QuestionQUESTION: My dad was involved with car accident on Sunday 3 oct 2010 in Dallas. He was going straight on green light and a lady hit him while turning right. My dad's car is totaled now. Police report has come and says 100% lady's fault. So I would like to know
1) Can we rent a car for my dad and claim? My insurance company says we don't have rental car tab provision in policy so we cant claim from ours or lady's insurance company. Is it true?
2) He is suffering from back pain and constant fear. It has affected his job. He has to travel through bus without any fault. So how do we claim this? should we write letter to my insurance company or lady's insurance company?
3) Can we file complain to TDI if we dont get good market price of our car?
Thank you in advance
ANSWER: 1. You can rent a car, but you will have to pay for it up front and save the receipts. You should also make sure the cost for the rental is a reasonable cost, and don't just rent a fancy car or something thinking the insurance will pay for it. In my opinion, you should be handling this claim entirely with the other person's insurance. It may take a little longer, but in Texas, tort law likely governs an auto accident, therefore the party who was most negligent is liable, thus if they have insurance (and they cooperate with the claim investigation), then any reasonable damages you incur due to their negligence can be claimed.
2. If he is in pain, he should see a doctor and get a diagnosis and prognosis along with any medical direction the doctor can provide in writing. Pain and suffering can be claimed if there is an injury documented that would warrant any duress. Documenting increased costs solely due to the negligence of the other party is how you prove damages.
3. You can always lodge a complaint with the Texas Department of Insurance, and they will send an inquiry to the insurance company. The insurance company will respond to TDI, and that will be the end of it unless something illegal is going on.
4. If your vehicle is really totaled, then it may be smart to get both your insurance company's opinion of the vehicle value and the other insurance company's opinion of the value. Get both offers before you decide what to do. Remember you normally pay a deductible if you file through your own insurance for vehicle loss.
5. If neither insurance company offers what you would consider a fair price for the vehicle, you can always hire a third party appraiser to determine the value independently and then use that information to negotiate a better price (if the third party appraisal comes out in your favor).
I hope this helps! Information is always free at Petty Details, LLC!
JP
---------- FOLLOW-UP ----------
QUESTION: Hi,
Thank you very much for prompt answers. Its indeed helpful. Now further to my previous questions, I would like to ask following.
1) My insurance company has offered a very good price for my car but they have deduct deductible. So If I agree to my insurance company's offer, Can I claim those deductible amount under liability to other insurance company?
2) My dad just renewed the registration of car a day before accident and paid 58$ for it. Can we claim that money under liability to other insurance company?
3) For all liability claim what is best way to contact other insurance company? Directly or through my insurance company?
Thanks in advance, really appreciate your previous answers.
Answer1. Yes, you can claim your deductible against the other carrier.
2. Yes, you can claim the registration either against your own carrier or the other carrier. The cost of lost registration fees is part of the value of the vehicle.
3. You must be careful when making a claim with two carriers. Make sure you get the okay from your carrier to go after the other party as in many States your insurance company is obligated to go after your deductible on your behalf. I would suggest sending a demand letter to the other carrier after you have made it clear to your carrier you are pursuing them for your out of pocket expenses that aren't covered on your policy. Does that make sense? Your carrier has subrogation rights and you do not want to infringe upon them.
I hope this helps.
