Tag Archive for: insurance company


If your home has suffered damage because of Hurricane Harvey, please contact your insurance company and file a claim immediately.  If you continue to experience damage due to high winds, and torrential down pours, and you are unable to make a complete assessment because of safety concerns, then tell your carrier there is likely other damage that you are unable to assess because the conditions are not safe at the time of making the claim.

Unfortunately, Texas Law changed and the law lessened the rights of homeowners to recover from storm claims.  Now, an insurance company that denies or delays a claim only has to pay homeowners 10% interest versus 18%. After waiting months and sometimes years for full payment of claims, that interest is a saving grace for many Texans who have suffered devastating loss at the hands of a violent storm.  For more information about bad faith insurance claim read this post-https://www.injurylawyerhou.com/insurance-law/texas-bad-faith-insurance-claims/.

Now, lawyers and lawmakers are not certain how the courts will interpret “claim.”  Some believe a lawsuit will need to be filed before September 1st while others argue you only need to file your claim.  Also, this provision is not applicable to Texas Windstorm Insurance Association Claims.



Give your insurance company written notice of your claim.  Fax, email, or send by U.S. Certified Mail your Houston Hurricane Harvey claim to your insurance company.  It is important to put your claim in writing and date it before Friday, September 1, 2017. Here is a simple example:


August 29, 2017

Dear Homeowners Insurance Policy Company:

I have suffered a loss to my home at 123 Texas Way, Houston, Texas 77002 because of damage caused by Hurricane Harvey.  My policy number is HOUSTONTX12345.  At this time, I have noticed damage to my roof, leaks inside my home from the roof damage; my front window is blown out and water has gotten in through the broken window and caused damage to my floor.  These are the damages that I have seen but there are likely others that are unseen and some that I cannot get to. I called and received a claim number 123456789. Please take note of my claim.


Hurricane Harvey Survivor


If your insurance company denies your Houston Hurricane Harvey Insurance Claim or unfairly settles your claim, you have rights.  For more information about bad faith claims, denial of insurance claims or unfair settlement practices visit our insurance claims page at https://www.injurylawyerhou.com/practice-areas/texas-insurance-claim-attorney/.


If you experience flooding to your home that was not the result of wind damage, then you will likely need to file a claim through your flood insurance.  Flood claims are different from any other and I have provided a guide for those needing guidance on filing flood claims at https://www.injurylawyerhou.com/flood-claim/how-to-handle-flood-claims/.


You are not alone.  Many victims of Hurricane Harvey do not have flood insurance to cover their homes.  According to CNN Money, “figures from the National Flood Insurance Program show that only 15% of homes in Harris County, which includes Houston, have flood insurance, while only 20% of homes in Nueces County, where the coastal city of Corpus Christie is located, are covered. Coverage rates are higher in the area’s flood zones, but many homes still aren’t covered.”  Cars and vehicles are covered under your auto policy. Mobile homes are often covered under your homeowner’s policy.  Check your policy for details on coverage.

Harvey brought devastation that Houston, Harris County, Fort Bend County, and Montgomery County has never seen before. The Federal Government through FEMA set up a disaster relief fund. For more information, visit https://www.fema.gov/hurricane-harvey.

If you need help, please call Farrah Martinez, Houston Insurance Claim Lawyer at (713) 853-9296.


Know What to Do in the Event of a Motorcycle Accident

According to the Texas Department of Transportation, there were 9,859 injuries and fatalities to motorcycle drivers and passengers in 2016. That’s a significant number and an increase over previous years. It’s also a sign that motorcycle drivers and passengers are less safe than ever before. While some accidents are the fault of the driver, more are caused by the drivers of other automobiles.  Car Accident Lawyer, Farrah Martinez, explains what to do if the accident is not your fault.

A Lack of Awareness: Motorcycle Drivers Are at an Increased Risk

One of the most significant contributing factors in the rise of motorcycle accidents across Texas is negligence on the part of other drivers. With an estimated 500,000 registered motorcycles on Texas roadways now, it’s more important than ever for car, truck, van and 18-wheeler drivers to be observant. That’s the impetus behind the state’s 2017 DoT campaign – “Share the Road: Look Twice for Motorcycles”.

