How to Create a Paper Trail When the Defendant’s Insurance Company Won’t Communicate in Writing

In the complex world of personal injury claims in Texas, documentation is your most powerful ally. When an insurance company refuses to communicate in writing, they’re often employing a strategic tactic to minimize their liability and make your claim more difficult to prove. As experienced personal injury attorneys, we’ve seen this scenario play out countless times. This guide will help you create and maintain a robust paper trail even when faced with reluctant insurers.

Why Insurance Companies Avoid Written Communication

Insurance companies prefer verbal communication for several reasons:

1. Deniability – Without written evidence, conversations become “your word against theirs”
2. Prevention of binding statements that could later impact settlement negotiations
3. Avoidance of creating discoverable evidence that might strengthen your case
4. Reduction of clear timelines that could demonstrate delays or bad faith practices

The Importance of Documentation in Texas Personal Injury Claims

Texas courts place significant weight on documentation when evaluating personal injury claims. The Texas Civil Practice and Remedies Code, particularly Chapters 33 and 41, establishes frameworks for proportionate responsibility and damages that rely heavily on evidence. Without proper documentation, proving negligence, damages, and causation becomes substantially more challenging.

Creating Your Paper Trail: Practical Strategies

1. Follow Up Every Phone Call in Writing

After any verbal communication with an insurance representative:

• Send an email or letter summarizing the conversation
• Include the date, time, and name of the representative
• Detail what was discussed, any promises made, and next steps
• Request confirmation or corrections to your summary

Use language like: “To confirm our conversation on [date] at [time], we discussed [specific details]. Please reply to confirm this understanding or provide corrections by [specific date].”

2. Send Communications via Certified Mail

When sending physical letters:

• Use certified mail with return receipt requested
• Keep copies of all outgoing correspondence
• Maintain a log of all communications attempts
• Photograph or scan the materials before sending

The Texas Rules of Evidence (particularly Rule 902) give special weight to certified documents, making this documentation method particularly valuable.

3. Use Email with Read Receipts and Delivery Confirmation

When communicating electronically:

• Enable read receipts and delivery confirmation
• Save all emails in a dedicated folder
• Forward important communications to a secondary email as backup
• Print or save PDFs of critical exchanges

4. Record Calls (With Proper Consent)

Texas is a one-party consent state for recording conversations, meaning you can legally record a conversation as long as you’re a participant. However:

• Inform the other party that you’re recording
• State the date and time at the beginning of the recording
• Save recordings with clear file names indicating date and subject
• Consider having recordings transcribed for easier reference

5. Document All Communication Attempts

When the insurance company is non-responsive:

• Keep a detailed log of all attempted contacts
• Note dates, times, numbers called, and any response
• Send follow-up emails documenting attempted calls
• Escalate to supervisors in writing, referencing previous attempts

6. Utilize Formal Demand Letters

Formal demand letters serve both as documentation and as potential evidence of your reasonable attempts to resolve the claim:

• Include all relevant claim information
• Detail previous communication attempts
• Specify a reasonable timeline for response
• State consequences of continued non-communication
• Reference relevant Texas Insurance Code provisions, particularly Chapters 541 and 542

7. Involve Your Attorney Early

An experienced Texas personal injury attorney can:

• Send communications on letterhead (which insurers take more seriously)
• Properly phrase requests to avoid potential pitfalls
• Understand insurance company tactics and counter them effectively
• Make strategic choices about when to escalate to litigation

8. Leverage the Texas Department of Insurance

The Texas Department of Insurance provides oversight and can be a resource when insurance companies engage in evasive tactics:

• File a complaint with TDI if the insurer consistently refuses written communication
• Reference your intent to file a complaint in communications with the insurer
• Understand that TDI complaints create additional documentation for your case

Visit the Texas Department of Insurance complaint portal for specific procedures.

Using Texas Law to Your Advantage

The Texas Insurance Code Protections

The Texas Insurance Code contains provisions that can help when an insurer is being uncooperative:

• Section 541.060 prohibits unfair settlement practices, including failure to attempt good faith settlement
• Section 542.055 requires insurers to acknowledge claims promptly
• Section 542.056 mandates acceptance or rejection of claims within specific timeframes

Reference these sections in your communications to signal your understanding of your rights.

Texas Prompt Payment of Claims Act

The Texas Prompt Payment of Claims Act (Chapter 542 of the Insurance Code) requires insurers to:

• Acknowledge receipt of claims within 15 days
• Accept or reject claims within 15 days of receiving necessary documentation
• Pay accepted claims within 5 business days

When insurers fail to meet these deadlines, they may be liable for:

• 18% annual interest on the claim amount
• Attorney’s fees

Mentioning these requirements can motivate insurers to improve their communication practices.

Documenting Physical Evidence

Beyond communication records, document physical evidence thoroughly:

• Take dated photographs of injuries at regular intervals
• Keep a journal of medical symptoms and their impact on daily life
• Preserve damaged property with photographic evidence
• Collect witness information immediately after incidents
• Obtain and organize all medical records and bills

Digital Organization Systems

Create a comprehensive digital organization system for your documentation:

• Establish a consistent file naming convention (Date_Type_Subject)
• Use cloud storage with automatic backups
• Create separate folders for different types of communication
• Maintain a master spreadsheet or timeline of all interactions
• Set calendar reminders for follow-ups and deadlines

When to Consider Bad Faith Claims

In Texas, insurers have a duty of good faith and fair dealing. Consistent refusal to communicate in writing might constitute evidence of bad faith, potentially entitling you to additional damages. Document patterns of:

• Consistent refusal to provide written responses
• Missed deadlines without reasonable explanation
• Contradictory statements between representatives
• Promises made verbally but later denied

The Texas Supreme Court established the standards for bad faith claims in Universal Life Insurance Co. v. Giles, requiring evidence that the insurer knew or should have known that it had no reasonable basis for denying a claim.

Litigation Preparation

If you ultimately need to file a lawsuit, your documentation will be crucial:

• Organize all evidence chronologically
• Create a timeline of communication attempts and responses
• Prepare a summary of key communications for your attorney
• Be prepared to testify about your documentation efforts

The discovery phase of litigation will allow your attorney to obtain internal insurance company documents, which can be compared against your documentation to reveal inconsistencies or bad faith practices.

Technology Tools for Documentation

Consider using specialized tools to enhance your documentation efforts:

• Call recording apps that automatically save and transcribe conversations
• Email tracking software that provides verified delivery information
• Documentation apps that timestamp and organize case information
• Secure cloud storage systems with robust backup features

Professional Documentation Support

Consider enlisting professional help with documentation:

• Hire a professional transcription service for important verbal communications
• Consult with a digital forensics expert to authenticate electronic communications
• Work with your attorney to ensure documentation meets legal standards
• Consider having affidavits prepared to certify your documentation efforts

Conclusion

When an insurance company refuses to communicate in writing, they’re often attempting to gain a tactical advantage. By implementing these documentation strategies, you create a compelling paper trail that strengthens your position and can ultimately lead to a more favorable resolution of your claim.

At Ryan Orsatti Law, we understand the importance of proper documentation in personal injury cases and can help you navigate these challenging situations. Our experienced team knows how to counter insurance company tactics and build strong cases even when faced with uncooperative insurers.

If you’re dealing with an insurance company that refuses to put things in writing, contact our office today for a consultation. We’ll help you develop a strategic approach to documentation that protects your interests and strengthens your claim.

Remember: in the world of personal injury claims, what’s documented is what’s remembered in court. Don’t let an insurance company’s refusal to communicate in writing undermine your legitimate claim.