10 Nov
Before accepting an insurance offer after a car accident, ask for the proposal and any release in writing. Find out what the payment covers, how the insurer calculated it, and which claims you would give up by accepting.
An offer may help resolve the expenses from a Texas crash, but the amount alone doesn’t tell you whether it is appropriate. A payment for vehicle repairs raises different questions from a settlement intended to close an injury claim.
Find Out Exactly What the Offer Covers
Start with a direct question: “Is this payment for my vehicle, my injuries, or both?”
Ask the adjuster to identify the claim being resolved and provide the supporting estimate or calculation. If the explanation is unclear, request clarification before responding.
Make a short list of unresolved issues. Perhaps the repair shop hasn’t completed its inspection, you’re still receiving treatment, or rental expenses are missing. Put those questions beside the offer so you can address them individually.
Read the Release Before Accepting Payment
A release describes the claims you agree to give up. Texas’s Office of Public Insurance Counsel warns that signing an injury release generally ends your ability to obtain additional money for the released injury claim. It also advises reading checks and other documents carefully. www.opic.texas.gov
Don’t assume a document covers only vehicle damage because that was the subject of your last conversation. Ask about language addressing injuries, unknown claims, or all claims arising from the accident.
Before signing, accepting an electronic settlement, or depositing a payment presented as final, understand the accompanying terms. If you have already accepted something, save the documents and get advice about their effect.
Review Your Medical Situation
For an injury offer, ask your treating provider whether further evaluation or treatment may be needed. The Texas Department of Insurance recommends discussing future medical care before signing an injury release. www.tdi.texas.gov
Gather the records you currently have. Useful items include bills, treatment recommendations, work restrictions, and documentation of missed work. Mark any bills or reports you are still waiting to receive.
Medical decisions should follow your health needs. For settlement review, the question is whether you understand those needs well enough to assess what the offer would resolve.
Check the Vehicle Estimate or Valuation
For repairs, compare the insurer’s estimate with the shop’s findings. Ask the shop to identify missing work and explain any price differences. TDI recommends discussing additional damage or estimate differences with the insurer. www.tdi.texas.gov
For a total loss, request the valuation used to calculate the offer. Check the vehicle’s trim, mileage, equipment, and condition. TDI suggests using local listings or dealer quotes for comparable vehicles to support a disagreement about value. www.tdi.texas.gov
A specific correction gives the adjuster something to review. “The valuation lists the wrong trim” is more useful than saying only that the amount feels low.
Respond With Documents and Clear Questions
If you disagree, explain why in writing. Identify each disputed item, attach the relevant record, and ask for a revised explanation or offer.
Keep the response manageable. You might organize it around the repair estimate, an omitted expense, and an unresolved medical question. Save a copy of everything you send.
For certain damage-amount disputes with your own insurer, your policy may offer appraisal. That process has costs and does not necessarily resolve coverage disagreements. It is not available as a way to compel appraisal against another driver’s insurer. www.tdi.texas.gov
Ask What You Would Actually Receive
Before deciding, request a clear explanation of the payment arrangement. Who is receiving the check? Are any amounts being paid directly to a repair shop or another recipient? What expenses remain unresolved?
If you have an attorney, ask for an explanation of anticipated deductions and any outstanding payment or reimbursement issues. Don’t estimate your take-home amount from the headline offer alone.
Keep questions about the amount separate from questions about the release. Both need answers before you can make an informed decision.
Track Deadlines While Reviewing the Offer
Texas generally gives a person two years from accrual to bring a personal-injury lawsuit, although exceptions and other requirements can apply. Have the deadline for your circumstances checked rather than relying on a general rule. tcss.legis.texas.gov
If the offer includes an expiration date, ask what that date means and request any needed extension in writing. Don’t assume an ongoing conversation protects every deadline.
For claim-handling concerns, TDI can request an insurer’s response and review compliance issues. A complaint does not guarantee a higher payment. www.tdi.texas.gov
How Parks Law Firm Can Help
Parks Law Firm can review an accident-related injury offer, examine the proposed release, and explain questions about supporting records and available coverage.
Bring the offer, correspondence, and records you have. The firm can help you understand what remains unresolved and discuss your options before you decide.
Important Note
This article provides general information and does not constitute legal advice. Rights, coverage, deadlines, damages, and settlement outcomes depend on the specific facts, policy terms, and applicable law.
