Lawyers, Answer Questions  & Get Points Log In
Texas Insurance Defense Questions & Answers
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. 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...
Read more »

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... Read more »

Doug Goyen
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?

Read more »

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... Read more »

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

They will probably verify it unless someone is being lazy.

View More Answers

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... Read 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... Read 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... Read more »

Terry Lynn Garrett
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...
Read more »

1 Answer | Asked in Insurance Defense for Texas on
Q: Insurance claim for fender bender - can you tell insurance company you want to pay out of pocket?

My son was driving a car owned and insured by my wife. On a recent visit to his mother's house, he backed into his sister's car and made a small dent. My ex-wife has filed a claim on her insurance, even though my son told her he would pay for the repairs out of pocket, and now her... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

A Texas attorney could advise best, as insurance practices are governed by state law. But your question remains open for four weeks. As a GENERAL matter nationwide, without regard to state-specific practices, those types of small property damage claims are sometimes left to the discretion of the... Read more »

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,... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this... Read more »

1 Answer | Asked in Civil Litigation, Environmental and Insurance Defense for Texas on
Q: Does a Fire Department have the right to use or "seize" personal equipment or resources in a emergency?
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... Read 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 Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: friend got a citation for no license in my car. They used my insurance. Will my parents find out? Or will my rate go up?

Insurance under parents

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

Was there a crash? If not no problem. Even if there was, I don't see a problem under most scenarios. Rates only go up if the driver is at fault in causing the collision, if there was one. The question of fault has nothing to do with the license.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: An auto insurance company doesn't want to counteroffer until I come down more from my original counter. what should I do

Just received a letter from the insurance company saying:

""We have minimum limit policies 30/60 and unless the counters are more reasonable for me to extend another offer I could be bidding against myself. You can call me and we can discuss the claims and if a more reasonable... Read more »

Tim Akpinar
Tim Akpinar answered on May 19, 2019

Based on the facts at hand, it isn't mentioned what their offer is. If you consult with a Texas injury attorney for their opinion on the insurance company's offer, they are going to want to know more about the medicals. Based on the description here, the other vehicle ran a red light and... Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for Texas on
Q: Can I have an attorney write a letter to a judge for me to have a ticket from 2014 for no insurance and fta dismissed?

My license expired in February and upon trying to renew it this old ticket showed up from April 2014. I have no insurance now because I have no vehicle. I moved from San Marcos in 2015 to Spring Tx.

Gary D. Peak
Gary D. Peak answered on May 8, 2019

Yes you can, and what we usually do under facts like this is try to get the Judge to allow you to pay the Fail to Appear and dismiss the no insurance. The FTA is not a moving violation and it keeps you from getting a suspension for no insurance and surcharges.

3 Answers | Asked in Insurance Defense, Bankruptcy and Personal Injury for Texas on
Q: Will the insurance company rebuild my home or just use the money to payoff a claim?

An explosion caused me both to lose my house and to be liable to a person for her injuries on my property. I am insured for $100k for the house and another 100k for the liability, but the person I am liable to is suing me for well over $200k. Will my home be rebuilt, or will all the money just be... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 3, 2019

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... Read more »

View More Answers

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

My conviction was overturn after 7 years. Can i get the $500. Schedule injury back pay ? Arizona workman comp.+

S. Michael Graham
S. Michael Graham answered on Dec 10, 2018

When you start missing time from work, so it would normally be from the date of incarceration.

View More Answers

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable

I was driving my car when the drive shaft broke off,as a result I lost control of my car and had to break hard and suddenly to prevent an running into anything. My children and I both are experiencing whiplash..pain in neck/head,stiffness ect. I called my insurance because I wasn't sure what... Read more »

Reid Adam Winthrop
Reid Adam Winthrop answered on Jul 27, 2018

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.

View More Answers

1 Answer | Asked in Car Accidents and Insurance Defense for Texas on
Q: Had a car accident yesterday. There were no physical injury. I am looking to sue the person that hit me.

My car is less than a year old and due to the accident, the value of my car will decrease significantly. I do not need a personal injury lawyer since there is not physical injury. What of lawyer would I need for this process?

Anwar Sadat Montgomery
Anwar Sadat Montgomery answered on May 10, 2018

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... Read more »

1 Answer | Asked in Civil Rights, Car Accidents, Civil Litigation and Insurance Defense for Texas on
Q: I have been served papers for a civil lawsuit I gave copies to my past employer and insurance Co. What do I reply saying

I had gotten hit in my company van. my employer fired me shortly after the man hit my company vando to being a liability. I just got served papers. i know to give them a copy they signed for, and also my insurance company did also. the paperwork says to reply within 20 days. who and what am I... Read more »

Kim Jones Penepacker
Kim Jones Penepacker answered on Apr 5, 2018

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... 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 Defense for Texas on
Q: A lady hit my car from the right back side because she had failed to yield. She didn’t have insurance, what do I do now?

She made a claim in my insurance & they sent me a letter saying, “ it may be my fault” when the police told both of us that it she was at fault. What do I do??

David Scott Snellings
David Scott Snellings answered on Oct 5, 2017

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.