Legal Question in Insurance Law in Texas

I was rear ended. Other party at fault, I'm getting the repairs covered through their insurance. I missed 2 days of work because of no transportation, however, the insurance said they can't cover my lost wages claim because it's considered "property damage" Is this true?


Asked on 7/14/14, 10:21 am

1 Answer from Attorneys

Robert Stephens Stephens & Stephens

If you have told them you are only making a property damage claim then you cannot appropriately recover for your lost wages nor your medical expenses, If you secured injuries and you did not secure medical care, your lost time from work was not because of medical necessity since no doctor can so testify and you are not competent since you are not a doctor . It is always appropriate to get medical care immediately after a wreck to check for injuries that do not show up for a couple of days. If you did not, then you may not be successful in getting getting them to pay for 2 days loss.

You also have a diminished value claim measured by the value of your vehicle immediately before the wreck and your value after the repairs have been performed. You a car dealer to look at your car and write a statement about that diminished value.

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Answered on 10/13/14, 2:13 pm


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