Claim disagreements

Step one: say why, in writing

TDI’s auto insurance guide says that if you disagree with the adjuster’s estimate or the amount the company is offering to pay, you should tell the insurance company why, and that you might be able to work things out by talking with the company or the adjuster.

A short written message helps. State the claim number, what you disagree with, what you think the right figure is, and the evidence: a shop estimate, photos, comparable vehicle listings, receipts, or a supplement the shop wrote after finding hidden damage. Ask for the company’s reasoning in writing in return. A calm, documented exchange often resolves more than a phone call, and it creates the record you would need for any next step.

Which company are you dealing with?

The options differ depending on whether the claim is on your own policy or against the other driver’s company. TDI notes that the Texas prompt payment deadlines apply to claims on your own policy, while another driver’s company is expected to act in good faith and try to settle quickly and fairly. TDI also says that if the other driver’s company refuses to pay, you can file with your own company if you have collision coverage; your company will probably try to collect from the other company, and you will usually pay your deductible.

Appraisal: only with your own company

TDI describes appraisal as a process for disputes about the amount of your claim. As TDI explains it:

• you and the insurance company each hire an appraiser;
• the two appraisers choose a third appraiser as an umpire;
• each appraiser estimates the amount of the loss;
• if the estimates differ, the umpire makes the final decision, which is binding on both you and the company;
• you pay for your appraiser and half of the umpire’s expenses.

TDI states that appraisal can be used only for disputes with your own insurance company, not with another person’s company. It is about the amount of a loss, not about whether the policy covers it. Read the appraisal clause in your policy for the exact procedure and any time limits before you invoke it, and weigh the cost of your appraiser against the amount in dispute.

A complaint to TDI

TDI says a complaint must be in writing and points to its Online Complaint Portal. It is candid about limits: its ability to help might be limited, and it cannot decide who was at fault in an accident or determine damage amounts. A complaint is most useful when a company seems not to be following the rules, for example missing claim deadlines on your own policy or not explaining a denial in writing. TDI’s Consumer Help Line is 800-252-3439.

When writing a complaint, include the company name, policy and claim numbers, a dated timeline, copies of key letters and estimates, and what outcome you are asking for. Leave out anything you would not want shared with the company, since a regulator usually asks the company to respond.

Court, including Justice Court

TDI says you might have to file a lawsuit to resolve the issue. It notes that if your claim is for less than $20,000 you can use Justice Court, which it describes as a court that handles small-claims disputes. TDI says you do not need an attorney there, that you have to pay a filing fee and other court costs in advance, and that you can get that money back if you win. It suggests calling your county justice of the peace office for more information.

Lawsuits have deadlines. The deadlines page describes the general two-year limitations period for many personal-injury suits in Civil Practice and Remedies Code § 16.003 and its stated exceptions, along with other time limits this site cites. Property damage and contract claims can have different periods. Do not assume a deadline from a summary.

Keep a dispute file

• All estimates, supplements, valuation reports, and photos.
• Every letter and email, with dates. Notes of phone calls: date, name, what was said.
• Policy declarations and the full policy, including any appraisal clause.
• Receipts for rentals, towing, storage, and other costs you are asking to be paid.
• The officer’s crash report, if one was made; see crash reports.

Watch for unsolicited offers to “handle it”

After a crash, some people receive calls or messages offering to take over a claim. Texas law restricts certain kinds of solicitation and makes it an offense for a person who is not a licensed lawyer to advise people, for an economic benefit, about whether to accept an offered settlement for personal injury or property damage. The calls and letters page explains what the statute says. This site does not endorse or refer to any lawyer, public adjuster, or appraiser.