Post oak law pc


Announcements and Information


I often hear the same or similar questions over and over. While I don’t mind answering these questions again and again below are some answers to three frequently asked questions:

  • What is the difference between and 1st party and 3rd party claim?

A 1st party claim is one where a policy holder or household member makes a claim against their own insurance policy. This can be for property damage after a collision, medical payments (med pay) coverage, or UM/UIM (uninsured/under insured) coverage. A 3rd party claim is when a person make a claim for damages against someone elses’ insurance company (the at-fault carrier). The law applies a higher standard of good faith and fair dealing to 1st party claims.

  • I submitted all my bills and records to the insurance company but now the adjuster won’t call me back. What can I do?

Unfortunately, there is not much you can do to get an adjuster to return your calls or make you an offer of settlement. Your best bet is to hire an attorney to submit your bills and records in a time-sensitive demand to the insurance company. Insurance companies tend to be more responsive to attorneys as an attorney is capable of filing a lawsuit that the insurance company will have to pay an attorney to defend.

  • The insurance company suggested a body shop to take my car to for repairs - can I use my own shop?

Yes! You do not have to use any particular body shop to repair your vehicle. That said, we advise you to use a shop that guarantees their own work because if a repair fails, the insurance company will not pay for you to take your vehicle to another shop.

Please do not hesitate to call or office if you have questions regarding these topics or any other questions you may have.