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RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37047
Experience:  30 years as Texas lawyer representing consumers
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My vehicle was recently backed into and I have since filed a

Customer Question

My vehicle was recently backed into and I have since filed a claim against the opposite party's insurance. I turned in my car for repair on Monday, August 29th and on Wednesday, September 7th the rental car company called and informed me that the rental stopped being covered by he party's insurance on September 1st. This is the first time I was notified of this and when I called the insurance they said they attempted to leave a voicemail on September 6th, to notify me. Since then my body shop has filed a re-adjustment as the amount and time the insurance provided was insufficient and they are currently weighing wether they will cover or not. I have to turn in the car as I was notified that my vehicle was ready by the car shop on Saturday, September 10th. Unfortunately, the rental company was closed after the call and did not open until today, September 12th. I do not want to front the bill for the car insurance as I was not at fault for any of this. Do I have grounds for a law suit against the party's insurance if they refuse to pay?
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

Yes you can sue the driver here and their insurance if they refuse to pay.You legitimately needed the rent car since the body shop had not completed repairs and you were not able to turn it in.I suggest a demand letter/email to the insurance company setting out the facts and demand for payment of the remaining days here.

Expert:  RayAnswers replied 2 months ago.

I have had real good luck here using the state to file a complaint.I have found it gets you a new friendlier adjuster assigned to your case and they have to resolve the complaints quickly as it affects their rates in Texas.

File here

Filing a Complaint

Auto, Homeowners, Life, Health, or Title Insurance Complaints

There are two ways to file a complaint. You can use the Online Complaint Portal. You can also fill out a complaint form that is available on the portal page or by calling the Consumer Help Line. You may submit your form:

By mail:

MC 111-1A
Consumer Protection
Texas Department of Insurance
P.O. Box 149091
Austin, Texas###-##-####/p>

In person or by delivery service:

Texas Department of Insurance
Consumer Protection (111-1A)
*****
Austin, Texas 78701

By fax: ***-***-****

By email: *****@******.***

Note: We can only accept hard copies, CDs, USB flash drives, and email attachments with documents, photos, and videos in PDF or JPEG format. We can’t accept links to online documents and pictures.

The complaint here is that they are not adjusting the claim properly as regards ***** ***** here.

Expert:  RayAnswers replied 2 months ago.

Sample small claims forms, note you have to serve their registered agent ..

http://www.dallascounty.org/department/jpcourts/3-1/start.php

Expert:  RayAnswers replied 2 months ago.

Registered agent here through Secretary of State.

http://www.sos.state.tx.us/corp/contact.shtml

I appreciate the chance to help you today.Thanks again and the best here.

Customer: replied 2 months ago.
Thank you for your advice. In the meantime, I'm not sure if I should wait for the car insurance to get back or if I should go ahead and turn in the vehicle and most likely pay the difference. I suppose the out of pocket expenses would go on the suit, correct?
Expert:  RayAnswers replied 2 months ago.

Thats correct out of pocket would go to suit.Call the insurance adjuster here, ask them to extend time based on the situation.They can extend with car rental.If they give you the run around here file with state.I have had excellent luck with the state involved.They get way more responsive to you with complaint pending.They also have to report resolution to the state.I think this will resolve this without small claims hopefully.

You also have the right to go to doctor here if you have any pain that occurs post wreck.They cover medical, lost leave, etc.Thats always a good idea in general to do so.Any medical issues gets you pain and suffering later on and is charted by the doctor.Just a thought.

Thanks for the follow up.

Customer: replied 2 months ago.
It does help. Thank you!
Expert:  RayAnswers replied 2 months ago.

You are so welcome.If you can rate 5 stars it is much appreciated.Good luck here.