proportionate responsibility. This means you can still recover damages as long as you were not 51% or more at fault for the accident. However, your compensation award will decrease by your percentage of fault.
Insurance adjusters may try to assign you an unfair percentage of blame to reduce their payout, making a lawyer’s protection more necessary.
Let Our Experienced Lawyers Take on the Insurance Company for You
If the at-fault driver’s insurance is stalling or presenting you with a lowball offer, you do not have to face them alone. You deserve a team that will stand up for your rights and handle the legal burdens so you can focus on what matters most: your recovery.
At Tyson Law Firm, we are dedicated to helping injured clients in Dallas and Waco hold negligent parties accountable. With over two decades of experience, we have a deep understanding of how to build strong cases and effectively negotiate with insurance companies. We work on a contingency fee basis, which means you pay no legal fees unless we recover compensation for you.
Contact us today at (214) 942-9000 or through our online form for a free, no-obligation consultation to discuss your case and learn how we can help you get the justice and compensation you deserve.
