The Role of Insurance in Texas Personal Injury Claims

Here is a truth most injury victims learn the hard way: your case is usually against an insurance company, not a person. The driver who hit you may feel terrible. Their insurer does not. Its job is to pay you as little as possible.

Understanding how insurance really works puts you back in control. And having a lawyer who deals with insurers every day levels the field completely. The Burkett Law Firm has done exactly that for Coastal Bend families since 1960. Call 361-738-5548 for a free consultation.

Texas Is a Fault State

Texas follows an at-fault system. The person who causes an accident — and their insurance — pays for the harm. That sounds simple. In practice, insurers dispute fault, dispute injuries, and dispute value at every turn.

The Insurance Coverages That May Apply to Your Claim

The At-Fault Driver’s Liability Coverage

This is the primary source of recovery in most car accident claims. Texas requires minimum limits of $30,000 per injured person and $60,000 per crash. The problem: serious injuries blow past those limits fast. One night in an ICU can exceed $30,000.

Your Own UM/UIM Coverage

Uninsured/underinsured motorist coverage steps in when the at-fault driver has no insurance or not enough. Texas insurers must offer it — many drivers have it without knowing. It is often the key to full recovery, especially after a crash with an uninsured driver or a hit-and-run.

PIP and MedPay

Personal Injury Protection pays your initial medical bills and some lost wages regardless of fault. Texas insurers must offer PIP; using it does not raise a claim against anyone.

One more overlooked benefit: PIP typically pays within weeks, which relieves financial pressure while the main claim is negotiated. Less pressure on you means less leverage for the liability insurer’s lowball tactics.

Commercial Policies

Crashes involving 18-wheelers (our Corpus Christi truck accident lawyers handle these daily), company vehicles, or rideshare drivers unlock far larger commercial policies — often worth millions. Identifying every policy is a core part of what we do.

How Insurance Companies Reduce What They Pay

Adjusters are trained negotiators working from a playbook:

• The fast, low offer — made before you know your full medical picture
• The recorded statement — your words, clipped and used against you
• Blame-shifting — pushing your fault percentage toward the 51% bar that kills a Texas claim
• Medical nitpicking — calling treatment “excessive” or injuries “pre-existing”
• Delay — betting that mounting bills will make you take less

None of these tactics work well against a firm that tries cases. That is the point of hiring one.

★★★★★ “Mr. Burkett has worked on my husband’s cases and has done a phenomenal job. Vern is very responsive when you have a question to ask. I would highly recommend this law firm to represent you on your cases.” — Abby G., Burkett Law Firm client

What a Lawyer Changes

• All communication runs through us. No more adjuster calls, no traps.
• Every policy gets found — liability, umbrella, UM/UIM, PIP, commercial.
• Your claim gets documented properly — records, experts, and future costs included.
• The insurer knows we will file suit. Settlement offers rise when trial is a real possibility.

Read our first-steps guide too: what to do after a Corpus Christi auto accident.

How an Injury Claim Actually Moves From Start to Finish

1. Investigation and treatment. You focus on getting well. We gather the crash report, records, and evidence.
2. The demand package. Once your medical picture is clear, we send the insurer a documented demand — records, bills, wage proof, and the legal basis for fault.
3. Negotiation. Offers and counteroffers. Most claims settle here — when the demand is strong.
4. Lawsuit, if needed. Filing suit unlocks discovery: depositions, documents, and the pressure of a trial date.
5. Mediation or trial. Most filed cases still settle before trial. The ones that don’t get tried by lawyers who know how.

Stacking Coverage: The Path to Full Value

Serious injuries routinely exceed a single policy. Getting fully paid means combining sources: the at-fault driver’s liability limits, an employer’s commercial policy, an umbrella policy, then your own UM/UIM and PIP. The order and strategy matter — settling one layer carelessly can jeopardize another. This is exactly the kind of technical work an experiencedThis is exactly the kind of technical work an experienced injury firm handles daily, and it is often invisible to clients until the final number shows the difference.

Texas Injury Insurance FAQs

Should I give the other driver’s insurer a recorded statement?

No. You are not required to, and it rarely helps you. Report the crash to your own insurer, keep it factual, and let your lawyer handle the rest.

The adjuster seems friendly and offered to pay my ER bill. Is that fair?

Friendly is a tactic. An offer that covers today’s bill ignores tomorrow’s treatment, lost wages, and pain. Once you sign a release, the claim is over forever.

What if the at-fault driver had no insurance at all?

Check your own policy for UM coverage — and look for other liable parties, like an employer or a vehicle owner. Roughly speaking, more coverage sources exist than most people realize.

How much does hiring The Burkett Law Firm cost?

Nothing up front. Our Corpus Christi personal injury lawyers work on contingency — no fee unless we recover for you. See what past clients say in our reviews.

What is my personal injury claim actually worth?

The honest answer: it depends on your medical costs, lost income, future care, and how the injury changed your life. Beware of online “settlement calculators” — they exist to set your expectations low. A free case review gives you a real number based on real cases.

Don’t Negotiate Against Professionals Alone

The insurance company has adjusters, lawyers, and a playbook. You should have The Burkett Law Firm. Call 361-738-5548 or schedule a free consultation today.