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Texas Insurance Bad Faith Questions & Answers
2 Answers | Asked in Insurance Bad Faith for Texas on
Q: Can I sue another drivers insurance company for damages that the other driver caused ?

In Colorado law

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

No. Like most US states, neither Colorado nor Texas allow direct actions against another person’s liability insurance company

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2 Answers | Asked in Insurance Bad Faith and Personal Injury for Texas on
Q: Can a insurance company just stop paying an open claim if you lost your insurance.

I broke my right hand fingers in May and lost my Job in June and have been seeing a doctor and physical therapy to get my hand back and lost my insurance I'm July and they said thru don't have to cover any more medical treatment after July.

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

Yes, the insurance company can stop paying if you did not elect to continue your health insurance after losing your job. You do have 105 days from the date your employee health coverage ended to complete and submit your COBRA Election form with your premium payment. Your employee health coverage... View More

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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Criminal Law, Family Law and Personal Injury for Texas on
Q: Can a person use a car accident photo as abuse and also use it in their settlement claim?
Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

It is unclear from your question whether any claim of child abuse has been lodged, and further, whether the photo somehow includes a child whose custody is at issue. Evidence takes many forms both in civil matters and in family law cases. If a photo is properly authenticated (taken at the time... View More

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2 Answers | Asked in Insurance Bad Faith for Texas on
Q: Is a "pollution exclusion" clause on an insurance policy an all encompassing clause with no exceptions?

Was wondering if this is an all encompassing clause? My house became contaminated by some sort of fumes related to criminal activity as some squatters/drug dealers moved into a nearby abandoned house and cooked up something that got into my vents and the whole house. I've dealt with the police... View More

John Michael Frick
John Michael Frick
answered on Jul 14, 2023

There are different types of pollution exclusion clauses, and various exceptions depending upon the type of clause in your policy.

One very common exception that may apply is the hostile fire exception. This often applies to smoke or fume damage when the source is an incident away from...
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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I was wondering what happens when an at fault insurer cancels their policy in the middle of a claim.

I called the at fault insurer and they said they can’t proceed my claim because they’re investigating the insurer’s coverage issue. What does this mean? Are there any next steps?

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

Insurance cancelling after the incident occurs generally does not cancel the coverage for the incident.

What the insurer means is that the insured might not have had coverage at the time of the incident. This could be sue to failure to pay premiums or other violations of the insurance policy.

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: An insurance company denied the claim

I live in Texas and have an insurance from Texas as well. I was visiting my wife in Arizona and she got in accident driving my car. The insurance company asked me for proof of ownership of the vehicle I sent them a bill of sale for a full purchase date 02/08/2023 as I paid half of the price to my... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

I would send the insurance company a copy of your car title and registration, and ask it to reconsider.

A bill of sale can be easily falsified or manufactured, particularly if a relative is involved.

The actual certificate of title is what shows who the actual owner of a motor...
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1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Bad Faith and Small Claims for Texas on
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³

Stowers someone for over policy limits

John Michael Frick
John Michael Frick
answered on Jun 10, 2023

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send...
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1 Answer | Asked in Insurance Bad Faith for Texas on
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... View More

John Michael Frick
John Michael Frick
answered on May 31, 2023

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...
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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Texas on
Q: How do you obtain salvage value in Texas?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Total loss value in Texas is calculated using the National Automobile Dealers Association (NADA) guide to determine the listed retail value of the accident vehicle as of the date of loss.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Intellectual Property for Texas on
Q: What can be done about an insurance company not complying to pay for property damage in a no fault auto accident

My husband was in an auto accident driving his brothers truck. the insurance company ruled he was at no fault but, they are not wanting to pay the property damage. No lawyer wants the case because there was no injury. Neither insurance company's belong to my husband so we don't know how... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A Texas attorney could advise best, but your question remains open for a week. One option is to continue trying to find an attorney to handle the matter. If still no luck, another is to handle the case on your own. The problem you describe is not uncommon with property-damage-only claims, where it... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: What do I do to ask for more for a total loss vehicle?

