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When the Other Driver’s Insurance Adjuster Says ‘We Accept Liability’ but Still Won’t Pay Your San Antonio Claim

When the Other Driver’s Insurance Adjuster Says ‘We Accept Liability’ but Still Won’t Pay Your San Antonio Claim

By Ryan Orsatti Law, San Antonio Personal Injury Attorneys

You’ve been in a car accident in San Antonio that wasn’t your fault. The other driver’s insurance adjuster calls and says those seemingly magical words: “We accept liability for the accident.” Relief washes over you—until weeks pass, and you still haven’t received compensation for your medical bills, lost wages, and vehicle damage. What happened? Why would an insurance company acknowledge responsibility but then fail to provide fair compensation?

This frustrating scenario plays out daily across San Antonio and throughout Texas. Understanding this deceptive tactic can help you protect your rights and secure the compensation you deserve after an accident.

What “Accepting Liability” Actually Means in Texas

When an insurance adjuster says they “accept liability,” they’re acknowledging their insured driver was at fault for the accident. However, this admission comes with significant caveats that many accident victims don’t realize.

In Texas personal injury cases, liability (fault) and damages (compensation) are two separate legal components. An insurance company can accept responsibility for causing the accident while simultaneously disputing:

The Texas Department of Insurance defines an insurance adjuster as someone who “investigates and settles insurance claims,” but their primary job is to save the insurance company money—not ensure you receive fair compensation.

Common Tactics Insurance Companies Use in San Antonio Claims

Even after accepting liability, insurance companies employ various strategies to minimize or delay your payout:

1. Disputing Medical Necessity

The adjuster may claim certain treatments weren’t medically necessary, despite your doctor’s recommendations. Texas law protects your right to reasonable and necessary medical treatment following an accident, but insurance companies routinely challenge these costs.

According to the Texas Insurance Code §542.003, insurance companies are prohibited from “failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim.” Nevertheless, many insurers violate this provision by questioning legitimate medical expenses.

2. Alleging Pre-Existing Conditions

Another common tactic is attributing your injuries to pre-existing conditions rather than the accident. Texas follows the “eggshell plaintiff” rule, meaning the at-fault party takes you as they find you—including any pre-existing conditions that might be aggravated by an accident.

The Texas Supreme Court has ruled that defendants are liable for aggravating pre-existing conditions, but insurance adjusters often ignore this legal principle when evaluating claims.

3. Delaying Settlement Offers

Time is the insurance company’s ally and your enemy. Medical bills pile up, lost wages accumulate, and financial pressure mounts. Insurers know this and deliberately drag out the process, hoping you’ll accept a lowball offer out of desperation.

Texas law does provide some protection against this tactic. Under the Texas Prompt Payment of Claims Act, insurers must acknowledge receipt of claims within 15 days and accept or reject claims within 45 days. However, they often find loopholes or simply violate these requirements, betting that most claimants won’t pursue legal action.

4. Making Lowball Settlement Offers

Perhaps the most common tactic after accepting liability is offering a settlement far below what your claim is actually worth. These offers rarely account for:

In Texas, you’re entitled to compensation for both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). The Texas Civil Practice and Remedies Code §41.001 defines these damage categories, but insurance companies typically focus solely on immediate economic damages when making offers.

San Antonio’s Unique Challenges for Accident Victims

San Antonio presents specific challenges for accident victims seeking fair compensation:

Heavy Traffic and High Accident Rates

With over 1.5 million residents and millions of tourists visiting attractions like the Alamo and River Walk annually, San Antonio’s roads are congested and accident-prone. According to the Texas Department of Transportation, Bexar County consistently ranks among the top counties for traffic accidents in Texas.

This high volume of accidents has made local insurance adjusters particularly skilled at minimizing payouts—they handle hundreds of claims monthly and know every trick in the book.

Complex Local Court System

Navigating the Bexar County court system adds another layer of complexity. Cases may be heard in different courts depending on the amount in controversy:

Each court has different procedural rules that can impact how and when your case proceeds. Insurance companies leverage this complexity, knowing that unrepresented claimants may struggle to navigate the system effectively.

