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Texas Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Can insurance retaliation

I car was hit by a car (not my fault. I have video evidence). The other party's insurance paid for the repairs. It was a minor scrape on the bumper. The insurance wanted to put aftermarket bumper but I refused and argued with them and they finally agreed to put OEM bumper on the car. But they... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2024

A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could try to arrange a consult with a local attorney - there's the possibility that what you assert to be a deliberate act could be argued by the carrier as oversight, or other unintentional... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Good morning, I am trying to find a pro bono lawyer that can help me with an insurance case.

My son is 5 and he was diagnosed with Autism around 2 yrs old. We have had him enrolled in an ABA facility for therapy in which he was going 40 hrs a week, as directed by his physician . Recently my insurance company cut his hours in half. We appealed this and had a new assessment done and sent it... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2024

A Texas attorney could advise best, but your question remains open for a week. If you're seeking a pro bono attorney, one option would be to start with legal aid organizations about information and resources they might have. State and local bar associations might be another source of guidance.... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... 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 Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Insurance will lapse because car company lied about when I could Pay. Change of story what to do next?

I was told I had until the end of the December to pay off balance to get back on track for January. They did not hold up to that. They billed me for $992. They then told me that they had no jurisdiction over what billing did and I needed To pay or my policy would be closed. Is there something to do... View More

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to speak with a local attorney, you could contract your state's Department of Insurance. Nationwide, these entities deal with consumer-related insurance matters. Good luck

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: If you get into an accident and one person is at fault, is it necessary for both people to exchange insurance?

If you have a link to a source that answers this question or supports the answer, it would be super helpful.

Joel Gary Selik
Joel Gary Selik
answered on Jan 19, 2024

Yes both must exchange information. For example consider Texas Transportation Code Chapter 550

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Hi..you guys have subrogation claims attorneys?..in this case is against me.

Can I receive a subrogation claim from an insurance company regarding a car accident with no any police report.? I think in this case both drivers had fault

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

A Texas attorney could advise best, but your question remains open for a week, and it suggests you might be under the impression this is a law firm or attorney referral service. This site doesn't provide attorneys. It's only a Q & A forum.

If you need an attorney, you're...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: All state insurance reported 16 claim on me which i find out when.run background via lexis Nexis for 1

Upon asking about the claim from all state all they saying you call when i ask for documentation invoice for me to beleive also valid non valid as per texas laws adjuster need to inform his clients 15 to 35 days fail to do fail to give me give me any information so i say refuse and if their so no... View More

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

A Texas attorney could advise best, but your question remains open for a week. From the limited facts of the post, it's a little difficult to figure out exactly what took place here. If you have pending claims against you, Allstate as your carrier should be assigning a claim representative or... View More

1 Answer | Asked in Employment Law and Insurance Bad Faith for Texas on
Q: My job told me to go home 2 days ago due to problems with some of the insurance policies I’ve sold.

They have yet to speak to me in the past 2 days or follow up with any of my phone calls. I have a commission check of 21k waiting that hasn’t been paid out to me.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2023

A Texas attorney could advise best, but your question remains open for a week. Until you're able to consult with a Texas attorney, you could ask your company what the problem is. If you do consult with an attorney here, they're going to want to know that. Good luck

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I was wondering what happens when an at fault insurer cancels their policy in the middle of a claim.

I called the at fault insurer and they said they can’t proceed my claim because they’re investigating the insurer’s coverage issue. What does this mean? Are there any next steps?

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

Insurance cancelling after the incident occurs generally does not cancel the coverage for the incident.

What the insurer means is that the insured might not have had coverage at the time of the incident. This could be sue to failure to pay premiums or other violations of the insurance policy.

