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Texas Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense for Texas on
Q: A hospital found a lien against me for $99,600 my insurance settlement is $100,000 how can I make them honor chapter 55
John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Provide the hospital with a copy of the settlement agreement. In most instances, they will honor the limitation imposed by Chapter 55 and accept $50,000 on their lien claim.

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

2 Answers | Asked in Insurance Defense for Texas on
Q: Someone working for my insurance company has used my identity for years. Who do I talked to?
John Michael Frick
John Michael Frick
answered on Mar 4, 2023

You should report it to law enforcement

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1 Answer | Asked in Insurance Defense and Personal Injury for Texas on
Q: The third party insurance, paid my medical bills without ever contacting me I never signed anythingIs that normal?
John Michael Frick
John Michael Frick
answered on Dec 30, 2022

In my professional experience it is not "normal." But it's very wise, and I have recommended it before.

In many instances, it is simple the "right" thing to do based on the facts and circumstances of the case. Paying an injured party's medical bills without...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?

If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision?

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver.

It is not typical in intercompany arbitration for the insured to be notified of the award

1 Answer | Asked in Insurance Defense, Car Accidents and Personal Injury for Texas on
Q: Should I accept the auto-insurance settlement or should I seek an insurance lawyer/attorney to try to gain more?

My boyfriend was driving my car and in order to avoid a car coming into our lane, my car's auto-lane assist pulled the car to the left; we then hit a stationary barrier that was protruding into the roadway (there was NO shoulder on this highway).

We are on the same auto-insurance... View More

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

Your question lacks important information like what is the cost to repair your car and how much, if any, has the damage to your car depreciated its value even after it is repaired.

There is no way to judge the settlement offer without knowing this information.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... View More

S. Michael Graham
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S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... View More

1 Answer | Asked in Insurance Defense for Texas on
Q: I live in Texas which is a Constitutional carry state. Should I get LTC insurance to protect myself
Arturo C. Aguilar
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Arturo C. Aguilar pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2022

If you have a large number of assets, yes. Because using your weapon can always implicate liability, say, were you to allegedly get sued for using lethal force when unnecessary, it can cover your attorney's costs.

The information contained in this website is provided for informational...
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1 Answer | Asked in Criminal Law, Car Accidents, Civil Litigation and Insurance Defense for Texas on
Q: can my Texas drivers license be suspended if I'm the owner of car but vehicle was wrecked by someone else driving

the car was bought for relative, still in my name and was supposed to have car insurance on the vehicle but found out there was none . The person driving did not have my permission to move that vehicle at all, I was not aware of any other person driving . The car had CPI insurance from the... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 12, 2022

You can loss your TDL if the other party get a judgment against you. You may need to retain a lawyer,

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: 9/17/21. Chevey silv Hit 3 of our parked vehicles totaled 1. They left the seen. In closed claim

Hello on Sept 17,2021. Two of my personal vehicles and my sons truck he was test drive for the week but was in were involved in a hit and run . The driver took off and they found the vehicle a couple of streets down and 2 houses from were they live. Police report was done. Sept 20 is when I spoke... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2022

A Texas attorney could advise best but your question remains open for three weeks. You could place the matter into suit, or contact an attorney to do so. You and the carrier would then proceed with the claim through the court system. If you have a denial from the carrier, that would be helpful.... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: We had a fire in our barn. I had emailed the insurance agent to insure but she did not. Do we have a case?

I have the email where I asked her to do other things, that she did, but did not insure the barn. We also have a clause that outer buildings are insured but they will not pay.

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry about your fire. It could be difficult to say whether or not you have a case based on the brief description here. What is your carrier's normal protocols for revising policies? Do they modify... View More

1 Answer | Asked in Insurance Defense for Texas on
Q: If I drive a vehicle that doesn't have insurance on it can I still be held financially responsible for the vehicle

Vehicle is not mine and not registered to me

Teri A. Walter
Teri A. Walter
answered on Jan 6, 2022

You're always responsible for accidents you cause, no matter whose vehicle it is. You need your own insurance.

1 Answer | Asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas on
Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?

I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still... View More

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against... View More

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Texas on
Q: I've Amica insurance for both home & auto & my son hit house. Amica says to cover home on home policy, not auto. Fair?
Leroy Scott
Leroy Scott
answered on Nov 12, 2021

That sounds about right. Your auto policy probably covers damage to the vehicle itself (collision or comprehensive coverage) and damage that you cause to other people’s property (liability/property damage coverage). While your home policy covers damage to the home itself and may cover injuries to... View More

1 Answer | Asked in Employment Law, Insurance Defense and Personal Injury for Texas on
Q: If I go back to work and get hurt again in my neck or back would I be able to sue for injury at the new job

I have had neck and back surgery and my attorney told me to go back to work in my field my field is construction

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Based on your description, it does not look like a personal injury matter involving suing, but more likely a workers' comp claim. If the attorney you mention is handling your workers' comp claim, they would... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can we claim damage on a property that was sold if the claim was made prior to sale?

Our home in Texas had suffered roof damage due to hail. We opened a claim with insurance company. They delayed sending the check for repairs. Meanwhile the home got sold at a much reduced price. Insurance company later sent the check, but it had both ours and the mortgage company's names.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2021

A Texas attorney could answer best, but your question remains open for three weeks. If you were represented by an attorney in the sale, they would be in the best position to advise. But as a general matter, you may have signed a release that reflects your acceptance of money damages for the... View More

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 Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: My husband was in a at fault car accident. Due to clerical error on the insurance side.

They where trying draft auto pay from a different form of method than I had set up. The insurance on my vehicle then lapsed 2 days before the accident. I received a letter from the adjusters stating they where covering the cost of damage and could take it to any mechanic to be fixed. A few days... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks and it sounds like time is of the essence in your response. I'm very sorry for your loss. A local attorney should advise on the specific operation of Texas law, but as a general rule in most jurisdictions,... 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.
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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