Underpayment of an Insurance Claim in Texas


You made the decision to purchase your homeowner’s insurance policy after the agent described how they would be there for you when you needed them. Since then, you have faithfully paid your premiums and enjoyed the peace of mind that comes with knowing that, should a qualifying event arise, you would not be forced to shoulder the financial burden of repairing or rebuilding your home. Now that the time has come for you to file a claim, you discover that the insurance company is not actually on your side.
Underpayment of an insurance claim is five to ten percent more common than a claim being wrongfully denied. Companies have discovered that they can save millions by lowballing policyholder’s claims. At Brasher Law Firm, PLLC we are committed to ensuring that this does not happen to you. We have the experience and the qualifications needed to face insurance agencies and seek the settlement you deserve. As a member of the Million Dollar Advocates Forum®, we know what it takes to fight for every penny.


Most people who have been underpaid by their insurance company don’t want to go through the hassle of settling the claim in court, or they don’t realize that they have a right to be fully compensated. They may believe that the effort is not worth their time or money, and insurance companies know that this is a majority opinion. Until policyholders start taking their insurers to court, the insurance companies will continue to underpay claims. Some people don’t know any better, and as a result, they accept substantially less payment than they are due.
The steps you will need to take if you suspect your claim has been underpaid:
  • Review your contract and know your maximum coverage amounts
  • Ask your insurer how they calculated your claim amount
  • Hire a private claims adjuster
  • If your insurer continues to underpay, hire a bad faith attorney
If you have reason to believe your valid claim is being underpaid, you should take action against your insurer. If you have kept up with your premiums and have fulfilled all your duties as a policyholder, you deserve to be taken care of when damages occur. You’ve held up your side of the contract, and they have a legal responsibility to hold up theirs as well. First, you must carefully review your contract. If your house has experienced significant tornado damage, for example, you should check your contract for the maximum amounts that you are eligible to claim under the circumstances.
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Next, you will need to contact your insurance company and ask them to give you an amount. They may send a claims adjuster to inspect the damages and determine the extent of liability that they owe you. It is important to ask them how they came to their final amount. Keep a record of this information, whether it be an email correspondence, phone calls or voice messages. If the insurance company is knowingly underpaying you, this evidence could be used against them in court. If their claim seems light, you should hire a private claims adjuster to inspect the damages.
This is a surefire method of determining whether or not you have been underpaid. If you bring this report to your insurer and they still to refuse to pay you the amount you deserve, you will need to contact a Texas insurance bad faith attorney and settle this matter in court. Not only are you entitled to full coverage, but your insurer needs to be held accountable for this type of misbehavior. It may dissuade them from underpaying other policy holders in the future and hold them to a higher standard of professionalism.


If you take your insurer to court and the judge deems that you have been wrongfully underpaid, there are certain reparations you can expect to receive. First, your insurance company will be held accountable for the full amount of damages you experienced, as well as any additional damages that you may have incurred as a result of their delayed payment. Your insurer may also be held accountable for any emotional distress you suffered as a result of their delay. Our Texas bad faith insurance lawyers know how to prove any extra-contractual damages you may have suffered. You deserve every penny that is owed to you!


Contact a Beaumont bad faith insurance lawyer at Brasher Law Firm, PLLC if your insurance company has refused to settle your claim without good cause for doing so. When you purchased your policy, you entered into a contractual relationship with the insurance company, and they have a duty to live up to their side of the agreement by paying you for a valid claim. Don’t let them get away with a wrongful refusal to settle your claim for coverage.
At Brasher Law Firm, PLLC, we frequently hire engineers, scientists, and other experts who can testify in the case and assist us in establishing the full scope and extent of the damage. Furthermore, we have a proven track record of success in settling homeowner’s insurance disputes through negotiation and courtroom litigation. With more than 20 years of experience and accolades including membership in the Million Dollar Advocates Forum®, we know how to get the results you deserve.
Contact us now to get started with your pursuit of justice!