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Texas Insurance Defense Questions & Answers
1 Answer | Asked in Criminal Law, Car Accidents, Civil Litigation and Insurance Defense for Texas on
Q: can my Texas drivers license be suspended if I'm the owner of car but vehicle was wrecked by someone else driving

the car was bought for relative, still in my name and was supposed to have car insurance on the vehicle but found out there was none . The person driving did not have my permission to move that vehicle at all, I was not aware of any other person driving . The car had CPI insurance from the... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

You can loss your TDL if the other party get a judgment against you. You may need to retain a lawyer,

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: 9/17/21. Chevey silv Hit 3 of our parked vehicles totaled 1. They left the seen. In closed claim

Hello on Sept 17,2021. Two of my personal vehicles and my sons truck he was test drive for the week but was in were involved in a hit and run . The driver took off and they found the vehicle a couple of streets down and 2 houses from were they live. Police report was done. Sept 20 is when I spoke... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 24, 2022

A Texas attorney could advise best but your question remains open for three weeks. You could place the matter into suit, or contact an attorney to do so. You and the carrier would then proceed with the claim through the court system. If you have a denial from the carrier, that would be helpful.... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: We had a fire in our barn. I had emailed the insurance agent to insure but she did not. Do we have a case?

I have the email where I asked her to do other things, that she did, but did not insure the barn. We also have a clause that outer buildings are insured but they will not pay.

Tim Akpinar
Tim Akpinar answered on Feb 13, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry about your fire. It could be difficult to say whether or not you have a case based on the brief description here. What is your carrier's normal protocols for revising policies? Do they modify... Read more »

1 Answer | Asked in Insurance Defense for Texas on
Q: If I drive a vehicle that doesn't have insurance on it can I still be held financially responsible for the vehicle

Vehicle is not mine and not registered to me

Teri A. Walter
Teri A. Walter answered on Jan 6, 2022

You're always responsible for accidents you cause, no matter whose vehicle it is. You need your own insurance.

1 Answer | Asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas on
Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?

I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against... Read more »

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Texas on
Q: I've Amica insurance for both home & auto & my son hit house. Amica says to cover home on home policy, not auto. Fair?
Leroy Scott
Leroy Scott answered on Nov 12, 2021

That sounds about right. Your auto policy probably covers damage to the vehicle itself (collision or comprehensive coverage) and damage that you cause to other people’s property (liability/property damage coverage). While your home policy covers damage to the home itself and may cover injuries to... Read more »

1 Answer | Asked in Employment Law, Insurance Defense and Personal Injury for Texas on
Q: If I go back to work and get hurt again in my neck or back would I be able to sue for injury at the new job

I have had neck and back surgery and my attorney told me to go back to work in my field my field is construction

Tim Akpinar
Tim Akpinar answered on Oct 20, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Based on your description, it does not look like a personal injury matter involving suing, but more likely a workers' comp claim. If the attorney you mention is handling your workers' comp claim, they would... Read more »

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »

Leroy Scott
Leroy Scott answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can we claim damage on a property that was sold if the claim was made prior to sale?

Our home in Texas had suffered roof damage due to hail. We opened a claim with insurance company. They delayed sending the check for repairs. Meanwhile the home got sold at a much reduced price. Insurance company later sent the check, but it had both ours and the mortgage company's names.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2021

A Texas attorney could answer best, but your question remains open for three weeks. If you were represented by an attorney in the sale, they would be in the best position to advise. But as a general matter, you may have signed a release that reflects your acceptance of money damages for the... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: My husband was in a at fault car accident. Due to clerical error on the insurance side.

They where trying draft auto pay from a different form of method than I had set up. The insurance on my vehicle then lapsed 2 days before the accident. I received a letter from the adjusters stating they where covering the cost of damage and could take it to any mechanic to be fixed. A few days... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks and it sounds like time is of the essence in your response. I'm very sorry for your loss. A local attorney should advise on the specific operation of Texas law, but as a general rule in most jurisdictions,... Read more »

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...
Read more »

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.

View More Answers

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 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...
Read more »

1 Answer | Asked in Insurance Defense for Texas on
Q: Insurance claim for fender bender - can you tell insurance company you want to pay out of pocket?

My son was driving a car owned and insured by my wife. On a recent visit to his mother's house, he backed into his sister's car and made a small dent. My ex-wife has filed a claim on her insurance, even though my son told her he would pay for the repairs out of pocket, and now her... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

A Texas attorney could advise best, as insurance practices are governed by state law. But your question remains open for four weeks. As a GENERAL matter nationwide, without regard to state-specific practices, those types of small property damage claims are sometimes left to the discretion of the... Read more »

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 Civil Litigation, Environmental and Insurance Defense for Texas on
Q: Does a Fire Department have the right to use or "seize" personal equipment or resources in a emergency?
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... 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

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