Legal Question in Personal Injury in Texas
I was involved in an auto accident -at fault driver has insurance. I received a check with no notice email or phone call-After pulling teeth so to speak I was told that I would have to sign over this check to the auto collision center -handling my vehicle repairs. One of the appraisers stated that they -the insurance co -will be taking care of the loss damages to the car and that two payments have already been made. My question is am I entitled to a property damage settlement as well as a medical loss settlement? I'm trying to make sure they are not trying to trick me into submitting my property damage settlement so that there is less money they have to pay-As if to say oh you chose to use your property damage settlement to pay the cost of repairs-Again just need to know if I am entitled to a property damage Settlement even with them paying the property damage amount due to the collision center
1 Answer from Attorneys
They owe the cost of the repairs, including your deductible, if your insurance company pays. If they pay you for the repairs, or on your behalf to the repairing facility they owe the whole cost of the repairs with new parts,not used or aftermarket parts out of Thailand. If they use, used parts or non-OEM parts, your warranty may be voided in part. The problem frequently is that you discover repairs after you get the car back but have not everything has been repaired and you then may have difficulty with the insurance company. A problem frequently arises with broken transmission seals, motor mounts and other hidden damage. They also owe you diminished value of your vehicle which may be $3-$5000. In addition, they owe your lost wages, medical, physical impairment, and pain, suffering and mental anguish in the past and in the future. Good luck Gary Stephens, 713-629-1111
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