Texas Car Insurance Lawyer

What Else Can Be Covered by Auto Insurance?

Beyond standard protection, these additional coverages frequently face claim denials despite being clearly specified in policy terms and conditions.

• Gap insurance: This covers the difference between your car's value and what you owe when your vehicle is totaled, but insurers often provide artificially low vehicle valuations.
• Rental car reimbursement: This coverage should provide temporary transportation while your vehicle is being repaired, but companies commonly limit daily rates or total coverage periods despite policy promises.
• Roadside assistance: This option provides help with breakdowns, towing, and lockout services. Claims are frequently denied for technical reasons or policy misinterpretations.
• Medical payments coverage: This coverage supplements health insurance for accident-related injuries regardless of fault. Insurers routinely challenge the necessity of treatments or their connection to the accident.

Why Car Insurance Claims Get Denied in Texas

Texas Transportation Code § 601.072 requires all drivers to carry minimum liability insurance — typically 30/60/25 coverage, meaning $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage.

While this protects others if you're at fault, it doesn't guarantee your own losses will be covered unless you have additional coverage like collision or comprehensive.

Insurance companies may deny your claim for several reasons, including:

• Policy exclusions or lapses in coverage: If your coverage was inactive due to nonpayment or your policy includes specific exclusions, the insurer may legally reject your claim.
• Alleged fault in the accident (disputed liability): The insurer may argue that you were at fault or partially responsible, which can reduce or eliminate your payout.
• Late reporting of the accident or damages: Most policies require prompt notice of an accident, so delays in notifying your insurer can violate policy terms.
• Insufficient documentation: Missing estimates, photos, or reports may lead to claim denial or reduced payout.
• Alleged misrepresentation during the claim process: Inaccurate or incomplete information may be seen as a policy violation or fraud.
• Pre-existing damage or wear and tear: The insurer may say damage existed before the reported accident.

Texas insurers are regulated by the Texas Insurance Code § 542.003, which prohibits unfair claim settlement practices such as delays, underpayments, or unwarranted denials. If your insurer delays, underpays, or denies a valid claim without justification, it may be acting in bad faith, and you may have legal grounds to pursue damages.

Statute of Limitations for Auto Insurance Claims in Texas

According to Texas Civil Practice and Remedies Code § 16.003(a), the statute of limitations for filing a property damage claim after a car accident is two years from the date of the incident. If you don’t take legal action within this timeframe, you may lose your right to recover compensation — even if your claim is otherwise valid.

Aside from the legal deadline, most insurance policies have internal deadlines that are much shorter. These can include timelines for reporting the accident, submitting repair estimates, or notifying the insurer about your intent to file a claim. Missing these policy-specific deadlines can hurt your case just as much as missing the legal ones.

How Can Omar Ochoa Law Firm Help with Your Auto Insurance Claim?

If your legitimate vehicle insurance claim has been unfairly denied, delayed, or underpaid, our experienced attorneys can take decisive action to protect your rights and pursue the full compensation you're entitled to receive.

Our comprehensive approach includes:

• Policy review: We thoroughly examine your insurance policy to identify all applicable coverages and explain your rights in clear, understandable terms.
• Challenging denials: Our attorneys directly confront improper claim denials and delays, holding insurance companies accountable to their contractual obligations.
• Strategic negotiation: We leverage our experience to negotiate effectively with insurance adjusters, often securing fair settlements without protracted disputes.
• Litigation when necessary: If insurers refuse reasonable settlements, we don't hesitate to file lawsuits to enforce your claim and pursue the full compensation you deserve.

Dealing with insurance companies after an accident adds unnecessary stress to an already difficult situation. Let us handle the complex legal aspects of your auto claim while you focus on moving forward with your life.