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Texas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them

To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can... View More

1 Answer | Asked in Car Accidents, Landlord - Tenant and Civil Litigation for Texas on
Q: My car was involved in a hit-and-run inside the apartment complex parking lot where I am renting. What are my rights?

I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release.

Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you...
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1 Answer | Asked in Car Accidents for Texas on
Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty

My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

It depends on the terms and conditions of the insurance policy, which are construed against the insurer.

I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for...
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2 Answers | Asked in Car Accidents, Consumer Law and Banking for Texas on
Q: I have auto loan on a car that has been totaled out more than 5 months ago.

Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Legally, you owe the lender whatever the balance is on your loan. Almost all auto loans also require you to maintain full coverage insurance on the vehicle and give the lender the authority to buy insurance and add the premium to your loan amount if you do not timely furnish proof of insurance to... View More

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1 Answer | Asked in Car Accidents, Animal / Dog Law, Personal Injury and Civil Litigation for Texas on
Q: Seeking justice and compensation for accident injuries and loss.

I was a passenger in an accident on September 21, 2024, where the at-fault driver killed my dog and caused severe injuries to my ankle, tibia, and has left me unable to walk. Despite my serious condition, neither the EMS nor police assisted me by taking me to the emergency room. Witnesses weren’t... View More

James L. Arrasmith
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answered on Apr 13, 2025

First, it’s crucial to document everything related to the accident, including medical records, photos of your injuries, and any communication with the police or witnesses. Since the police report is incomplete, you can request to speak with the police department about the discrepancies and ask if... View More

1 Answer | Asked in Car Accidents and Consumer Law for Texas on
Q: How to handle unresolved and new at-fault car accidents with insurance?

I had a car insurance claim for a not-at-fault accident that was waiting for a repair booking after the assessment. While waiting, I was involved in another accident at fault, and now my car is declared a total loss. The first claim has not been resolved or communicated in writing. I need guidance... View More

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2025

A Texas attorney could advise best, but your question remains open for a month. The second claim, involving the total loss declaration is probably straightforward. The first claim might be more difficult, depending on the position of the carrier. A starting point could be to approach the first and... View More

3 Answers | Asked in Car Accidents and Insurance Defense for Texas on
Q: Two car accidents with admitted fault; steps for unreported case?

I have two ongoing cases related to car accidents. In the first accident, I was hit from behind, and the other driver admitted fault. I have contacted the insurance company for this accident. The second accident involved a company vehicle, and the driver also admitted fault, but I have not yet... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

Legally you can file a lawsuit against the other driver to adjudicate responsibility for each collision.

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3 Answers | Asked in Car Accidents and Insurance Defense for Texas on
Q: How to find out insurance company offers for my car wreck case?

I was involved in a car wreck on May 9, 2024, in Lubbock, TX. I am trying to find out what the insurance company has offered for my ongoing case. How can I access this information and ensure I am aware of the offers made?

John Michael Frick
John Michael Frick
answered on Mar 14, 2025

The offers would be made to you or to your attorney, not to some unknown stranger.

If you have an attorney, ask.

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2 Answers | Asked in Car Accidents and Small Claims for Texas on
Q: Can I sue my boyfriend in small claims court after a car accident in Texas?

I was in a car accident where my boyfriend was the driver, and neither of us have car insurance. The accident involved a pile-up where he swerved, sideswiped another car, and damaged the car’s axles by going up a curb. There were witnesses, and the police were present, although I'm unsure if... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

Yes you can if you are the owner of the damaged car.

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2 Answers | Asked in Car Accidents and Insurance Defense for Texas on
Q: Insurance company hired lawyer after car accident claim

I was involved in a car accident over a year ago where the other party was at fault. My attorney has sent all the necessary medical bills and records to the insurance company, and we had asked for the policy limit. However, we haven't received any response from them. Now, it seems the... View More

Raymond Chow
Raymond Chow
answered on Mar 7, 2025

Please consult your attorney since you already have legal counsel.

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1 Answer | Asked in Car Accidents and Consumer Law for Texas on
Q: Can name spelling error impact liability in uninsured accident?

I was involved in a car accident in an uninsured vehicle that wasn't mine. The other party has filed a claim against me, but my name is spelled incorrectly as "Avery Gbagley" in all communications. I have contacted the insurance company to understand the claim against me but have not... View More

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2025

A Texas attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney who could review your paperwork, the short answer in most places nationwide is that minor misspellings won't serve to get someone out of liability. Court clerks or... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Who's at fault in a lane change collision at a green light with no police involved?

