FVF Law is a values driven law firm.

What Can be Done About Abusive or Negligent Adjusters in Texas?

“You have the right to be treated fairly and honestly when you make a claim.”

Consumer Bill of Rights, Personal Automobile Insurance

Dealing with insurance companies can be a stressful and unpleasant experience. If you encounter an abusive or negligent insurance adjuster during the claims process, it’s important to understand your options for holding them accountable.

A solid first step is to document all correspondence with the adjuster. This evidence is important to successfully prove you have been treated unfairly. The next step is to lodge a complaint with the insurance adjuster’s supervisor or manager, since the insurance company is not aware of the adjuster’s conduct. This can be done by contacting the insurance company’s customer service department.  If you continue to receive abuse or neglect from the insurance company, you can file a complaint with the Texas Department of Insurance.

A key function of the Texas Department of Insurance (TDI) is to help “resolve complaints against insurance companies, health maintenance organization (HMOs), insurance agents, and adjusters.”  TDI can help with the following types of complaints:

  • “Poor customer service late or slow payment of claims;
  • Policy cancellations and nonrenewals;
  • Improper claim denials;
  • Health care treatment or service denials
  • Poor customer service;
  • Misrepresentation about what a policy covers;
  • Discriminatory rate increases;
  • False or misleading advertising; and
  • Suspected insurance fraud.”

If you need assistance with filing a complaint you can call the TDI Consumer Help Line at 1-800-252-3439. You can also file a complaint online. After you file a complaint with TDI, they will contact the implicated company and attempt to remedy the problem. You will receive a letter from TDI letting you know they are working on the complaint. Typically, after 60 days you will receive a letter detailing the outcome of the complaint. If the adjuster broke state insurance laws enforcement action will be taken.

The Texas Department of Insurance is limited in certain ways. It can’t assign fault in an accident, make medical judgements, give legal advice, or settle disputes based on your word alone. If you are unhappy with the complaint’s outcome, then seeking out an attorney is a viable next step. An attorney can advise on whether litigation is an option, and outline any other legal recourse you can take. Many attorneys offer free consultations and offer their services on a contingency basis. This means you do not pay an up-front fee for legal services. The attorneys’ fees are taken from any financial sum resulting from a settlement or judgement.  In some instances, when bad faith can be shown, you might be able to seek a penalty against the insurance company and recover your attorneys’ fees.

You have a right for be treated fairly and honestly by adjusters. If you encounter an abusive or negligent adjuster take action to make sure they are held accountable.

 

References

  1. http://www.tdi.texas.gov/rules/2012/documents/Consumer_Bill_o1.pdf
  2. http://www.tdi.texas.gov/consumer/complfrm.html
Close

FVF

Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

Continue Reading

What Are the Steps in a Wrongful Death Suit?

No amount of money can compensate for the emotional scars left by the death of a loved one. However, if...

Personal Injury

What Are the Steps in a Commercial Vehicle Accident Lawsuit?

Few scenarios are as scary as being involved in a bad car accident. Dealing with property damage and physical and...

Car Accidents

What Is the Average Commercial Vehicle Accident Settlement?

Even the most minor car accidents can leave you feeling shaken. But when a commercial vehicle is involved, the experience...

Personal Injury