Lewisville, TX asked in Insurance Bad Faith for Texas

Q: Can insurance retaliation

I car was hit by a car (not my fault. I have video evidence). The other party's insurance paid for the repairs. It was a minor scrape on the bumper. The insurance wanted to put aftermarket bumper but I refused and argued with them and they finally agreed to put OEM bumper on the car. But they retaliated by doing two things.

1. Reported the accident as moderate to severe (the bar was in between moderate to severe on the report) to Carfax (I have the Carfax report to prove this)

2. Reported on my insurance that the 'at fault' party was me (I had an agent run my insurance and came back as me at fault). I'm unable to get insurance from reputed companies because of this and the companies that offer insurance to me, their premium is high.

They didn't offer any compensation for diminished value. Also the state is Texas.

I am thinking about filing a case in the small claims count asking for deliberately sabotaging my carfax and insurance history.

What should I do in this situation?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could try to arrange a consult with a local attorney - there's the possibility that what you assert to be a deliberate act could be argued by the carrier as oversight, or other unintentional reason. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.