Drivers of other vehicles are being urged to be vigilant concerning motorcycles. An accident involving a motorcycle is five times more likely to result in an injury than a car-to-car crash, and 29 times more likely to result in a fatality. Of course, motorcycle drivers and passengers also need to be vigilant, but in addition, you need to know what to do if you’re involved in a motorcycle accident.

Houston Car Accident Lawyer Explains What to Do Moments After Your Accident

Knowing what to do in the minutes following an accident can make a huge difference in the ultimate outcome, and it might just save your life or the life of someone else. Follow this brief guide.

Assess the Damage – The first thing you’ll need to do is to assess the damage, and that includes physical damage to you and/or a passenger on your motorcycle. What injuries have you sustained? Are you able to sit up, or stand?

Chances are good that if you’ve been involved in a motorcycle accident involving a car, truck, van or an 18-wheeler, you have sustained serious injuries. If possible, use your cell phone to call 911 to ensure that help is on its way immediately. If you are able, check the condition of any passengers, and the driver/passenger of the other vehicle.

Move Off the Road – If possible, move your motorcycle off the road. The other driver will also need to move their vehicle out of the flow of traffic. If necessary, move any injured individuals off the road (assuming you’re physically able to do so).

Exchange Insurance Information – If you’re capable, exchange insurance information with the other driver. You should also get their name, phone number, and address. All of this information will be necessary to file a claim.

Take Pictures – If you are physically able, use your cell phone to take pictures of the accident scene before moving the vehicles out of the road. You’ll need proof of who hit whom, the position of the vehicles, and more. If you’re not able to take photographs, try to memorize every detail of the scene possible.

Talk to Witnesses – While not always the case, witnesses are sometimes present. Get the contact information from these individuals.

Don’t Talk about Fault – Whether the motorcycle accident was the fault of the other driver, or you think it was your own, don’t talk about it. Avoid discussing the accident with the other driver or their insurance company.

Call Your Car Accident Lawyer – As soon as possible, call your car accident lawyer. While they might not be able to open a claim without a police case ID or accident report, you can at least get the ball rolling. Once the police have investigated the scene and provided you with a report number, your car accident lawyer can order a copy of the report online.  Accident reports are usually ready within 10 days of the accident.

Do I Really Need a Car Accident Lawyer?

While you may not need a car accident lawyer in all instances, it’s wise to have an experienced professional on your side if you’ve been injured in a motorcycle accident. Insurance companies are in business to make money, and they don’t do that by paying out a lot of cash to those injured in accidents. An experienced Houston car accident lawyer like Farrah Martinez can help ensure that you receive the compensation you need to cover repair or replacement of your motorcycle, payment of medical bills and the like.

For a free consultation, contact Car Accident Lawyer Farrah Martinez at (713) 853-9296.









At some time or another, we all have to call on our insurance companies because we have suffered a loss covered by our insurance policy. That is the reason you purchased insurance “just in case” something happens.

What is a Bad Faith Insurance Claim?

An insurance company cannot simply deny your claim. If you have a legitimate claim, a denial of your claim or underpayment that directly contradicts your policy is generally considered a bad faith insurance claim. An insurance company through your insurance policy has made certain promises and failure to keep those promises may entitle you to a bad faith claim.

Also, policyholders should know, that Texas law protects policyholders and the law is written in favor of paying claims quickly. Here are a few key things you need to know.

Once you file a claim, the insurance company has 15 days:

  • To recognize getting your claim;
  • To start an investigation; and,
  • To request all items, statements, and forms related to the claim.
  • Once you provide all of the information requested, the insurance company has 15 days to accept or reject a claim unless more time is requested. More time is only permitted if special circumstances are involved.

