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Stop Insurance Schemes – Don’t Let Insurance Companies Cheat You!

Insurance HB 946

DALLAS, April 25, 2025 — This week marks the halfway point of the 89th Texas Legislature. Our firm is working to advance bills that will improve safety and protect our citizens against predatory insurance companies. More specifically, we are working to support legislation that will stop predatory “swoop and settle” schemes used by insurance companies to trick Texans.

Background

Insurance companies prey on vulnerable Texans. After a wreck, they often swoop in, call you when you are hurt, and try to get you to settle quickly on the cheap before you know the full extent of your damages and medical costs.

A bad court case called Gilbert vs. Fitz makes settlement statements given over the phone to insurance companies enforceable against you. These “swoop and settle” schemes prey on victims during a vulnerable time. Some insurers swoop in right after a wreck and try to get people to settle their claim over the phone for pennies on the dollar, before you have even had a chance to go to the doctor or can get your vehicle inspected.

Support HB 946

We need to end the vulture culture in insurance companies that do things the wrong way, and we are glad to support HB 946 which will require insurers to put any releases in writing. Stop insurance carriers from tricking you into giving up your rights over the phone.

How You Can Help

You can tell your lawmakers to support this great bill by emailing your local representative the following:

As your constituent, I am writing to ask you to SUPPORT HB 946 by Rep. Cassandra Garcia Hernandez. This important safety legislation will stop predatory "swoop and settle" schemes used by insurance companies to trick Texans. Here's how it happens: You have just been involved in a car wreck. Your car is destroyed. You are hurting and disoriented. After you exchange insurance information with the other driver, take photos of the damage, and gather witness information, what comes next? Often the other driver's insurance company calls wanting a recorded statement from you. The Gilbert v. Fitz case held that an oral settlement agreement recorded over the phone by an insurer is legally enforceable. This can have devastating consequences for you and your family. When predatory insurance companies immediately lock you into a cheap settlement of your claim before you know the full extent of your injuries or rights, it has a big cost. Medical providers often require reimbursement for their services from your settlement, and if you settle for an amount that is too low, it could cost you thousands of dollars. If you need additional medical treatment, the burden can fall on local taxpayers to pick up the tab for uncompensated “charity care.” We must put an end to this predatory insurance scheme. HB 946 simply makes the oral release of auto insurance claims unenforceable. That is a good thing. Insurance companies should have to put everything in writing so you have the time you need to make an informed decision about whether a settlement is sufficient to provide for your care. Please support HB 946 and protect your constituents.

About The Law Office of Ajay R. Shah, PLLC

The Law Office of Ajay R. Shah is an award winning boutique law firm in Dallas. The firm’s CEO and founder, Ajay R. Shah, has more than 28 years of experience in representing clients in a wide variety of business and personal legal matters.

Ajay R. Shah has been consistently recognized by D Magazine as one of the “Best Lawyers in Dallas” and as a “Super Lawyer” by Thomas Reuters. He was also recently named by The National Trial Lawyers for inclusion into its Top 100 Civil Plaintiff Trial Lawyers in Texas.

The Law Office of Ajay R. Shah handles complex business matters and disputes throughout the state and beyond. If you need an experienced and hard-working lawyer on your side, Ajay R. Shah is ready to help you.

Contact:

Ajay R. Shah
The Law Office of Ajay R. Shah
12222 Merit Drive, Suite 1200
Dallas, Texas 75251
O: 972-837-2237
F: 972-837-2238
ajay@ajayshahlaw.com