Legal Question in Insurance Law in Texas

Bad Faith/ Delays and unfounded claims by Adjuster

I was involved in an accident over 3 months ago. A FedEx courier turned left in front of me as i was driving 45mph. It was 4:45 and he was in such a hurry, he actually overshot the intersection and had to come to a complete stop blocking both northbound lanes less than 50ft directly in my path. Despite the police report and sworn witness accounts placing responsibility on the other driver, the adjuster claimed 30% contributory negligence on my part. The settlement offer was made 11/22 for 1800.00. This was the 2050.00 NADA value minus 20%,apparently he decided that i was not as negligent as he first thought. I have retained an attorney for the personal injury issue, and he is informing me that i cannot recover rental car costs. My car was not declared a total loss until early November and Iincurred 400.00 in rental fees 9/19-10/6. I am at a loss as to how to proceed since my attorney does not seem to be aggresive in pursuing a reasonable settlement and the adjuster will not speak with me because i am represented. What can i do ?


Asked on 12/15/03, 6:10 am

1 Answer from Attorneys

Re: Bad Faith/ Delays and unfounded claims by Adjuster

You may find that since you are represented by an attorney, other attorneys do not like to consult with you on various matters. There are some ethical rules that come into play as well as a level of professional courtesy.

Good communication is the keystone to great relationships. Having said that, it sounds like you need to have a heart to heart meeting with your attorney. Attorneys are people too and if there is an issue, speak to him/her about it. If you have a question, ask. If you want a clear answer, ask for explanations. While some attorneys make great students they make horrible teachers.

If you continue to have problems, go to www.texasbar.com and look under the Consumer Information section.

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Answered on 12/15/03, 8:24 am


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