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Texas Insurance Bad Faith Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: What will happen to my claim if the excluded driver on my policy was driving. Other car was at fault.

None of my drivers information was taken. He shouldnt even be excluded, he was only listed because he owned the second vehicle on policy. I removed vehicle back in November 2017 and he should have been taken off with that. How would I file this claim?

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2018

you file a claim for the damage to your car with the at fault driver's policy. Don't get into all the back and forth about who was and wasn't driving.

The driver has a claim for their injuries which they need to see a member of the Texas Trial Lawyers Assn for--they give free consults.

1 Answer | Asked in Traffic Tickets and Insurance Bad Faith for Texas on
Q: What are the statue of limitations in Texas for no insurance on a vehicle

A warrant was issued in 2002 for no insurance on my vehicle and they are telling me there is still a warrant out for me.

Grant St Julian III
Grant St Julian III answered on Feb 6, 2018

The statute of limitations is tolled once the charging instrument is filed with the court. The statute is 2 years for misdemeanor cases in Texas, but once the case is filed with the Court, the statute of limitations no longer is an issue. For a 2002 case, however, they may be other issues you can... 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
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... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: How do you deal with an insurance adjuster who is low-balling his estimate of the value of your car?

My son was just involved in a collision that totaled his car. The other driver had insurance and his company acknowledges that he was to blame and are offering to cover damages, but they are low-balling the estimate of the car's value, trying to pay one half its Kelly Blue Book. The car is 9... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2017

Understand the playing field. It's not the Kelly blue book but the NADA blue book that matters (or the McClean Hunter Market report called the red book). Value is what sons car would be worth the minute before the crash. Look on and you'll get a better idea--use a 450 mile radius... Read more »

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Does insurance cover storage fees when car accident is not my fault ?
Matthew Zarghouni
Matthew Zarghouni answered on Mar 9, 2017

When you say storage fees are you referring to a storage lot? The simple answer is yes, the insurance company for the person at fault should pay for storage fees. It is best to contact them quickly to seek proper course of action because storage fees add up very fast. You will likely have to pay... Read more »

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Can I get insurance to pay me for their customer fault on a accident after a judgement?

I had a accident with someone, did the usually exchanged insurance information other person took fault but changed his story once he spoke to his insurance, his insurance denied my claim after having a police report stating it wasn't my fault, so I took that person to small claims court (he... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 13, 2016

Congratulations on your award. You can do that. However if you were hurt you may want to talk to an injury attorney first as there may be issues created by a property only judgment. Call the attorney now before the time to appeal the judgment to the court of general jurisdiction is passed;... Read more »

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Products Liability and Energy, Oil and Gas for Texas on
Q: Not sure if I can sue or if it worth it. Got bad diesel from a station. Cost $8700 to fix. documented it was bad fuel.

We purchased diesel from station in Bay City, Tx. Killed our truck 45mins after driving it. Had to have it towed to repair shop. Found out it was water in tank and cost us $8700 to repair. Repair Shop analyzed the diesel in our tank and verified it was bad diesel. Too much water. They have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 30, 2016

Send the claim to the station with a copy, and ask them to forward the copy to their carrier. If they are a franchise (shell, Exxon, BP etc) send a claim to corporate. That doesn't get a response file a small claims case. Most attorneys would say this is the one time we say may as well do it... Read more »

1 Answer | Asked in Personal Injury, Insurance Bad Faith, Social Security and Workers' Compensation for Texas on
Q: I was injured in 2014, qualified for SSDI and my LTD insurance cut me off in April 2016. What recourse do I have?

My injury is a fractured foot with torn ligaments/tendons and 5 herniated cervical discs. When Medicare started in July 2016, I scheduled the corrective surgery on my foot and am still recovering. I will have to go through physical therapy and rehab for strengthening and weight bearing. I still... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 23, 2016

You have to appeal the Long term Disabiltiy cut off. Not sure why medicare isn't covering you--a good Medicare B would mean no deductibles. As to your auto, check and make sure that when you bought it you didn't purchase disability coverage. Even if you are sure you didn't, it... Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: My car got hit in the back got her insurance no police report insurance denied the payment I call her she don't answer

On accident no police report it was her fault she hit my car in the back estimate cost 2000$ to fix it I got insurance called them they give me estimate but insurance denied payment she didn't pay insurance afterwards I call her she doesn't respond what should I

Peter N. Munsing
Peter N. Munsing answered on Aug 19, 2016

If you have collision let them deal with it; if not, send her the estimate with a letter stating that her insurance says she didn't pay and it cancelled, that if she doesn't pay or respond you will ask the DMV to suspend her license and report her as not having insurance to the police.If... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: We sell a pc land in refugio county, tx, are unable to get a title policy due to missing chain of title. what can I do ?

We are selling a piece if land in regugio county, texas. we went thru title company for 3 month since Oct-2013. This week, they send us an e-mail. "Unfortunately, we are unable to issue a title policy for the subject

property because of an insufficient chain of title. "

we... Read more »

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

It may also be possible to establish ownership by adverse possession or file a lawsuit to clear up title. It really depends how large or valuable the land is? I'd like to look into it for you with a no obligation free evaluation. Maybe we could work something out. Please send me specifics... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: My health insurance was canceled because bank didnt make the payment.
Mark Steven Humphreys
Mark Steven Humphreys answered on Sep 30, 2011

This does not appear to be insurance bad faith law. You may have a claim against your bank depending on exactly what happened. Many more details are needed.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: My daughter and young son were rear-ended last November. The other driver's insur. co.Allstate, still has not paid claim
Mark Steven Humphreys
Mark Steven Humphreys answered on Sep 30, 2011

If you submitted a request to them to pay and they have not, then you will need an attorney to get involved. It may be necessary to file a lawsuit. Allstate is one of the more difficult companies to deal with when making a personal injury claim.

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