Respected Texas Consumer Watchdog Group Also Smells Something Rotten
Texas Watch is a reputable consumer advocacy group that has lately turned more of its attention to auto insurance issues and their trend of higher denials, including higher UI/UIM denials by the more reputable firms as well. The group says that unethical minimum coverage companies have an advantage because they undercut regular insurers on price largely because of their claims payment practices. A spokesman says “the business model is they drag their feet and make it as difficult as possible for the claimant to collect in hopes they will take a low-ball offer or give up.” About our car accident attorney in San Antonio
In one year, Texas Watch completed a survey of customer complaints when filing damage claims against auto insurers in Texas. The largest complaint types and their percentages were:
Delays in handling claims: 36.7%
Unsatisfactory offers: 21.8%
Denial of claims: 16.3%
Customer service: 10.5%
In a UIM claim, things can get very complicated for non-attorneys. For an underinsured claim to be valid you have to show that you exhausted the other available policies. In other words, if you have $100,000 in total damages and the negligent driver has a policy limit of $60,000, you have to get all $60k, or your UIM claim will be viewed by your insurance company (if you have UM/UIM coverage) as invalid.
It is very easy for the defendant’s insurer to pay you only a large percentage – but not the full value – of their policy. But the fact that you didn’t collect full value makes it impossible for your UIM claim for the difference to be honored by your carrier. And there are a few well-known insurance carriers on that top-10 list that is kept by the Texas Department of Insurance; firms you would think would not be on that list.
In short, it is all the more important to have our experienced San Antonio auto accident lawyer help you with both claims (the liability claim against the negligent driver and the UM/UIM claim against your own insurance provider since your success lies in collecting full damage value from both. In cases where you successfully get the other party to tender policy limits, thereby exhausting that policy, you still encounter the difficulties of your company’s insurance adjuster’s alleged ignorance with regard to Texas laws, particularly the Texas Deceptive Trade Practices Act.
So your claim then becomes a contract issue between you and your carrier rather than a tort issue. And unlike inexperienced law firms, our Law Firm knows how to leverage a TDTPA violation claim against an insurer (either the other guy’s or yours) to do the right thing and pay both of your legitimate claims when you have been hit by an underinsured motorist.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your auto accident case, call our Law Firm now for a free consultation and find out how we can help you.