I file a claim due to a vehicle accident that was cause my a Fred loya policy holder, the person was at fault. The vehicle that I was driving belong to my mother. Since she doesn't have another vehicle I been taking some time of work to take her do her errands. I did ask them to prove rental... View More

John Michael Frick
John Michael Frick
answered on May 11, 2023

You are under no legal obligation to accept a settlement offer. Your mother can sue the person who caused the accident for the damage to her vehicle and for loss of use.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: I have health insurance claims that have been paid at different rates for the same services.

Insurance with a previous employers self insured plan.

Tim Akpinar
Tim Akpinar
answered on May 15, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It's not necessarily a matter of insurance bad faith. It's more likely to be inconsistencies in the billing department. If the claims were processed by different people, they may have applied different... View More

2 Answers | Asked in Insurance Bad Faith, Small Claims and Car Accidents for Texas on
Q: Do you sue an individual or the insurance company, whereby an insurance company denies a claim / their insured at fault

In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!

other party claimed couldn't speak English and Police... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.

Our JP courts have jurisdiction up to $20,000. If the damage to...
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1 Answer | Asked in Family Law, Banking, Insurance Bad Faith and Small Claims for Texas on
Q: What to do if ex won’t endorse a two person signature check for an insurance claim where they were the co-signer on car

Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.

You may be able to secure an order from your divorce court compelling your ex to endorse the check.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Driver that hit us insurance company is paying all but $500 of a $35000 claim and want us-not atfault to pay diff-Legal?

We have a range rover and only 2 places are certified to fix it which means only Land Rover will sell parts to them- we went where the other guys insurance told us to go and after 8 weeks of trying to get an authorization they are refusing to pay the entire thing. Leaving our car hostage over... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

You can recover loss of use, which is how much it would take to rent a similar Land Rover from the date of the accident to the date repairs are complete

1 Answer | Asked in Insurance Bad Faith and Small Claims for Texas on
Q: Can I press charges on a insurance agent for stealing my $5600 premium down payment

And financing $3000 on my premium policy

John Michael Frick
John Michael Frick
answered on Mar 9, 2023

I suspect police will tell you this is a civil matter. Because such a small amount of money is involved, a civil claim for this amount falls within the jurisdiction of Texas justice of the peace courts. Such courts handle “small claims” where the amount in controversy is less than $20,000.... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How do i sue an auto insurance company that is denying rightful claim?

My claim for auto insurance was denied by the perpetrator's insurance because their client "won't cooperate with the investigation. My car is still damaged. Do i have a claim?

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

In Texas, you cannot sue another person’s insurance company directly.

Instead, you should contact a personal injury attorney to file suit against the other driver.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: A vehicle hit my car and 2 others in the garage where I live. The apartment complex had my vehicle towed to a storage lo

The person who hit my car is underinsured and my insurance company is considering this a total loss. I can't replace the vehicle with one that has the same mileage and condition as mine. How can I recover enough to get a decent vehicle?

John Michael Frick
John Michael Frick
answered on Feb 9, 2023

You should make a claim on your uninsured/underinsured insurance coverage.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Do I have to answer Discovery for past criminal offenses in small claims court. I’m plaintiff suing for diminished value

Her insurance has already admitted she’s at fault and repaired my car. Lawyer is claiming she is not liable. Does this apply? Rule 404. Character Evidence; Crimes or Other Acts

(a) Character Evidence.

(1) Prohibited Uses. Evidence of a person’s character or character trait is... View More

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Rule 404 is a rule of evidence, not an exemption from discovery.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: In Texas, is there a statute of limitations for a homeowner's claim to be accepted or denied?
John Michael Frick
John Michael Frick
answered on Jan 7, 2023

The statute of limitations is the period of time within which the homeowner must file a lawsuit against the insurance company.

Separate and apart from the statute of limitations, the Prompt Payment Act requires an insurance company to respond within a specific time to a claim made by the...
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