Legal Question in Personal Injury in Texas

My daughter was rear ended last month with several thousands of dollars damage done to the car. The estimates are complete, the body shop is ready and the insurance company has settled by sending me a check. The problem is the lien holder refuses to endorse the check insisting that I pay out of pocket for the repairs before they will sign. Does the lien holder have a responsibility to endorse the check or make arrangements to with the body shop to pay them? Do they become liable for any problems that result in the delay of repairs to the car?


Asked on 10/03/11, 8:35 am

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

Unfortunately this is all too common a practice. The insurance company owes NO duty to the lien hold, but just to make things difficult they put unrelated third party lien holders on the check.

I am a North Austin personal injury lawyer (I see you have a Cedar Park zip code) .

I am happy to talk to you about this matter, call me for a free consultation: 512-827-7548.

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Answered on 10/03/11, 10:02 am


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