Expertise for Your Total Loss Insurance Claim in Texas
Nava Law Group specializes in helping accident victims navigate their total loss insurance claim in Texas. We know that receiving a low-ball insurance offer after an auto accident can leave you feeling frustrated and powerless. This offer is supposed to cover your vehicle’s actual cash value (ACV), but it frequently falls short of what you need to purchase a comparable replacement. In Texas, you have the right to challenge the insurer’s valuation, so it is essential to know how to fight a low insurance offer in Texas. Learn more about our car accident settlement tips below.
1. Gather Evidence of Your Car’s Value
When dealing with a low-ball insurance offer after a car is totaled, remember that the insurance adjuster’s valuation is just one perspective. To secure a fair payout, you’ll need to present your own evidence to support your car’s actual market value. Here’s how to gather evidence for Texas car insurance disputes:
- Start with Independent Research—Use trusted valuation tools like Kelley Blue Book and NADA Guides to estimate your car’s worth. Ensure that you enter the correct trim level, mileage, features, and condition as they were before the accident.
- Find Comparable Listings Locally—Search for vehicles with the same make, model, year, mileage, and condition in your area. Save or print these listings as proof of your car’s current market value.
- Include Upgrade and Maintenance Receipts—Gather records for recent work, like new tires, battery replacements, or significant repairs. These improvements add to your car’s value and should factor into the settlement.
2. Consider Getting an Independent Appraisal
If your research shows a significant difference between your car’s actual value and the insurance company’s offer, pursuing an independent appraisal can strengthen your position. Here’s what to do:
- Consider an Independent Appraisal—A certified appraiser can inspect your vehicle (or its remains) and offer a professional valuation report. This unbiased opinion often holds more weight in Texas car insurance disputes than online estimates alone.
- Use the Appraisal Clause in Texas—Texas law lets you invoke the appraisal clause in your auto policy if there is a value dispute. You and the insurer hire separate appraisers, who attempt to agree on a value or, if they are unable to do so, involve a neutral umpire.
- Understand the Investment and Impact—You will be responsible for your appraiser’s fee, but this cost can pay off if it results in a higher settlement. Initiating this process also signals to the insurer that you’re serious about contesting their low offer.
3. Identify and Counter Unfair Tactics
When negotiating with an insurance company, it’s essential to recognize the tactics they may use to justify a low-ball insurance offer. For example, insurers may rely on third-party valuation services that list lower-value vehicles as “comparable.” Here’s how to counter in Texas car insurance disputes:
- Request and Review Their Valuation Report—Ask the adjuster for a full copy of their valuation report to see which vehicles they used. Review each listing carefully and note any significant differences between it and your own vehicle.
- Counter with Accurate Local Listings—Present local for-sale listings that closely match your car’s make, model, year, mileage, and condition.
- Challenge Low Condition Ratings—Adjusters may downplay your car’s condition to justify a lower offer, rating it as “fair” instead of “excellent.” Use maintenance records, receipts, and pre-accident photos to demonstrate your care.
- Include Expert Support When Possible—A written statement from your mechanic detailing the car’s pre-accident condition can strengthen your case.
4. Send a Demand Letter to the Insurance Company
Once you have gathered all your evidence, the next step is to formalize your dispute by sending a demand letter to the insurance company. Here’s how to write a clear and well-organized letter:
- Start with Key Claim Information—Include your claim number and the date of the loss. Mention the amount the insurance company has offered and the amount you believe is fair.
- Present Supporting Evidence—Reference your research from trusted sources like Kelley Blue Book or NADA Guides. List local comparable vehicle listings, attach maintenance receipts, and include any independent appraisal report.
- Explain Your Valuation Method—Describe how you calculated your counteroffer using the evidence you gathered. Walk the insurer through your process with transparency and clarity.
- Set a Firm Deadline for Response—Close the letter by requesting a written response within 10 to 14 days. Sending a detailed letter documents your efforts and positions you as an informed policyholder.
5. Contact an Attorney From Nava Law Group
If the insurance company refuses to negotiate in good faith or your claim is particularly complex, it may be time to seek legal help from Nava Law Group. We understand the tactics adjusters use and know how to counter them with the following steps:
- Ensure Your Demand Is Legally Sound—Our attorney will draft a clear, legally precise demand letter backed by solid evidence.
- Manage the Appraisal and Negotiation Process—We have experience handling insurance disputes, including invoking appraisal clauses and coordinating with third-party professionals.
- Apply Pressure Through Legal Leverage—Involving a law firm can make insurance companies more cooperative. It shows that you’re willing to escalate the matter if necessary.
- Handle Injury Claims Professionally—If you were hurt in the accident, a personal injury attorney at Nava Law Group can pursue compensation for medical expenses, lost income, and pain and suffering.
Never Settle for Less Than You Deserve
If you’ve been in an accident and need a team of attorneys who can help you with your total loss insurance claim in Texas, reach out to Nava Law Group. With over $1 billion won for our clients, we know how to negotiate with insurance companies. You can speak to an actual lawyer who will give your case the personalized attention it deserves. Remember, you have rights, and you do not have to accept the first offer an insurer makes. Contact us today for a free consultation to learn how we can assist you in disputing claims.
