Legal Question in Insurance Law in Texas

Auto Insurance Formal Statement
I was in an auto accident and my insurance said, the other driver is totally at fault and they will not repair his vehicle. The other driver's insurance is avoiding me. I emailed them and they replied saying that they were waiting for a formal statement from me and the other driver, but I can never reach them to give my statement. I think that they are just stalling. Can I give a written statement, by certified mail?, so they can't use this excuse. They have sent letters stating the appraised value of my vehicle and that it is unrepairable, but that is it. Please, help!! I need another vehicle to get to work.

Asked on 7/04/04, 9:29 am

2 Answers from Attorneys

Dan Street Street Law Firm

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Re: Auto Insurance Formal Statement

Unfortunately, the situation you describe has become the norm. Because Texas is so pro-insurance and anti-consumer, there are no time limits placed upon insurance carriers to mandate that they take care of your car repairs within a reasonable time. Consequently, they resolve claims when THEY get ready to, and not when it is convenient for you. Your only real solution is to hire a personal injury lawyer (although very few lawyers will take your case unless there are bodily injuries involved). If you are not hurt, you may file a lawsuit yourself without a lawyer in Justice of the Peace court. (By the way: you should NEVER under ANY circumstances give a recorded statement--orally, in writing, or otherwise--to an insurance company without a lawyer present. The statement will only serve to hurt you and help the insurance company.)

Answered on 7/05/04, 4:02 pm

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