Examples of Bad Faith:

  • A wrongfully denied auto, homeowners, life or accidental death claim
  • delay in payment of a claim
  • denial of coverage after an accident or loss

If you have been unfairly denied after filing legitimate Texas bad faith insurance claims, contact Farrah Martinez Houston Insurance Claim Attorney, at (713) 853-9296 to help you seek a full and fair settlement from your insurance company.

1. The Insurance Company is not your Friend.

In fact, they are your adversary. The insurance company is a for-profit company. Their adjusters are trained to befriend you and later deny your claim or offer you the least amount of money possible, rather than giving you the money you deserve for the injuries and losses you have incurred as a result of their insured’s negligence.

2. If You Want the Money You Deserve, Hire a Lawyer.

Insurance companies do not want you to hire a lawyer. Studies show that injury victims that are represented by a lawyer recover 3 ½ times more money than those who are not represented by a lawyer. Personal Injury lawyers that handle injury and accident cases know the claim system in and out and can help your rights.

3. Do not Sign Anything Before you Speak with a Lawyer.

Insurance companies often ask injury victims to sign a medical authorization to release all medical records from doctors that have treated you since the accident. If you visited your normal family doctor all of the records from every visit would be released and many of these records are irrelevant to the accident and contain personal and highly sensitive information that the insurance company will later use to devalue your claim.

4. Do not Provide a Recorded Statement. Just say NO.

The insurance company will contact you and ask you to provide a recorded statement. This statement can and will be used against you at a later time. The adjuster will ask many questions about what happened and if you are not clear or you if do not remember the adjuster will ask you to guess and later use the fact that you cannot remember against you.

5. Everything is Negotiable.

Often times an adjuster will tell individuals who handle their own claims that “our policy” only allows for $20 per day for a rental car or we can only give you “x” amount of dollars for your vehicle despite that fact that you have enhanced the vehicle which increased its value. With the right type of evidence, you can increase your settlement through the negotiation process. Remember everything is negotiable!!!

I am Farrah Martinez personal injury and accident lawyer and I hold insurance companies accountable to ensure you get the compensation you deserve through experienced, aggressive and smart representation. For a free consultation contact me at (713) 853-9296 or visit us online at www.InjuryLawyerHOU.com. You can like us Facebook, follow us on Google+ and Twitter.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Have you or a loved one been involved in an accident with a commercial truck or an 18-wheeler?  Here are three keys to handling an 18-wheeler accident claim.

Commercial truck drivers are held to a higher standard than those who drive regular passenger vehicles.  Why?  Well, commercial truck drivers tend to operate very large vehicles that sometimes carry hazardous or even flammable materials.  Commercial vehicles are regulated by the Federal Motor Carrier Safety Administration (FMCSA) whose mission is to prevent commercial vehicle related accidents and injuries.

Here are three things keys to protecting your claim against a commercial vehicle.

1. Act Quickly

Accidents involving commercial vehicles, require you to act quickly to preserve information that is vital to your claim.  For example, federal regulations only require truck drivers to maintain driving logs for six months.  The fact the driver is involved in an accident does not automatically trigger a longer maintenance time.   Information contained within the log might be key to proving the driver did not follow federal and state regulations.

2. Just Say NO!

Often times, the insurance company of the commercial vehicle will contact the injured party in an effort to “help” resolve the claim. The claims adjuster will ask you to provide a recorded statement. In general, I advise my clients not to provide a record statement.  This is never a good idea if you have not consult an attorney.  These statement can and will be used against you at a later time.  Keep in mind that the insurance company is actively working to protect their interest and will even hire an investigator to collect evidence to fight your claim in an attempt to reduce the amount of compensation you receive.

3. Seek Medical Attention

As soon as possible, you should seek medical attention.  If you have sustained serious injuries, you should seek emergency care.  Follow any advice given to you by healthcare professionals and listen to your body.  Additionally, it is always a good idea to follow up with your primary care physician.  Your family doctor knows you, he or she is familiar with your body, and can refer you to other doctors if your injuries are beyond his or her expertise.

Farrah Martinez is a personal injury and 18-wheeler accident lawyer seeking maximum compensation for clients who have been injured in car accidents on the road or at work.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.