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Texas Insurance Bad Faith Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Was in car accident not on insurance and seeking guidance

A couple of weeks ago I rolled into an intersection and got t boned. It was not my car and I'm not in the insurance. The insurance company contacted the provider and is threatening to sue for this. (This is what I gathered over the phone call I just had with them) this is the first car... Read more »

Doug Goyen
Doug Goyen answered on Jun 18, 2021

From the way you phrase the question, it sounds like you believe you caused the collision. You may want to go over the details with an attorney, just in case.

If you were driving someone else's vehicle:

Did you have permission to use the vehicle you were driving?

If...
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2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

They will probably verify it unless someone is being lazy.

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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can a insurance claiming company claim more than a cars worth?

Can a insurance claiming company claim more than a cars worth?

Back in january of 2020 I got into a wreck with no insurance, the lady's insurance company came after me for a dent in her door and a dent in the door frame. Her car was a 1998 toyota. The insurance company is trying to... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 20, 2021

Her insurance company can't "charge" you at all, but they can sue you for the damages they had to pay, whatever that is. Typically, if the cost to repair the damages are more than the car is worth, they pay the value of the car. I suggest you get a release in exchange for your... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Rear end accident hos. Has a lean on claim, I have medicare

Hospital said that they didn't have that information

Tim Akpinar
Tim Akpinar answered on Dec 27, 2020

A Texas attorney could answer best, but you await a response for two weeks. Hospitals might not have up-to-date lien information. If an attorney is representing you in this accident, it's possible they could have been placed on notice by the agency(s) asserting rights from the proceeds of your... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Estate Planning for Texas on
Q: My mother had no beneficiary listed on her life insurance policy, what can I do to get the information I need?

Not only did she have no beneficiary but her ex employer whom she was long retired from seems to be holding up the process to pay out the funeral home. For privacy reasons they will not give out the policy number (the insurance company) and i have no copy of the policy itself. The funeral home... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 1, 2020

Step one. Obtain the death certificate.

Step two. Hire a local probate attorney to help you file either a Small Estate Affidavit or an Application to Determine Heirship, opening the estate.

Step three. Send the court order to the life insurance company.

Please remember...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Is my school liable to damage to my car due to negligence on their behalf?

I attend a small private school and they have the students park in a parking garage. However, whenever it rains they sometimes move the gym class and will have it take place in the garage. Normally there is not issues but today, they decided that it was going to be a good idea to play dodge ball... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for two weeks. It could depend on whether there are property damage disclaimers the school has in effect for staff cars parked on the premises. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: My wife was rear ended last week, the other driver did have insurance and they are saying our car is a total loss.

But they are not offering us what we feel is right. If we take their offer we will still have to come up with $200 to pay off our loan. We feel that they should at least pay off the old car and give us enough for a down payment on another car. Do we have any recourse here?

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your question remains open for three weeks. Unfortunately, this is a common situation in total loss declarations. A local attorney might be able to identify additional options under state law. But as a general premise applied in these settings nationwide,... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How long does an auto insurance company have to settle a claim?

Filed the claim in December 2019. Insurance company is demanding a 2nd recorded statement after 7 months. Looking for legal advice on how to handle this.

Tim Akpinar
Tim Akpinar answered on Jul 19, 2020

A Texas attorney could answer best, but your post remains open for two weeks. As a general matter, the insurance company can take reasonable measures to investigate and verify the facts of the claim. There is no inherent duty to settle - there are claims that don't get settled. It could be... Read more »

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Texas on
Q: What is the dealership’s extent of responsibility for a vehicle they wrecked on their property?

While completing recall work, the dealership wrecked my husband’s truck. The truck is 9 years old, in good shape and has never been wrecked or repaired until now. Due to the age, the paint was oxidized in some places on the truck other than where the damage occurred. While they have accepted... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

With all due respect, at nine years old chances are it's value is diminishing anyway, so a repaint won't matter. You can ask them to repaint the whole, but if the paint is going anyway, you may want to see if for a few dollars they will do the whole truck.

