Written by: The Benton Law Firm Last Updated : November 28, 2022

Dallas Insurance Claims Lawyer

When you faithfully pay your insurance premium every month for coverage in the event of an accident, it is reasonable for you to expect your insurance company to cover you when an accident does happen. All too often, however, insurance companies use tactics to avoid paying you the compensation you deserve.

When life circumstances go awry, people rely on their insurance agencies to provide coverage for their losses. Unfortunately, some insurance companies unjustifiably leave their policyholders without assistance in their times of need, forcing them to pay out-of-pocket for prices that can cause an unmanageable financial burden. The false promise of coverage imposed by insurers can be very disappointing and frustrating for policyholders who faithfully pay their monthly premiums under the impression that they would be protected when the unexpected strikes.

Sometimes, the denial of an insurance claim is baseless and warrants legal action against the insurance provider. Because insurance companies run like a business, they can employ underhanded tactics to avoid paying out a settlement or underpaying what they know a policyholder deserves. Fortunately, the dedicated Dallas insurance claims lawyers at the The Benton Law Firm are well-versed in dealing with stubborn insurance companies and can help Dallas residents obtain the coverage they need.

To learn more about how we can help you with your insurance dispute, schedule a free consultation by calling us today at (214) 777-7777.

Why You Need a Lawyer

Fighting against an aggressive insurance company can be a daunting task, especially when your financial stability is on the line. Navigating the world of insurance claim disputes can be confusing and complex, and requires you to educate yourself so that you are aware of any risks involved should you not hire an attorney. Hiring an experienced attorney can increase your chances of recovering the compensation you are entitled to for your losses. Lawyers are familiar with the tactics insurance companies use to avoid paying claims. They will be able to understand all the fine print of your policy, anticipate the arguments the other side will use, and mount a strategic argument in your favor. Best of all, leaving your legal claim to a lawyer frees you up to focus on your family in the aftermath of your accident.

Why Choose The Benton Law Firm?

At The Benton Law Firm, our lawyers know the tactics insurance companies use to avoid paying out claims. Our skilled attorneys will aggressively fight those insurance companies so that you can get the compensation you deserve. If your case goes to trial, we will diligently work to show how your insurer has operated in bad faith or breached a duty to you. We have recovered millions of dollars for our past clients, earning us a place in both the Million Dollar and Multi-Million Dollar Advocates Forums.

We provide a free consultation to all potential clients. This no-risk consultation will help us to understand your case and help you understand your options. Our law firm also works on a contingency fee basis, so you won’t pay any fees unless you recover for your losses. We are dedicated to these policies because we believe that your financial situation should not prevent you from getting great legal representation.

The attorneys of The Benton Law Firm are available 24/7 to answer any questions you may have regarding your case. We will promptly return all messages and calls, and work to provide updates on the status of your case.

The Insurance Company’s Fiduciary Duty

As a policyholder, you are owed a fiduciary duty by your insurance company. This means that as the fiduciary, the insurance company is in a position of financial trust, and it is required to act in a way that benefits you. Upon becoming your insurer, the company is required to understand your financial position, provide knowledgeable information regarding policies and provisions, and act in good faith when dealing with you. The fiduciary duty owed to a policyholder includes:

  • The duty to provide utmost care. This means that the insurer is required to act as a prudent person would under similar circumstances.
  • The duty of full disclosure. This means that the insurer is required to provide to you all information and material facts known that may affect your decisions regarding insurance.
  • The duty of loyalty. This requires the insurer to refrain from acting in a way that is adverse to your interests as the insured.
  • The duty of integrity. In other words, the duty to act in a way that is in your best interest as the insurer’s client.
  • The duty to act in good faith. This requires the insurer to act in a way that is completely truthful and without misrepresentation to you. It requires the insurer to refrain from acting in a way that might constitute taking advantage of the insured.

An experienced attorney, such as those at The Benton Law Firm, will understand whether your insurance company breached a fiduciary duty, and whether you may be entitled to compensation for that breach.

Causes of Insurance Claims Disputes

Whether you are filing a first party claim or a third party claim, there are a multitude of reasons why your coverage may have been denied. While some reasons for denial are valid—not filing a claim in the allotted time period, or your policy not covering the specific type of car accident—many insurers may resort to deceptive practices that allow them to wrongfully deny valid claims or pay as little as possible. These practices may include:

  • Insurance company acting in bad faith (delaying claim, not communicating with policyholder, etc.). Insurance companies have the duty to conduct reasonable investigations and to pay a claim owed. When they act unreasonably or refuse to pay a claim owed, then the insurance company is acting in bad faith. This may also result in a violation of Texas’s insurance code.
  • Insurance company misrepresenting the scope of coverage. An insurance company and its agents may not misrepresent the extent of coverage provided to you.
  • Insurance representative using deceptive practices. The Texas Deceptive Trade Practices Consumer Act exists to protect you from an insurance company’s misleading or false practices. However, it requires that you send a written notice to the insurer stating what is wrong and the amount of damages you are seeking. This is best done through a skilled and knowledgeable attorney.
  • Sudden changes in coverage. This may constitute the insurance company acting in bad faith, entitling you to damages.
  • Contract disputes. Many times, an insurer’s actions or denial of claims may be grounds for a breach of contract claim. Hiring an attorney will help you to understand what is required to prove that the insurance company breached a contract.

Knowing whether your insurance company is acting in bad faith can be confusing, but the assistance of a knowledgeable attorney can help you determine if your claim is being wrongfully denied.

Defenses to Insurance Claim Disputes

There are some common defenses that insurance companies might use in order to avoid paying your claim. These defenses include:

  • Act of God. This defense is used by insurance companies to argue that an act of nature was the cause of your accident. For example, they may try to argue that wet or icy roads caused the accident, and not another person.
  • Comparative fault. This is a defense used to show that you were either partially or fully at fault for your injuries, and that you are therefore not entitled to coverage for the accident.
  • Insured’s failure to establish cause. Here, an insurance company will argue that you or your attorney failed to show that the actions of another party were the cause of your injuries.
  • Unavoidable accidents. This defense is used by an insurance company to show that, no matter what you or the other party could have done, the accident would have occurred anyway. It could not have been avoided.
  • The policy does not apply. Here, the insurer will argue that is not under a legal obligation to pay your claim because of some exclusion or loophole. Alternatively, an insurer may simply state that your policy does not apply to the type of accident that occurred.

Your lawyer will be familiar with these defenses and will be able to prepare a counterargument in your favor.

Contact an Insurance Claims Lawyer in Dallas

Being the victim of a car accident can be devastating and a policyholder should be able to count on their insurance company to provide coverage for damages. When you diligently pay your monthly premiums, you expect to be covered for your damages and losses. An insurance company’s refusal to pay your claim can be discouraging. It can lead to financial hardship that affects every aspect of your life.

At The Benton Law Firm, our qualified Dallas insurance claims attorneys can help fight against underhanded insurers to get coverage for your medical bills, lost wages, and pain and suffering. Don’t hesitate to contact our Dallas offices at (214) 777-7777 for support and guidance in your case.

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