Rahlita D. Thornton's answer 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 their insured's interest first. Even if you do not hire an attorney ask the insurance company to keep you updated with any settlement negotiations with the other individual whom you may have a duty...
Reid Adam Winthrop's answer 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.
Anwar Sadat Montgomery's answer 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 a free consultation.
Kim Jones Penepacker's answer 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 personal injury defense attorney can help you with the contents of your Answer and explain the consequences for failing to respond in greater detail.
Steven Pate Harrelson's answer 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. Secondly, you should be concerned about a potential lawsuit against you for negligent entrustment, which is a cause of action in Texas. You should contact your insurer ASAP to notify them of this claim...
David Scott Snellings' answer 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 for this type of situation. I would also avoid providing any recorded statements to either insurance company and allow your attorney to work on establishing liability.
Peter N. Munsing's answer 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.
Peter N. Munsing's answer 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 book, then even if it's totally driveable, it's their option--not yours.
If you were hurt, contact a member of the Texas Trial Lawyers Assn--they give free consults.
Peter N. Munsing's answer 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 paid as of date of crash; that it is a coverable event; that they are chosing not to cover it. Then send them a confirming letter. Then go to the office of consumer affairs of the insurance...
Nancy Hui's answer 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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