1 Answer | Asked in Criminal Law, Federal Crimes, Insurance Bad Faith and White Collar Crime for Texas on
Q: What kind of Attorney handles victim of Texas Work Comp Insurance Fraud?
Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

In terms of prosecution, Workers' Comp and other types of insurance fraud cases are generally handled by the County District Attorney's office or the U.S. Attorney's Office. In terms of defense, they are generally handled by criminal defense attorneys, usually with insight into white... Read more »

2 Answers | Asked in Contracts, Criminal Law and Insurance Bad Faith for Texas on
Q: Yes my question is about an Trucker's Group Insurance Policy on the job that fall under an Occupational Accident Policy

an o/o trucker who is leased to this trucking co. this policy is in the trucking co. name only , they is the owner of your policy. and they make up they own rules if they want to pay or not and it is most no to be. I have a stroke on the job back in July 28, 2009 why on the job at work and they... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 2, 2020

Thank you for your question. I am certain that you are aware you will need legal representation that is particularly skilled in WC law. However, I am sure that is not why you came to this site. I will attempt to assist you because I understand the dire predicament you are in.

SRS is not the...
Read more »

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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How long do insurance companies have to settle PIP claims?
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 23, 2019

Normally, they are supposed to pay within 30 days after all required information has been received by them. Sometimes they want extra information after receiving initial information.

4 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I’m a foreign national who got into a car crash. I’m at fault. I don’t have any property in United States.

What if I get sued? If I plan to return to my country can I use that in the settlement?

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

If you have insurance the insurance will take care of it. If not, saying you'll return and trying to get out of it may generate a call from the person to the authorities which is no problem if your visa is valid but if you have overstayed........

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1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Insurance Defense for Texas on
Q: Can claim on my AD&D if cancer & injury has stopped my arm and hand from working?

A year ago i was put on short term then long term and ssi. June of this year, i was told by doctors my arm and hand would never work again. So most likely i will lose my job. Can i claim on my insurance i had and insurance my company had on me, like AD&D?

Tim Akpinar
Tim Akpinar answered on Sep 3, 2019

If you could repost or add categories, add Social Security and Public Benefits. You are correct in selecting Personal Injury, but you would probably get more meaningful input from an attorney who handles Social Security disability matters. Good luck

Tim Akpinar

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: Is it too late to sue for damage?

My vehicle was totaled last year while parked at a tire shop, the driver involved allegedly fell asleep while driving. He totaled my car and some other vehicles that was parked. The driver does not have an insurance and not listed in his parent's car. My car was in pristine condition &... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

I believe the statute of limitations for damage to property is two years. Contact your insurance because they may sue him in "subrogation,"

and would include an amount that covers your deductible.

But first I'd ask him to pay you and see if he agrees. If not you can...
Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: friend got a citation for no license in my car. They used my insurance. Will my parents find out? Or will my rate go up?

Insurance under parents

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

Was there a crash? If not no problem. Even if there was, I don't see a problem under most scenarios. Rates only go up if the driver is at fault in causing the collision, if there was one. The question of fault has nothing to do with the license.

2 Answers | Asked in Insurance Bad Faith for Texas on
Q: Texas and bad faith

My daughter was hit by a driver who ran a red light. The other driver was ticketed. His insurance company denied our claim without even having a copy of police report. They have also been very difficult to contact. I read that Texas doesn’t allow bad faith lawsuits unless it is between the... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 4, 2019

You should pursue the case and obtain an attorney if the other driver was ticketed if your daughter sustained injuries. There may be other options considering the facts of the accident and whether you also have coverages that can apply. Of course there are time limitations on a lot of claims.... Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: An auto insurance company doesn't want to counteroffer until I come down more from my original counter. what should I do

Just received a letter from the insurance company saying:

""We have minimum limit policies 30/60 and unless the counters are more reasonable for me to extend another offer I could be bidding against myself. You can call me and we can discuss the claims and if a more reasonable... Read more »

Tim Akpinar
Tim Akpinar answered on May 19, 2019

Based on the facts at hand, it isn't mentioned what their offer is. If you consult with a Texas injury attorney for their opinion on the insurance company's offer, they are going to want to know more about the medicals. Based on the description here, the other vehicle ran a red light and... Read more »

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