Not for every claim. If nobody was hurt and the only question is the repair bill, most people can deal with the insurer themselves. An attorney becomes worth having when there is an injury that needs more than a check-up, when fault is disputed, when the at-fault driver’s insurance is too small for the loss, or when an insurer delays, denies or offers far less than the bills.
Texas law gives policyholders some protection on their own: the Insurance Code lists claim practices insurers may not use (Tex. Ins. Code § 542.003), and the Texas Department of Insurance auto insurance guide explains how a claim should run. This article uses both to help you decide. How an attorney handles a claim from start to finish is described in what a Houston car accident lawyer does, step by step.
The short version
- Property damage only: usually manageable without an attorney.
- Injury, disputed fault, low policy limits or a stalled claim: talk to an attorney before you sign anything.
- A release ends the claim. The state insurance department advises talking to your doctor about future treatment before signing one.
- Insurers may not misrepresent policy terms, ignore communications or fail to attempt a fair settlement when liability is reasonably clear (§ 542.003(b)).
- Two years to file suit if the claim does not settle (§ 16.003(a)).
When can I handle a car accident insurance claim myself?
When the loss is easy to measure and nobody disputes who caused it. A repair estimate, a rental bill and a towing charge are documents an adjuster can check and pay. The insurance department’s guide describes that process, including what to do if you disagree with the adjuster’s estimate.
According to the state guide, an adjuster estimates the cost of repairs and the company bases its payment on that estimate; if the damage turns out to be worse, you or the repair shop can ask the adjuster to raise it. If you still disagree, the guide lists three options: an appraisal, which is available only in a dispute with your own insurer; a written complaint to the department, which cannot decide who was at fault or set damage amounts; and court.
You do not pay a deductible on a claim against another driver’s insurance company, the guide notes. You do on your own collision coverage.
When should I get an attorney involved?
When the claim involves an injury that is still being treated, a dispute over who was at fault, more than one vehicle or insurer, an at-fault driver with minimum coverage, or an insurer that has gone quiet. In each, the amount at stake depends on proof and on rules an adjuster has no duty to explain to you.
Three Texas rules do most of the damage to unrepresented claims. First, shared fault: recovery is reduced by your percentage of responsibility and barred if it is greater than 50 percent (Tex. Civ. Prac. & Rem. Code § 33.001), so an adjuster’s suggestion that you were “partly to blame” is a negotiating position with real money attached. Second, low limits: a Texas driver need only carry $30,000 per injured person, and finding other coverage, including your own uninsured/underinsured motorist coverage, takes knowledge of the policies. Third, time: a suit must be filed within two years (Tex. Civ. Prac. & Rem. Code § 16.003(a)), and negotiations do not stop that clock.
Our page on Houston car accident claims describes the kinds of case the firm takes.
What is an insurance company not allowed to do with my claim?
Texas law prohibits unfair claim settlement practices. An insurer may not knowingly misrepresent facts or policy provisions about coverage, fail to respond to communications with reasonable promptness, or fail to attempt in good faith a prompt, fair settlement of a claim in which liability has become reasonably clear.
| The insurer may not | Subdivision |
|---|---|
| Knowingly misrepresent to a claimant pertinent facts or policy provisions relating to coverage at issue | (1) |
| Fail to acknowledge with reasonable promptness pertinent communications relating to a claim arising under its policy | (2) |
| Fail to adopt and implement reasonable standards for the prompt investigation of claims arising under its policies | (3) |
| Not attempt in good faith to effect a prompt, fair and equitable settlement of a claim submitted in which liability has become reasonably clear | (4) |
| Compel a policyholder to institute a suit to recover an amount due under a policy by offering substantially less than the amount ultimately recovered in a suit brought by the policyholder | (5) |
Source: Tex. Ins. Code § 542.003(b). Read October 5, 2026.
A related statute, Tex. Ins. Code § 541.060, lists unfair settlement practices “with respect to a claim by an insured or beneficiary,” including failing to promptly give a policyholder a reasonable explanation for the denial of a claim or for a compromise offer. What remedies these statutes give, and to whom, depends on whether the claim is against your own insurer or someone else’s, which is a question for an attorney.
What should I know before I sign a release?
That it is final. The other driver’s insurer will ask you to sign a release promising not to make further claims for the accident in exchange for the settlement. If your treatment turns out to cost more, or a symptom that seemed minor becomes a surgery, the release still stands.
The insurance department puts it this way: before you sign the release, talk to your doctor about any future medical treatment you might need, and consider that information in deciding whether the offer is fair. An attorney adds two things to that advice: a view of what the claim is worth beyond the medical bills, since Texas law also allows damages for pain, mental anguish, impairment and disfigurement (§ 41.001(12)), and a check on whether anyone else, such as a health insurer, has a right to be repaid out of the settlement.
For how those figures are worked out, see what a Houston car accident claim is worth.
What does it cost to have an attorney handle the claim?
Injury claims are usually handled on a contingent fee, a percentage of the recovery. Texas requires that agreement to be in writing and to state how the fee is determined, the percentage at each stage if it varies, and which expenses are deducted and whether before or after the fee is calculated.
Those requirements come from Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct. A first conversation is the place to ask what the fee would be and whether, on your facts, an attorney would add more than the fee costs. An honest answer is sometimes that you do not need one. What to bring is covered in how to prepare for a consultation.
Questions people ask about attorneys and insurance claims
Can I hire an attorney after I have already started the claim myself?
Yes, at any point before you sign a release. An attorney will ask what you have already told the insurers and for copies of anything you have signed, so keep every letter, email and form.
What can the Texas Department of Insurance do about my claim?
It takes written complaints, including through its online complaint portal. Its auto insurance guide says its ability to help might be limited: it cannot decide who was at fault in an accident or determine damage amounts.
Can I use appraisal if I disagree with the other driver’s insurance company?
No. The Texas Department of Insurance’s guide says the appraisal process can be used only for disputes with your own insurance company, not to resolve disputes with another person’s insurance company.
How long can my own insurer take to decide my claim?
It must accept or reject the claim within 15 business days of getting all the information it needs. The Texas Department of Insurance’s guide adds that a company that needs more time can take 45 days if it tells you the reason for the delay, and that a denial must be explained in writing.
Does talking to an attorney mean I have to file a lawsuit?
No. A lawsuit is one way a claim ends, and the decision to file is the client’s. The two-year filing period in Civil Practice and Remedies Code § 16.003(a) is the reason to get advice early instead of late.
If you are unsure whether your claim needs an attorney, call Maida Law Firm at (713) 785-9484 or describe it on the contact page.
Sources
- Texas Insurance Code, Chapter 542. Read October 5, 2026.
- Texas Department of Insurance, Auto insurance guide (updated December 11, 2025). Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 33. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 16. Read October 5, 2026.
- Texas Insurance Code, Chapter 541. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 41. Read October 5, 2026.
- Texas Disciplinary Rules of Professional Conduct, Rule 1.04 (Texas Center for Legal Ethics). Read October 5, 2026.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.