I was at a red light in the middle lane and when it turned green, I proceeded to drive. The driver to my right attempted to change into my lane and cut in front, resulting in a collision where I clipped their left side rear with my front passenger headlight. No traffic signs restricted lane... View More

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2025

A Texas attorney could advise best, but your question remains open for a week. Until you can consult with a Texas attorney about state-specific vehicle & traffic law, what you describe appears to be predominantly the fault of the other driver who cut you off. Good luck

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Texas on
Q: Can I be liable for accidental parking spot issue?

I recently had an incident where my car was keyed due to a miscommunication in a parking lot. I accidentally took a parking spot that someone was trying to save, and I did not see a stop sign. I have dash cam footage that shows the potential suspect but not me yielding to their car. I have not had... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2025

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Texas attorney on applicable local laws, many jurisdictions do not recognize a pedestrian's right to reserve parking spots. However, things in these settings can be fact... View More

2 Answers | Asked in Car Accidents for Texas on
Q: Can I get compensation for damages and medical expenses?

was at stop light at A Intersection waiting for the green light and as I am waiting my car gets hit on from behind and caused damage as well to other person car endured damage too.  I am not on the insurance company car policy Of the owners vehicle I do have permissive use of the vehicle I am... View More

Raymond Chow
Raymond Chow
answered on Jan 27, 2025

It's a possibility that you're covered as long as you don't meet an exclusion on the actual policy from the person's policy of whomever gave you permission. I wouldn't worry about exclusions from your "own" policy unless the at fault party doesn't have valid insurance.

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1 Answer | Asked in Contracts, Personal Injury and Car Accidents for Texas on
Q: Can I challenge an insurance company’s decision to use second-hand parts for engine replacement in my Volvo

After an oil change at Take 5, my 2019 Volvo S60 R-Design suffered engine failure due to overfilled oil, confirmed by my mechanic. Take 5’s insurance, Fleet Response, accepted fault but insists on using second-hand “Like Kind Quality” (LKQ) parts for the repair. Given the unique configuration... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

YES, YOU CAN.

BY LAW, YOU HAVE THE RIGHT TO SELECT WHERE YOUR MOTOR VEHICLE IS REPAIRED AND THE PARTS USED FOR REPAIRS. HOWEVER, AN INSURANCE COMPANY IS NOT REQUIRED TO PAY MORE THAN A REASONABLE AMOUNT FOR SUCH REPAIRS AND PARTS. YOUR STATUTORY RIGHTS REGARDING MOTOR VEHICLE REPAIRS ARE...
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1 Answer | Asked in Car Accidents for Texas on
Q: Hwy 55 was a closed range hwy now it changed to a open? when Uvalde County
John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Uvalde County never adopted a stock law so it has always been open range.

1 Answer | Asked in Car Accidents for Texas on
Q: The state took away my license due to accident 2 yrs ago how do I know if there was a judgement against me

They have not taken me to court

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

They can't have a judgment against you if they did not take you to court.

2 Answers | Asked in Car Accidents for Texas on
Q: An insurance who there policy holder was at fault in an automobile accident are offering me a payout that’s less

The payout won’t be able to get me the call they total. Am an international student seeking for legal advise on the next step to take

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

The next step is to sue the at-fault driver.

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1 Answer | Asked in Car Accidents, Civil Rights and Personal Injury for Texas on
Q: I was parked and hit by a car in a police chase. Can I sue the police department?

Police were chasing a stolen truck. Parked on the side of the road with my hazards on, typing in an order for work. The road was very wide for a two lane road. Hear a screeching, look in my rear view mirror and quickly brace for impact. Cut the story short, guy stole a truck out of parking lot near... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

In situations like yours, it's understandable to feel frustrated and overwhelmed. When police are involved in a chase that results in damage to your vehicle, determining liability can be complicated. Generally, police departments have some level of immunity from lawsuits related to their... View More

2 Answers | Asked in Car Accidents for Texas on
Q: I was hit head on by a drunk driver,my car is a total loss..can I was something besides the title to prove ownership?

I have it registered,insured,and personal property tax documents all in my name..doni still need the title?

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Theoretically, if not challenged. But the title is dispositive and easily obtainable.

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