Texas Insurance Defense Questions & Answers

Q: An auto insurance company doesn't want to counteroffer until I come down more from my original counter. what should I do

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Answered on May 19, 2019
Timur Akpinar's answer
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 your vehicle was totaled. But the other important element here will be the extent of injuries. Hopefully everyone in your vehicle is okay. But to discuss the case more meaningfully, a Texas attorney will have...

Q: Can I have an attorney write a letter to a judge for me to have a ticket from 2014 for no insurance and fta dismissed?

1 Answer | Asked in Insurance Defense and Traffic Tickets for Texas on
Answered on May 8, 2019
Gary D. Peak's answer
Yes you can, and what we usually do under facts like this is try to get the Judge to allow you to pay the Fail to Appear and dismiss the no insurance. The FTA is not a moving violation and it keeps you from getting a suspension for no insurance and surcharges.

Q: Will the insurance company rebuild my home or just use the money to payoff a claim?

3 Answers | Asked in Insurance Defense, Bankruptcy and Personal Injury for Texas on
Answered on Feb 3, 2019
Rahlita D. Thornton's answer
You should consult an attorney who handles property damage casualty claims or bad faith claims by insurance companies. More facts need to be elicited. But, in general your insurance company has a duty to act in good faith on your behalf. A lot of times the insurance companies do not look out for their insured's interest first. Even if you do not hire an attorney ask the insurance company to keep you updated with any settlement negotiations with the other individual whom you may have a duty...

Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Answered on Dec 10, 2018
S. Michael Graham's answer
When you start missing time from work, so it would normally be from the date of incarceration.

Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Answered on Jul 27, 2018
Reid Adam Winthrop's answer
If you have liability only insurance, then you are likely not covered for any damage or harm to you or the passengers of your vehicle. You should review your policy to determine the coverages.

Q: Had a car accident yesterday. There were no physical injury. I am looking to sue the person that hit me.

1 Answer | Asked in Car Accidents and Insurance Defense for Texas on
Answered on May 10, 2018
Anwar Sadat Montgomery's answer
I would recommend searching for an attorney who handles "diminished value" property damage claims in El Paso. The bad part is that you may find it difficult to find an attorney who will take such a case on contingency (no-win no-fee), but there's no harm in reaching out to a couple of law firms for a free consultation.

Q: I have been served papers for a civil lawsuit I gave copies to my past employer and insurance Co. What do I reply saying

1 Answer | Asked in Civil Rights, Car Accidents, Civil Litigation and Insurance Defense for Texas on
Answered on Apr 5, 2018
Kim Jones Penepacker's answer
As soon as possible, you should hire a personal injury defense attorney to assist you in filing an Answer with the Court. Failure to do so could result in a default judgment being entered against you, which would be a judgment in favor of the Plaintiff(s) that you would likely have to pay. A personal injury defense attorney can help you with the contents of your Answer and explain the consequences for failing to respond in greater detail.

Q: Son got in a car accident 2 days after we bought the vehicle and is not insured

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Answered on Dec 29, 2017
Steven Pate Harrelson's answer
You should check your insurance policy to determine whether he was an excluded driver. It's possible that your insurance will still cover the accident, depending on the insurer. However, it's likely that there's an exclusion for allowing someone to drive the car who is not a licensed driver. Secondly, you should be concerned about a potential lawsuit against you for negligent entrustment, which is a cause of action in Texas. You should contact your insurer ASAP to notify them of this claim...

Q: A lady hit my car from the right back side because she had failed to yield. She didn’t have insurance, what do I do now?

1 Answer | Asked in Car Accidents and Insurance Defense for Texas on
Answered on Oct 5, 2017
David Scott Snellings' answer
My suggestion would be to speak with a personal injury attorney as soon as possible. A knowledgeable personal injury attorney can work to determine if the other driver, in fact, does not have any insurance as well as look at your own insurance policy to determine if there might be coverage there for this type of situation. I would also avoid providing any recorded statements to either insurance company and allow your attorney to work on establishing liability.

Q: Ok so i bumped into another vehicle and I was trying to be responsible and give my information but the other driver...

1 Answer | Asked in Traffic Tickets, Insurance Defense and Car Accidents for Texas on
Answered on Sep 5, 2017
Peter N. Munsing's answer
Let your insurance handle it. He has a case for what you think he does. He wants to make a big deal. Time to call in those you pay a premium to handle such things.

Q: What can a person do if they didn't take my insurance 2 months ago after I hit their car! And now asking me to pay it

2 Answers | Asked in Insurance Defense and Car Accidents for Texas on
Answered on Sep 5, 2017
Peter N. Munsing's answer
You owe him cost of repairing the damage you did or the total loss value, whichever is less. If you want to contest it tell him you will pay cost of fixing what you did. If that is less than 2000, offer that. If it's more than 2,000 you may be getting a deal.

Q: Insurance company said my truck is totaled and it is still drivable. Do I have the right to second opinion?

1 Answer | Asked in Insurance Defense and Car Accidents for Texas on
Answered on Jul 12, 2017
Peter N. Munsing's answer
Totaled means the cost of fixing is more than the book value.It could be driveable but because of age it's book value is low. They aren't required to pay more than book value. Example: you own a 67 Dodge dart, good to 240,000k You have 120k and they offer you book value of $300. If that's the book, then even if it's totally driveable, it's their option--not yours.

If you were hurt, contact a member of the Texas Trial Lawyers Assn--they give free consults.


1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Texas on
Answered on Feb 7, 2017
Peter N. Munsing's answer
If the excluded driver wasn't driving they can't get all technical when the crash happens. Makes sense to talk to a member of the Texas Trial Lawyers who handles bad faith. In the meantime, confirm what they are doing--that they agree the car was driven by the person who had the policy; that it was paid as of date of crash; that it is a coverable event; that they are chosing not to cover it. Then send them a confirming letter. Then go to the office of consumer affairs of the insurance...

Q: If a Will and a Power of Attorney are exacuted at the same time are they both legal?

1 Answer | Asked in Insurance Defense for Texas on
Answered on Oct 29, 2014
Nancy Hui's answer
No. Power of attorney is in effect only while the principal is alive. Once the principal dies, Power of attorney automatically terminates. A will on the other hand governs how/to whom the person wants his assets to go after death. There are no conflicts wth these two documents.

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