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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Texas on
Q: How do you obtain salvage value in Texas?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Total loss value in Texas is calculated using the National Automobile Dealers Association (NADA) guide to determine the listed retail value of the accident vehicle as of the date of loss.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Intellectual Property for Texas on
Q: What can be done about an insurance company not complying to pay for property damage in a no fault auto accident

My husband was in an auto accident driving his brothers truck. the insurance company ruled he was at no fault but, they are not wanting to pay the property damage. No lawyer wants the case because there was no injury. Neither insurance company's belong to my husband so we don't know how... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A Texas attorney could advise best, but your question remains open for a week. One option is to continue trying to find an attorney to handle the matter. If still no luck, another is to handle the case on your own. The problem you describe is not uncommon with property-damage-only claims, where it... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: I have health insurance claims that have been paid at different rates for the same services.

Insurance with a previous employers self insured plan.

Tim Akpinar
Tim Akpinar
answered on May 15, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It's not necessarily a matter of insurance bad faith. It's more likely to be inconsistencies in the billing department. If the claims were processed by different people, they may have applied different... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: What do I do to ask for more for a total loss vehicle?

I file a claim due to a vehicle accident that was cause my a Fred loya policy holder, the person was at fault. The vehicle that I was driving belong to my mother. Since she doesn't have another vehicle I been taking some time of work to take her do her errands. I did ask them to prove rental... View More

John Michael Frick
John Michael Frick
answered on May 11, 2023

You are under no legal obligation to accept a settlement offer. Your mother can sue the person who caused the accident for the damage to her vehicle and for loss of use.

1 Answer | Asked in Family Law, Banking, Insurance Bad Faith and Small Claims for Texas on
Q: What to do if ex won’t endorse a two person signature check for an insurance claim where they were the co-signer on car

Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.

You may be able to secure an order from your divorce court compelling your ex to endorse the check.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Driver that hit us insurance company is paying all but $500 of a $35000 claim and want us-not atfault to pay diff-Legal?

We have a range rover and only 2 places are certified to fix it which means only Land Rover will sell parts to them- we went where the other guys insurance told us to go and after 8 weeks of trying to get an authorization they are refusing to pay the entire thing. Leaving our car hostage over... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

You can recover loss of use, which is how much it would take to rent a similar Land Rover from the date of the accident to the date repairs are complete

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How do i sue an auto insurance company that is denying rightful claim?

My claim for auto insurance was denied by the perpetrator's insurance because their client "won't cooperate with the investigation. My car is still damaged. Do i have a claim?

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

In Texas, you cannot sue another person’s insurance company directly.

Instead, you should contact a personal injury attorney to file suit against the other driver.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: A vehicle hit my car and 2 others in the garage where I live. The apartment complex had my vehicle towed to a storage lo

The person who hit my car is underinsured and my insurance company is considering this a total loss. I can't replace the vehicle with one that has the same mileage and condition as mine. How can I recover enough to get a decent vehicle?

John Michael Frick
John Michael Frick
answered on Feb 9, 2023

You should make a claim on your uninsured/underinsured insurance coverage.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Do I have to answer Discovery for past criminal offenses in small claims court. I’m plaintiff suing for diminished value

Her insurance has already admitted she’s at fault and repaired my car. Lawyer is claiming she is not liable. Does this apply? Rule 404. Character Evidence; Crimes or Other Acts

(a) Character Evidence.

(1) Prohibited Uses. Evidence of a person’s character or character trait is... View More

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Rule 404 is a rule of evidence, not an exemption from discovery.

1 Answer | Asked in Insurance Bad Faith, Estate Planning and Probate for Texas on
Q: My husband son passed away who named his insurance agent has beneficiary is that legal

My husband's son passed away at 50 years old after days ago and we found out that he had named his insurance agent his beneficiary is that legal

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

It’s legal but it sure looks suspicious.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: My insurance company has denied my claim for water damage from a broken sewer line under my house

They have denied the claim based on a line in the contract that says they will not cover water damage resulting from the release "from within any portion of a plumbing or automatic fire protective sprinkler system that is either: below the surface of the ground, or within or below the slab or... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

What is covered by your particular homeowners policy depends on the language of the policy. There are a few different forms of HO insurance available and approved for use in Texas.

The ISO HO 00 03 policy as amended by the Special Provisions-Texas endorsement does not include coverage for...
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