Houston Car Insurance Injury Claim Lawyer

We have helped people injured in car accidents since 1985. Call to see if we can help you, too!

By Greg Baumgartner of Baumgartner Law Firm

Greg Baumgartner Houston car insurance injury claim lawyer If an insurer denies your injury claim, stops responding, or makes an offer that leaves important losses unpaid, the next step depends on whose policy is involved. A claim against the other driver’s insurer follows different rules from a claim under your own coverage.

When I review an insurance dispute, I begin with the reason the company gives for its position. Then I compare that reason with the crash evidence, medical records, and policy when needed. Our firm helps people with serious Houston car accident injuries challenge unsupported decisions and understand their options.

Please note: we only handle INJURY claims, not property-damage claims

Which insurer is handling your injury claim

Issue

Other driver’s liability insurer

Your own auto insurer

What the claim seeks

Payment for harm caused by its insured driver

Benefits available under your policy

What needs proof

The driver’s fault, injuries caused by the crash, and damages

Your right to the specific benefit and the proof it requires

If a lawsuit is needed

Usually against the responsible driver or another liable party

May involve a claim against your insurer, depending on coverage and the dispute

Your own policy may include personal injury protection, medical payments, or uninsured and underinsured motorist coverage. The rules differ for each type. Our guide to UM and UIM injury claims explains these benefits in more detail. The Texas Department of Insurance auto guide describes the main types of coverage.

When the insurer denies your injury claim

Ask for the exact reason in writing. A dispute about who caused the crash differs from a claim that your treatment was unrelated or that the policy doesn’t cover the loss. Each needs a different response.

  •       Fault dispute: Compare the denial with photos, video, witness accounts, and the crash report. The report is one piece of evidence, not a final court decision.
  •       Injury dispute: Review what changed after the crash, the doctors’ findings, and any prior condition. Our guide to car accident injury records explains why that timeline matters.
  •       Coverage dispute: Ask which policy provision the insurer relies on and how it applies to these facts. Review the actual policy and endorsements.

A prior back problem or a gap in treatment doesn’t end a case. I want to understand what the records show and why the gap occurred. Always give your lawyer your full medical history so they can address the insurer’s defensive arguments.

When the at-fault driver was intoxicated, the insurance investigation may involve additional evidence and potentially other responsible parties. Our guide to insurance claims involving drunk drivers explains how we investigate these crashes and identify available sources of compensation.

When the injury claim is delayed

Ask what remains unresolved, which documents are missing, and whether the company received what you already sent. Keep a dated record of submissions and follow up in writing. A specific request for information is easier to address than repeated calls with no clear explanation.

Texas rules on claim payments set time limits for some claims under your own policy. The applicable limit depends on the claim type and when the company receives notice and proof. UM and UIM claims have added issues. Those limits do not apply to a liability claim against the other driver’s insurer.

Follow your policy’s rules for reporting the crash and helping with the claim. Ask for advice about requests that are unclear or too broad. Settlement talks and an insurance complaint do not by themselves give you more time to file suit.

When the settlement offer is too low

A low offer calls for proof of the losses it leaves out. I check whether the offer accounts for your treatment, future care your doctors expect, missed pay, and lasting limits. I also check any claim that you share fault and the insurance available to pay.

If the adjuster disputes future treatment, another copy of the emergency room bill may not answer that concern. A doctor’s explanation of the need and likely cost may help. If wage loss is disputed, work restrictions and pay records may matter more than a general statement that you missed work.

Our Houston car accident settlement value guide explains how the losses, evidence, and insurance affect an offer. Before signing a release, understand what it settles, any deductions from the payment, and any remaining bills. An offer can be fair or unfair on its facts; being the first offer does not decide that.

What to provide when you ask me to review the claim

You do not need a perfect file before calling. Bring what you have, especially:

  •       The denial letter or written offer, plus important emails and texts.
  •       The claim number, adjuster’s contact information, and a short timeline of the dispute.
  •       Your policy and coverage summary if your own insurer is involved.
  •       Available crash evidence, medical records, bills, and proof of missed income.

The first question I want to answer is what is holding up this claim. Then we can decide what proof is needed and which policies may apply. We can also discuss whether the next step is a demand backed by that proof or a lawsuit.

Questions about disputed car insurance injury claims

Can I sue the other driver’s insurance company?

Usually, you sue the driver or another party that caused the crash. Talking with that driver’s insurer does not usually give you a direct bad faith claim against it. Texas claim settlement rules distinguish claims by people covered by a policy from claims against those people.

Can I sue my own insurer for denying a claim?

Sometimes. We need to assess your policy, the facts, and the rules that apply to your claim. A denial or dispute over value does not by itself prove bad faith. UM and UIM claims require proof of the other driver’s fault, your losses, and your right to benefits.

Should I give a recorded statement?

Get advice before giving a recorded statement or signing a broad medical release. Your policy may require you to help your own insurer with the claim. Those duties differ from a request by the other driver’s insurer. Tell the truth, avoid guessing, and make sure you understand the request.

Will an insurance complaint resolve the dispute?

A complaint may help with a problem with your own insurer. It does not replace an injury claim. TDI says it cannot decide fault and generally cannot help with complaints against another person’s insurer. Its auto insurance complaint instructions explain the limits and steps.

Does Baumgartner Law Firm handle vehicle damage only?

No. We focus on injury cases and do not accept claims involving only vehicle damage. If you were hurt and an insurance dispute is affecting your injury claim, contact us.

Talk with Greg Baumgartner about your insurance dispute.

I founded Baumgartner Law Firm in 1985 and accept a limited number of serious injury cases so I can stay involved in the investigation and settlement decisions. I will review what the insurer says, explain the key issues, and discuss whether we can help.

Call (281) 587-1111 or request a free injury claim consultation. We don’t take an attorney fee unless we recover money for you.

 

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Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

 

Related Resources for Your Car Accident Injury Claim

These guides can help you decide when to get legal advice and understand your options if a business vehicle was involved in the crash.

Unsure whether you need a lawyer? Read about signs you should get legal help after a car accident, including serious injuries, disputed fault, and pressure to settle before your medical needs are clear.

Was the other driver working at the time? Explore injury claims involving company vehicles to understand when an employer may be responsible and which insurance policies may apply.

testimonials
Client Reviews
Mayra T
Houston Personal Injury Victim
Mr. Greg is a great personal injury lawyer. Looking for the best help? Call Baumgartner Law Firm!
Brian Wilson
Houston Personal Injury Victim
I highly recommend this law office. Greg Baumgartner is knowledgeable, dependable, honest and truly has the client’s best interests at heart.
Callie M
Houston Personal Injury Victim
Greg, a personal Injury Lawyer at Baumgartner Law Firm represented me in my personal injury case. I am very happy with the case result. Baumgartner is a GREAT law firm with GREAT people. They get RESULTS.
Cindy S
Houston Personal Injury Victim
My experience with Baumgartner law firm was excellent. They took the time to hear my concerns and kept me informed throughout the process. They fought for the best resolution for my case. Working with Greg and Lissa gave me peace of mind in a scary and stressful situation. I highly recommend their services.
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