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Texas Insurance Bad Faith Questions & Answers
1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... View More

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Info sent to insurance 1 month before statute of limitations. Can they stall to avoid paying? Have open claim number.

Rear ended in auto collision. Took excessively long due to 3 surgeries and COVID protocol.

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

You need to actually file a lawsuit against the proper defendant (likely the other driver and his/her employer, if appropriate) BEFORE the statute of limitation (SOL) runs. Filing an insurance claim does nothing to stop the SOL. If the SOL passes and you did not file a lawsuit, the insurance... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Was in car accident not on insurance and seeking guidance

A couple of weeks ago I rolled into an intersection and got t boned. It was not my car and I'm not in the insurance. The insurance company contacted the provider and is threatening to sue for this. (This is what I gathered over the phone call I just had with them) this is the first car... View More

Doug Goyen
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Doug Goyen
answered on Jun 18, 2021

From the way you phrase the question, it sounds like you believe you caused the collision. You may want to go over the details with an attorney, just in case.

If you were driving someone else's vehicle:

Did you have permission to use the vehicle you were driving?

If...
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2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 5, 2021

They will probably verify it unless someone is being lazy.

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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... View More

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can a insurance claiming company claim more than a cars worth?

Can a insurance claiming company claim more than a cars worth?

Back in january of 2020 I got into a wreck with no insurance, the lady's insurance company came after me for a dent in her door and a dent in the door frame. Her car was a 1998 toyota. The insurance company is trying to... View More

Teri A. Walter
Teri A. Walter
answered on Jan 20, 2021

Her insurance company can't "charge" you at all, but they can sue you for the damages they had to pay, whatever that is. Typically, if the cost to repair the damages are more than the car is worth, they pay the value of the car. I suggest you get a release in exchange for your... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Rear end accident hos. Has a lean on claim, I have medicare

Hospital said that they didn't have that information

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2020

A Texas attorney could answer best, but you await a response for two weeks. Hospitals might not have up-to-date lien information. If an attorney is representing you in this accident, it's possible they could have been placed on notice by the agency(s) asserting rights from the proceeds of your... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Estate Planning for Texas on
Q: My mother had no beneficiary listed on her life insurance policy, what can I do to get the information I need?

Not only did she have no beneficiary but her ex employer whom she was long retired from seems to be holding up the process to pay out the funeral home. For privacy reasons they will not give out the policy number (the insurance company) and i have no copy of the policy itself. The funeral home... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Dec 1, 2020

Step one. Obtain the death certificate.

Step two. Hire a local probate attorney to help you file either a Small Estate Affidavit or an Application to Determine Heirship, opening the estate.

Step three. Send the court order to the life insurance company.

Please remember...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: Is my school liable to damage to my car due to negligence on their behalf?

I attend a small private school and they have the students park in a parking garage. However, whenever it rains they sometimes move the gym class and will have it take place in the garage. Normally there is not issues but today, they decided that it was going to be a good idea to play dodge ball... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for two weeks. It could depend on whether there are property damage disclaimers the school has in effect for staff cars parked on the premises. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: My wife was rear ended last week, the other driver did have insurance and they are saying our car is a total loss.

But they are not offering us what we feel is right. If we take their offer we will still have to come up with $200 to pay off our loan. We feel that they should at least pay off the old car and give us enough for a down payment on another car. Do we have any recourse here?

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2020

A Texas attorney could advise best, but your question remains open for three weeks. Unfortunately, this is a common situation in total loss declarations. A local attorney might be able to identify additional options under state law. But as a general premise applied in these settings nationwide,... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How long does an auto insurance company have to settle a claim?

Filed the claim in December 2019. Insurance company is demanding a 2nd recorded statement after 7 months. Looking for legal advice on how to handle this.

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2020

A Texas attorney could answer best, but your post remains open for two weeks. As a general matter, the insurance company can take reasonable measures to investigate and verify the facts of the claim. There is no inherent duty to settle - there are claims that don't get settled. It could be... View More

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Texas on
Q: What is the dealership’s extent of responsibility for a vehicle they wrecked on their property?

While completing recall work, the dealership wrecked my husband’s truck. The truck is 9 years old, in good shape and has never been wrecked or repaired until now. Due to the age, the paint was oxidized in some places on the truck other than where the damage occurred. While they have accepted... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2020

With all due respect, at nine years old chances are it's value is diminishing anyway, so a repaint won't matter. You can ask them to repaint the whole, but if the paint is going anyway, you may want to see if for a few dollars they will do the whole truck.

1 Answer | Asked in Criminal Law, Federal Crimes, Insurance Bad Faith and White Collar Crime for Texas on
Q: What kind of Attorney handles victim of Texas Work Comp Insurance Fraud?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2020

In terms of prosecution, Workers' Comp and other types of insurance fraud cases are generally handled by the County District Attorney's office or the U.S. Attorney's Office. In terms of defense, they are generally handled by criminal defense attorneys, usually with insight into white... View More

2 Answers | Asked in Contracts, Criminal Law and Insurance Bad Faith for Texas on
Q: Yes my question is about an Trucker's Group Insurance Policy on the job that fall under an Occupational Accident Policy

an o/o trucker who is leased to this trucking co. this policy is in the trucking co. name only , they is the owner of your policy. and they make up they own rules if they want to pay or not and it is most no to be. I have a stroke on the job back in July 28, 2009 why on the job at work and they... View More

Roy Lee Warren
Roy Lee Warren
answered on Jan 2, 2020

Thank you for your question. I am certain that you are aware you will need legal representation that is particularly skilled in WC law. However, I am sure that is not why you came to this site. I will attempt to assist you because I understand the dire predicament you are in.

SRS is not the...
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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How long do insurance companies have to settle PIP claims?
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Dec 23, 2019

Normally, they are supposed to pay within 30 days after all required information has been received by them. Sometimes they want extra information after receiving initial information.

4 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I’m a foreign national who got into a car crash. I’m at fault. I don’t have any property in United States.

What if I get sued? If I plan to return to my country can I use that in the settlement?

Peter N. Munsing
Peter N. Munsing
answered on Nov 26, 2019

If you have insurance the insurance will take care of it. If not, saying you'll return and trying to get out of it may generate a call from the person to the authorities which is no problem if your visa is valid but if you have overstayed........

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1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance... View More

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
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 Insurance Bad Faith and Car Accidents for Texas on
Q: Is it too late to sue for damage?

My vehicle was totaled last year while parked at a tire shop, the driver involved allegedly fell asleep while driving. He totaled my car and some other vehicles that was parked. The driver does not have an insurance and not listed in his parent's car. My car was in pristine condition &... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2019

I believe the statute of limitations for damage to property is two years. Contact your insurance because they may sue him in "subrogation,"

and would include an amount that covers your deductible.

But first I'd ask him to pay you and see if he agrees. If not you can...
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