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Rear ended- how to handle insurance


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1 hour ago, T’Boo Ted Marshall said:


I’ve been out of the game for a while but I am a recovering auto claims mgr. I don’t recall a TX statute specifically saying “comparable” during my time handling 3rd party claims. That may have changed.

I rarely even heard of claimants going to small claims to get additional damages. I spent 11 years and never heard of it anywhere.

I'm an attorney. There is no specific statute. Common law controls here. The question is what damages did the person have as a result of the accident. Again, the general goal of the tort system is make the person whole. Comparable transportation follows from that aim. 

I don't know what you mean about the last part. People go to court all the time when insurers refuse to pay reasonable compensation. Smalls claims isn't any different than filing any other lawsuit. 

Edited by Dahobbs
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I'm an attorney. There is no specific statute. Common law controls here. The question is what damages did the person have as a result of the accident. Again, the general goal of the tort system is make the person whole. Comparable transportation follows from that aim. 
I don't know what you mean about the last part. People go to court all the time when insurers refuse to pay reasonable compensation. Smalls claims isn't any different than filing any other lawsuit. 

Right, and when suit is filed in small claims court, does the carrier not have a duty to defend and respond?

What I’m saying is that in my 11 years and 1000’s of claims handled, I never once had a suit filed in small claims court and not once did I hear a colleague or other manager mention one either.
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5 minutes ago, T’Boo Ted Marshall said:


Right, and when suit is filed in small claims court, does the carrier not have a duty to defend and respond?

What I’m saying is that in my 11 years and 1000’s of claims handled, I never once had a suit filed in small claims court and not once did I hear a colleague or other manager mention one either.

It happens, but it is rare. Generally if the dispute is worth going to court over the person will hire an attorney and you wouldn't end up in small claims court. 

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13 hours ago, T’Boo Ted Marshall said:


Right, and when suit is filed in small claims court, does the carrier not have a duty to defend and respond?

What I’m saying is that in my 11 years and 1000’s of claims handled, I never once had a suit filed in small claims court and not once did I hear a colleague or other manager mention one either.

Maybe because you worked to make the other party whole?  Or maybe you didn’t.  

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Maybe because you worked to make the other party whole?  Or maybe you didn’t.  

For the most part yes. As a front line guy It wasn’t my money so I wanted closed claims. I would find ways to make things reasonable.
As a mgr I wanted no TDI complaints as we did take those seriously.

Smaller carriers will try to nickle and dime from my experience.
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15 minutes ago, T’Boo Ted Marshall said:


For the most part yes. As a front line guy It wasn’t my money so I wanted closed claims. I would find ways to make things reasonable.
As a mgr I wanted no TDI complaints as we did take those seriously.

Smaller carriers will try to nickle and dime from my experience.

This is Ngic.  Not sure if they’re big or small.  I know all state purchases them.  They switched adjusters on me and this lady is lazy. Just flat can’t be bothered.  As of now, I guess I’ll pay for the rental and if they do t reimburse I’ll go small claims.  

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