Legal Question in Insurance Law in Texas

Isurance laws about fast payment

I,m a owner operator truckdriver.My truck was in an accident.My insurance payed the repairs but took 26 days to do so.so I was without work for 26 days.They did not give a lender vehicle.I make like 1500 a week gross.So I filed the case for 4650.00 at small claims court.When I went to court the judge continued it and told me to get everything together that was owed and any case law to back it up.And come back but thier attornney is working hard to get it thrown out. Is there any case law that says they must pay quickly?Thank you--name removed---name removed-- .................................plus what is the laws and where can i look them up at? godbless


Asked on 8/02/05, 5:02 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: Isurance laws about fast payment

thank you for your question. as i understand it, you have made a claim with your own insurance company for the repairs to your truck and you have further sought reimbursemsnt for loss of use of the truck and for lost income.

in this situation the law will allow only that compensation allowed by the insurance policy. if your insurance policy has coverage for the cost of a replacement vehicle or for loss of use, then you have a valid claim. but, there must be coverage within the policy to allow you to make this claim.

as to lost income, the answer is the same. there must be coverage in your policy that allows you to recover lost income.

you should have an attorney or your insurance agent review your policy to determine what coverages you have.

you did not say, but if the damage to your vehicle was caused by the negligence of another person, you may have rights to pursue a claim against the other person or their insurance company for recovery of the loss income.

i hope this helps. bill featherston

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Answered on 8/02/05, 5:20 pm


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