Dallas, TX asked in Insurance Bad Faith for Texas

Q: After being involved in accident the opposing insurance co took my car to there lot and now refuses to pay black mail me

They sent me expired notice to get total loss vehicle it arrived 5:48.pm of day the letters expired and they are staring abandoned processing. They sent a letter saying total loss and getting approval for ACV check then waited 21 days to tell me no and get my vehicle off there lot and ok pay them for the storage that they eagerly stole off the city of Dallas impound without my consent or permission. The city pound failed to protect my car and the police officers who witnessed the accident failed to do thee job and assigned fault to the report and failed to list my passenger so all they way around I being screwed by city of Dallas , the real at fault insurance company, my insurance won’t do anything. Dept of insurance it’s been since April 18 tg and still haven’t Howard’s from them Help I have no rental car no ride since March 4 th date of loss

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Your legal rights and responsibilities depend heavily on who was at fault in causing the collision and resulting damages. If there is no agreement on this fundamental point, you will need to file a lawsuit so that a judge or jury can make that determination.

Your insurance policy is a contract between you and your insurance company. If you have collision coverage, your insurance company should be contractually obligated to pay you to repair the damage to your vehicle or the fair market value of your vehicle at the time of the collision. Some drivers choose optional rental reimbursement coverage which pays up to a set amount per day for you to rent a car, often with a set maximum number of days.

Towing and storing your damaged vehicle is initially your responsibility although you might be entitled to reimbursement of your out-of-pocket expenses from the other driver if the collision is ultimately determined to be his fault. Until then, you should pay such costs in order to preserve your damaged vehicle for inspection so the extent of the damage can be assessed.

In the event litigation does occur, you can point out any discrepancy between the police officer’s report of the accident and your own accident report at that time. Until then, discrepancies like omitting passenger names are largely irrelevant.

Make sure you take lots of photographs of the damage to your vehicle and of the accident scene to use as evidence later.

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