Legal Question in Insurance Law in Texas

Texas Auto Insurance Question - Claim Denied

Simple case - I was rear-ended while waiting at a stoplight, was not injured, some damage to my car. At fault's insurance co. inspected my car, then denied my claim due to the fact that the vehicle which hit me was being used as a commercial vehicle (electrical contractor), rather than a private vehicle, and insured didn't have the proper clauses etc, in his policy. Seems at the least unfair to me, perhaps illegal. Can anyone familiar with the law in this regard please advise me how I might proceed?

Many thanks.


Asked on 4/23/05, 3:40 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: Texas Auto Insurance Question - Claim Denied

it is very possible that the insurer for the at fault driver has a "policy defense" to this accident and would not have to pay. if the underwriting guidelines for the insurance contract restricted its use to private use and not for commercial then the insurer may have a valid defense.

the fact that the at fault driver does not have insurance coverage does not eliminate his responsibility for your property damage. therefore you can still pursue a claim against him/her.

also, if you have uninsured motorist coverage on your own auto policy you would have the right to submit the claim to your insurer and have them pay for you damage.

good luck with this. bill featherston

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Answered on 4/24/05, 7:54 pm


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