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Texas Insurance Defense Questions & Answers

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 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 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 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.

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 counter is... Read more »

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 your... Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for Texas on

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?

My license expired in February and upon trying to renew it this old ticket showed up from April 2014. I have no insurance now because I have no vehicle. I moved from San Marcos in 2015 to Spring Tx.

Gary D. Peak answered on May 8, 2019

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.

3 Answers | Asked in Insurance Defense, Bankruptcy and Personal Injury for Texas on

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

An explosion caused me both to lose my house and to be liable to a person for her injuries on my property. I am insured for $100k for the house and another 100k for the liability, but the person I am liable to is suing me for well over $200k. Will my home be rebuilt, or will all the money just be... Read more »

Rahlita D. Thornton answered on Feb 3, 2019

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... Read more »

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2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on

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

My conviction was overturn after 7 years. Can i get the $500. Schedule injury back pay ? Arizona workman comp.+

S. Michael Graham answered on Dec 10, 2018

When you start missing time from work, so it would normally be from the date of incarceration.

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Texas on

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

I was driving my car when the drive shaft broke off,as a result I lost control of my car and had to break hard and suddenly to prevent an running into anything. My children and I both are experiencing whiplash..pain in neck/head,stiffness ect. I called my insurance because I wasn't sure what to... Read more »

Reid Adam Winthrop answered on Jul 27, 2018

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.

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1 Answer | Asked in Car Accidents and Insurance Defense for Texas on

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

My car is less than a year old and due to the accident, the value of my car will decrease significantly. I do not need a personal injury lawyer since there is not physical injury. What of lawyer would I need for this process?

Anwar Sadat Montgomery answered on May 10, 2018

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... Read more »

1 Answer | Asked in Civil Rights, Car Accidents, Civil Litigation and Insurance Defense for Texas on

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

I had gotten hit in my company van. my employer fired me shortly after the man hit my company vando to being a liability. I just got served papers. i know to give them a copy they signed for, and also my insurance company did also. the paperwork says to reply within 20 days. who and what am I... Read more »

Kim Jones Penepacker answered on Apr 5, 2018

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... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on

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

We recently purchased a used 2016 Ford Mustang for my son for his 18th birthday which is on January 3rd. Until then, I did not want him driving due to him not being insured. 2 Days later, I gave him permission to drive to run some errands and pay some bills for us since me and his mother are away... Read more »

Steven Pate Harrelson answered on Dec 29, 2017

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.... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Texas on

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?

She made a claim in my insurance & they sent me a letter saying, “ it may be my fault” when the police told both of us that it she was at fault. What do I do??

David Scott Snellings answered on Oct 5, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets, Insurance Defense and Car Accidents for Texas on

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

Was very rude and uncooperative with exchanging information and he kept threatening to call the police even though I asked him to like 5 times. Any way there was no damage and no police report but he wants to make a claim and we both took pictures yet what the cars look like is different from what... Read more »

Peter N. Munsing answered on Sep 5, 2017

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.

2 Answers | Asked in Insurance Defense and Car Accidents for Texas on

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

Said he wanted to fix car but car hasn't worked in a year for his wife to get out his truck now sayin he will 2000 on trade in value so he wants 2000 and he wants to scrap the car but he never took my insurance the day of the accident it's been 2 months since I heard from the guy until today saying... Read more »

Peter N. Munsing answered on Sep 5, 2017

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.

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1 Answer | Asked in Insurance Defense and Car Accidents for Texas on

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

Peter N. Munsing answered on Jul 12, 2017

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... Read more »

1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Texas on

Q: IF AN INSURANCE COMPANY ADDED AN "EXCLUDED DRIVER" TO SOMEONE'S POLICY.. WITH THE WRONG NAME, BIRTH DATE, & RELATIONSHIP

WHO WOULD BE AT FAULT? THE "EXCLUDED DRIVER" WAS NEVER MEANT TO BE ADDED.. BUT ONLY GIVEN A QUOTE OF AN ADDED DRIVER, WITH NO RELATION TO THE INSURED DRIVER. A FRIEND ADDING A FRIEND BASICALLY. THE INSURED DRIVER HAS BEEN NOTIFIED TO SEND "PROOF" OF THE WRONGFULLY ADDED EXCLUDED DRIVER. THE... Read more »

Peter N. Munsing answered on Feb 7, 2017

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... Read more »

1 Answer | Asked in Insurance Defense for Texas on

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

My brother-in-law left a Will and a Power of Attorney. He named my husband as his agent in the Power of Attorney and left some else as executor of his Will. Does the Will revoke the POA?

Nancy Hui answered on Oct 29, 2014

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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