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Howdy Legal EaglePlease see attached where...

Resolved • Response time 22 minutes

21 Sep 2021

Howdy Legal EaglePlease see attached where I’m the third party plaintiff ….now regarding the paragraph are there any other Texas laws , Texas insurance codes that I can stand my ground on ?
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21 Sep 2021

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Lawyer's response
21 Sep 2021
Ben S.
Ben S.
Owner

Hello and welcome to JustAnswer. My name is ***** ***** I'm a licensed attorney. Please note this site is for general information for educational purposes only and my responses do not constitute legal advice, nor do your questions or my responses establish an attorney-client relationship or are subject to attorney-client privilege.

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While we are working together, you might experience a wait time. This is because I am working with more than one customer at the same time. Even if it takes a little while, I promise I will respond when I am able to. Thank you for your patience.

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I am sorry to read about your uncertainty regarding injury laws. I know they can be confusing and I hope we can address the matter here.

Can you explain where the excerpt you attached comes from?

21 Sep 2021
Customer reply
21 Sep 2021
Letter
21 Sep 2021
Lawyer's response
21 Sep 2021
Ben S.
Ben S.
Owner

Who sent you the letter?

21 Sep 2021
Customer reply
21 Sep 2021
The defendants lawyer
21 Sep 2021
Lawyer's response
21 Sep 2021
Ben S.
Ben S.
Owner

So, if I understand correctly, you were injured in an auto accident. The other vehicle was driven (or owned) by Puri Jyoti who is insured by Amica. You filed a lawsuit for personal injury against Puri Jyoti and Amica. Is all of this correct?

21 Sep 2021
Customer reply
21 Sep 2021
The pi claim been settledIm suing the Puri because her ins co acted in bad faith as a third party claimant under paying the claim IETotal loss valueLoss of useBreach of agreement during the claim regarding the salvageAmica taking 4 months to accept liability on a concrete undeniably claim
21 Sep 2021
Lawyer's response
21 Sep 2021
Ben S.
Ben S.
Owner

Thank you for clarifying.

Unfortunately, you cannot sue Puri for the conduct of her insurance, Puri is NOT responsible for what her insurance does or does not do.

Also, Texas does not recognize a third-party claim for bad faith against an insurer. Under Texas law, the other driver's insurance does not owe any duty of good faith. That was the Texas Supreme Court holding in Allstate v. Watson (here is a link: https://casetext.com/case/watson-v-allstate-ins-co-1). Therefore, Amica had no duty to settle with you (even if Puri was clearly liable) and they could force you to prove your injury case in court.

Here is a link to a helpful article regarding the Watson case: https://www.dallasfortworthinsurancelawyerblog.com/can-properly-sue-insurance-company-bad-faith/#:~:text=An%20insurance%20company%20does%20not,dealing%20with%20a%20third%20party.&text=This%20Texas%20Supreme%20Court%20held,for%20unfair%20claim%20settlement%20practices.

I really wish I had better news for you, but I am ethically required to give you my honest legal assessment of the situation.

Have I given you a satisfactory response (even if it is not what you were hoping I would say)?

21 Sep 2021
Customer reply
21 Sep 2021
Next questionBut I have the right to sue Puri for the items I stated earlier that caused me damages ?
21 Sep 2021
Lawyer's response
21 Sep 2021
Ben S.
Ben S.
Owner

You can sue Puri (but not Amica) for your personal injury and property damage caused by her negligence.

Is there anything else you need help with today?

21 Sep 2021
Customer reply
21 Sep 2021
That’s it thanks Ben
21 Sep 2021
Lawyer's response
21 Sep 2021
Ben S.
Ben S.

You are welcome. It was my pleasure to assist you. Any bonus you think I have earned would be much appreciated. :)

Cheers!

And if you need help with a new legal question in the future, please click on this link and start your question with the words "FOR BEN S. ONLY": https://www.justanswer.com/law/expert-californialawyer/?rpt=3800

Customer rating:
Ben S.
Ben S.
Owner
Avg. question only $36
President at The Soffer Law Firm PC
21 Sep 2021
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