When an insurance company accepts liability but refuses to pay fair compensation, you have several legal protections:

Bad Faith Insurance Practices

Texas law prohibits insurance companies from engaging in unfair settlement practices. Under the Texas Insurance Code §541.060, insurers cannot:

Violations can result in additional damages beyond your actual claim amount, including attorney’s fees and, in some cases, punitive damages.

Statute of Limitations

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline, established by the Texas Civil Practice and Remedies Code §16.003, applies even if the insurance company has accepted liability.

Insurance adjusters are well aware of this deadline and may deliberately extend negotiations until the statute expires, leaving you with no legal recourse. Don’t let this happen to your claim.

Steps to Take When Facing This Situation in San Antonio

If you find yourself in this frustrating situation, follow these steps to protect your rights:

1. Document Everything

Keep detailed records of:

Texas courts value contemporaneous documentation, and thorough records strengthen your claim significantly.

Insurance companies often pressure claimants to sign releases or authorize access to their entire medical history. These documents can severely damage your claim.

Under Texas law, you’re not required to sign blanket medical authorizations. Instead, provide only records relevant to your accident injuries. The Texas Health and Safety Code §181.059 outlines your medical privacy rights.

3. Don’t Accept the First Settlement Offer

Initial settlement offers are almost always insufficient. According to industry studies, represented claimants receive settlements 3-4 times higher than unrepresented individuals, even after accounting for attorney’s fees.

Remember that accepting a settlement means signing a release that forever bars you from seeking additional compensation—even if your injuries worsen over time.

When insurance companies acknowledge liability but refuse fair payment, it’s time to consult with an experienced San Antonio personal injury attorney. A lawyer can:

Most San Antonio personal injury attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation. This arrangement allows you to obtain legal representation without upfront costs.

The Litigation Process in San Antonio

If negotiations fail, your attorney may recommend filing a lawsuit. Here’s what to expect:

1. Petition Filing

Your attorney will file a petition with the appropriate Bexar County court, formally starting the litigation process. The defendant (typically the at-fault driver and their insurance company) will be served and required to file an answer.

2. Discovery Phase

Both sides exchange information through:

This phase typically lasts 6-12 months in San Antonio courts.

3. Mediation

Before trial, most Bexar County judges require parties to attempt mediation. Many cases settle at this stage when insurance companies realize you’re serious about pursuing full compensation.

4. Trial

If mediation fails, your case proceeds to trial, where a judge or jury determines:

While most cases settle before trial, having an attorney prepared to go to court significantly strengthens your negotiating position.

How a San Antonio Personal Injury Attorney Makes a Difference

When insurance companies play games with your claim, having experienced legal representation changes the dynamic immediately. A skilled attorney:

Accurately Values Your Claim

Insurance adjusters use standardized software and formulas that typically undervalue claims. An experienced San Antonio attorney knows how local juries have valued similar injuries and can ensure your demand reflects the true value of your damages.

Prevents Common Mistakes

Simple errors like missing documentation deadlines or providing recorded statements can severely damage your claim. Your attorney manages these procedural aspects, protecting you from insurance company traps.

Levels the Playing Field

Insurance companies maintain teams of adjusters, investigators, and lawyers. Without representation, you face these resources alone. An attorney with experience handling San Antonio personal injury claims levels the playing field.

Conclusion: Don’t Accept Unfair Treatment

When an insurance adjuster says “we accept liability” but refuses to pay fair compensation, they’re hoping you don’t understand your rights under Texas law. This tactic succeeds only when claimants lack the knowledge or resources to fight back.

Remember that insurance companies are businesses focused on maximizing profits—not ensuring accident victims receive justice. Their initial acceptance of liability may seem like a concession, but it’s often just the beginning of their strategy to minimize your recovery.

If you’re facing this situation after a San Antonio accident, don’t navigate it alone. Consult with an experienced personal injury attorney who understands Texas insurance law and the local court system. Your financial recovery and peace of mind may depend on it.

This blog post is for informational purposes only and should not be considered legal advice. Each case is unique, and the information provided may not apply to your specific situation. If you’ve been injured in an accident, consult with a qualified attorney to discuss your legal options.