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Originally posted by aephi alum
SAEalumnus is right on, with one minor exception: Some states do not require that you have the repairs actually done to your vehicle in order to collect your insurance payout.
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The above is true in California as well. If I issue a cashout payment to one of my insureds, I can then pursue subrogation against whoever the other party (or their insurance carrier) is, and my insured can generally do what he or she pleases with the check. What I was saying earlier is that if I don't issue any checks in the first place, then I have no right to subrogate.
Quote:
Originally posted by Rudey
Your job sounds like the most fun job ever.
-Rudey
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Most of the phone calls I deal with day in and day out remind me of exactly that, actually. It has its moments and it pays the bills, but it's otherwise a general pain.
lifesaver -
I would recommend you do the following as soon as possible:
1) Call the adjuster at your insurance company and verify whether or not you have either Collision or UMPD coverage. Also ask your adjuster what the statute of limitations is for Property Damage actions in Texas (assuming you're not injured... otherwise ask about the statute for Bodily Injury actions).
2) If you have either Collision or UMPD, it will cost you far less time and energy to simply pay any applicable deductible and have your insurance company deal with the other party for you than for you to have to go to court. This is, after all, one of the reasons why you pay for insurance in the first place.
3) If you have neither Collision or UMPD, then be aware of some points:[list=1][*]When a body shop or an adjuster writes an estimate for the damages to your vehicle, they typically will not disassemble your vehicle on the spot. They will simply evaluate what they can see. It is possible that over the course of repairs, the shop performing the work may discover additional damage caused in the accident that was missed for whatever reason on the original estimate, but which nevertheless needs to be repaired. These additional repairs are referred to as a 'supplement' and occur with some frequency. If you sue, you will want to be sure to get compensation for any supplemental repairs also.[*]The other party, whether or not they like the idea, will also owe you for reasonable rental expenses (assuming Texas law is anything similar to California law on this matter).[*]If you have any intention whatsoever of filing suit in small claims or any other court, you absolutely MUST file BEFORE the statute of limitations expires. If you do not file suit before the statute expires, you will permanently give up your right to recover your damages from this accident. When filing suit to protect the statute, it is generally better to file sooner rather than later.[*]It would not necessarily be a bad idea to get some advice from someone knowledgable about Texas law prior to filing suit - this way you can make sure you have all of your bases covered.[/list=1]
If you wouldn't mind posting or PM'ing me with the details, I'd be interested in knowing how exactly the accident occurred. I may be able to give you a good idea of what you can reasonably expect to be able to argue for where liability is concerned.
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