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An automobile accident is hectic enough without adding the complications of dealing with an insurance company during the claims process. At Welsh Collision Center, we want to be sure our customers fully understand their rights as Texas Motorists allowing them to make the most informed decision possible when it comes to having a vehicle repaired. If you feel you have been treated unfairly by your insurance company, or any agent thereof, please contact the Texas Department of Insurance (“TDI”) immediately at the below contact information.
The below information was extracted from the TDI’s Consumer Bill of Rights - Personal Automobile Insurance (.pdf).
To review the complete Personal Automobile Insurance Bill of Rights, please visit the following address: www.tdi.state.tx.us.
CHOICE OF REPAIR SHOP AND REPLACEMENT PARTS:
You have the right to choose the repair shop and replacement parts for your vehicle. An insurance company may not specify the brand, type, kind, age, vendor, supplier, or condition of parts or products used to repair your automobile. The insurance company must provide you notice of the above requirements as follows:
• Claims submitted by telephone – written notice within 3 business days or immediate verbal notice, followed by written notice within 15 days;
• Claims submitted in person – immediate written notice at the time you present your vehicle to an insurer or an insurance adjuster or other person in connection with a claim for damage repair;
• Claims submitted in writing – written notice must be provided within 3 business days of the insurance company’s receipt of the notice.
If another person is liable for damage to your auto and you filed a claim and paid a deductible on your own policy, your insurance company must make a reasonable and diligent effort to recover the deductible from that person within twelve months from the date your claim is paid. If not, your company must:
• authorize you, at least 90 days prior to the expiration of the statute of limitations, to pursue your own collection efforts, or
• refund your deductible.
NOTICE OF LIABILITY CLAIM SETTLEMENT
Your insurance company must notify you if it intends to pay a liability claim against your policy. The company must notify you in writing of an initial offer to compromise or settle a claim against you no later than the 10th day after the date the offer is made. The company must notify you in writing of any settlement of a claim against you no later than the 30th day after the date of the settlement.
INFORMATION NOT REQUIRED FOR CLAIM PROCESSING
You have the right to refuse to provide your insurance company with information that does not relate to your claim. In addition, you may refuse to provide your federal income tax records unless your insurer gets a court order or your claim involves lost income or a fire loss.
Texas Department of Insurance, Consumer Complaints
P.O. Box 149091
Austin, Texas 78714-9091