Legal Question in Insurance Law in Texas

A gate at my community hit the middle of my car and caused extensive damage. When i contacted HOA they said they would cover it. a few weeks later, i got a call from their insurance company who claimed they weren't going to cover anything, because it wasn't their fault. i told them "no, problem, i will call a lawyer" and then next day they called back and said that they would be sending their adjuster to meet me. i met with their adjuster who said it was obvious the gate closed on my vcar and that i dodn't run into it. a week later, i got a call from insurance company who said they weren't at fault, but were willing to cover half of the cost. i told them, no - they can talk to my lawyer, and a week later they called back and said they will cover 60%. i contacted HOA because i was tired of hagling with them, and HOW sent me an email back that they would cover the rest. they informed me that i had to pay it up front and they would reimburse me. i told them that was fine as long as HOA wriote an official letter stating those facts and have not heard back since. i need a letter or something done to resolve the issue, as it has been almost 6 months. i also am seeking depriciation on the vehicle now.

thanks,

stacy


Asked on 3/19/12, 2:18 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

hopefully u had insurance on ur car..and they should negotiate settlement. All they must pay is the cost of repair..and our firm would want a fee to go forward..since it is not an "insuranc" claim but against the HOA....so good luck..

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Answered on 3/19/12, 3:11 pm


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