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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 05-21-2014, 07:55 PM   #1
Barbie Doll
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Default civil law suit needs guidance dallas tx

hi i have a claim thats been on going since 1/24 gave someone a ride in took off with my truck when i was in the gas station 2008 escalade gone for three days was found wrecked and took apart for the most part me had full coverage and 5,000 extras added to the policy in now insurance not wanting to pay i do have police reports and all that one would need too sue them I'm the owner of the truck paid for and tired of messing with it at the point truck still broken in tore up will never be the same i doubt in think insurance should pay not only for the damages but for the trouble they put me through in the past few months please someone direct me where to go or who
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Old 05-22-2014, 05:52 AM   #2
jframe2
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If the thief does not have assets to cover your damages and recovery $ there is no use in going the civil route.

You might think about going after the Insurance company for not paying on the policy.

Get the phone book and start calling the civil attorney's and explain the case.
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Old 05-22-2014, 07:58 PM   #3
oldbutstillgoing
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Did you have comprehensive insurance? Uninsured motorist? Or just liability? Start by checking your policy for the type of coverage you have.
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Old 05-23-2014, 11:36 AM   #4
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If insco suspects fraud, they will disclaim. Much will depend on when you made a report (to LE) and what was included in that report. If one lends a registered/insured vehicle to another that person is a "permissive user" and insco must pay. If the person was NOT a permissive user, the taking can be either 'unauthorized use' or 'theft' ... two different crimes, which one depends on when/where and other facts.

If you left keys in the ignition and it was taken and you did not immediately report to LE/insco, likely that person will be treated as permissive user even if you did not give explicit permission (act of leaving keys tantamount to giving permission).

If one can imagine the various ways insco may be defrauded, betting that half or more of them are inside-jobs and 'takings' by 'permissive users'. Its no wonder they crack down and refuse to pay for your 'loss' ... Their argument: you caused or contributed to the loss and therefore they should not pay?

http://www.auto-insurance-claim-advi...ermission.html

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Old 05-23-2014, 06:03 PM   #5
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I can't imagine carrying comp on a 7-year-old car, but some people disagree.

The OP could file a complaint against the car insurance company with the Texas Department of Insurance. That might motivate the company to settle her claim.

http://www.tdi.texas.gov/consumer/complfrm.html
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Old 06-14-2014, 01:02 AM   #6
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What type of coverage did you carry? Did your claim get sent to SIU?
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Old 06-15-2014, 05:44 PM   #7
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Quote:
Originally Posted by Barbie Doll View Post
hi i have a claim thats been on going since 1/24 gave someone a ride in took off with my truck when i was in the gas station 2008 escalade gone for three days was found wrecked and took apart for the most part me had full coverage and 5,000 extras added to the policy in now insurance not wanting to pay i do have police reports and all that one would need too sue them I'm the owner of the truck paid for and tired of messing with it at the point truck still broken in tore up will never be the same i doubt in think insurance should pay not only for the damages but for the trouble they put me through in the past few months please someone direct me where to go or who
What legal basis did they give you for not paying? You are entitled to that.
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Old 06-16-2014, 09:39 AM   #8
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Exclamation Attorney

Sorry to hear about the headaches caused by this injustice, Barbie.

. . . Insurance companies are generally huge and heartless entities and you can't fight them on your own. I would look for an attorney who specializes in dealing with insurance companies. Good luck and let us know how things turn out.


http://insurance.lawyers.com/dealing...companies.html
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Old 06-17-2014, 02:39 AM   #9
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I have full coverage and am the owner on my truck as well that is paid off .the insurance company did as well put siu on the case and yet he couldn't understand why he was put on the case himself he told the insurance he found no foul play .in just but a week ago insurance sent 1,000 dollar check with means they pretty much just screwd me but also themselves at the same time I have been told .witch I hope so this whole tragic event has definitely been very effective in every aspect of my life I worked hard for everything I had too be taken in not too even come close to my personal things in the insides that it's enough to make someone I did have a big truck in also in the providing in dancing you rend too carry a lot of things already it's just been so hard to get too this point of it in it seems to be very much harder to get a lawyer I paid very high rates of 688.00 a month for over 5 months when I was first with this company more then some pay for a car payment to be degraded in talked down on in treated like I was the criminal in this all.. I Thank you all for the guidance and input really means a lot when I haven't has any direction or guidance through this whole thing ...
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Old 06-17-2014, 01:11 PM   #10
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"Full coverage" is not an insurance term. I can't tell you how many people come to my office and tell me that they have "full coverage," and it ends up that they don't have one or more of the various coverages that are written under Texas Auto Policies. You need to go to a civil attorney who specializes in personal injury work. They often do first party insurance work (suing an insurance company directly), too.

Unfortunately, the size of your claim isn't very large. You're going to have trouble finding someone who is willing to do it. I'd look for a younger lawyer who is good and contentious. But start out with a Board Certified Personal Injury Attorney. Call them up and explain that it's a relatively small (and give them a dollar value) first party insurance case. If they say that they can't help you, politely tell them you understand that it's a claim of modest value, but that your auto is one of the most significant assets you own and it's very important to you to get what you paid for from the insurance company and ask if they can direct you to a good young lawyer who might need the business and would do a good job. Some will not recommend someone, but someone will. Then go that that guy or gal.
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Old 06-18-2014, 11:51 AM   #11
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Is that what they said it would cost to repair it?

Did you get an estimate of the repair costs?

Do you want them to total it out and they won't?

Sounds to me like they settled with you for 1000.00 to have repairs done and you want full replacement or something.

What on earth did you have that is $5000.00 more done to that truck? Have a pool installed in it?
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