Skip to main content
No photo

Clay Boulware’s Answers

95 total


  • Can insurance company suspend my license after it has gone to collections?

    In November 2012 I was involved in an automobile accident and legally considered my fault for failing to yield the right of way. The other party had liberty mutual at the time and i was uninsured. An entire year went by and I heard nothing from th...

    Clay’s Answer

    Your license could be suspended, but only if there is a court judgment against you arising from the accident. So, first, you would have to be sued. Once there is a court judgment, it can be filed with DPS and they can suspend your license. Here is more info on the process:

    http://www.txdps.state.tx.us/DriverLicense/CrashSuspension.htm

    Click on "Uninsured Driver" "Liability Judgment" and "Unsatisfied Judgments"

    See question 
  • USAA sent my Girlfriend a copy of my proof of insurance and she is not authorized on the account, Can I follow up legal?

    After reviving my insurance card in the mail, I was told by USAA that we do not have insurance, when I told them I have proof and they e-mailed it to my girlfriend, the manager on the phone advised me this cannot be true because she does not have ...

    Clay’s Answer

    If you have proof that you have insurance, you should show that proof to USAA and figure out where the problem is. You should also have something showing that you paid for the insurance. Other than that, I am not clear what question you are looking to answer.

    See question 
  • I had a preexisting back injury prior to being rear-ended. I thought I was ok until about an hr or 2 later. The person that

    was responsible for the MVA called the next day to "expedite" the claim and get our vehicles fixed . His insurance rep called me the morning after as well, to discuss where to get my vehicle fixed and I mentioned that I was going to my PCP, due t...

    Clay’s Answer

    Your best bet is to talk to a personal injury attorney in your area. They can help you through the process.

    See question 
  • I am in Texas and went through another flood. The flood company that serviced me charged me 5,200 and I just paid them 1,700.00

    I wrote final payment on the check and they CASHED it, Can they put a lein on my house for 3,200.00 ?

    Clay’s Answer

    Depends on if the flood company knew that your were submitting the check as full and final payment, and you will have to prove that they knew when they cashed the check that it was for full and final payment of your account. Do you have any letters you sent them saying the check was for full and final payment? Did you talk to anyone and agree that you could pay just the $1,700.00 to pay off the account?

    Here's a bit more info from Snopes.com

    http://www.snopes.com/business/bank/paidfull.asp

    See question 
  • Policy renewed day of accident, denied coverage because timeline is "suspicious." They also cancelled my policy.

    Did not renew policy over summer to save money while school was not in session (bused instead), and planned to renew for start of fall semester. Received word from a job I applied for that they wanted to schedule an interview and had a time availa...

    Clay’s Answer

    Sounds like you are going to need an attorney to pursue an action against your insurance company. To be successful, you will have to have a very strong timeline with evidence of when you contacted your insurance company, when you made your payment and when the collision occurred.

    See question 
  • Can i be sued for an at fault accident, in Texas, when the person i hit has no license or insurance?

    I have insurance

    Clay’s Answer

    Yes, if you are responsible for the accident, you can be sued. Whether or not the other driver has insurance does not change one's responsibility for causing an accident.

    See question 
  • If there were 2 policies for the same car. can both pay the PIP?

    My son had his policy for two cars and my husband and I were under his name, I got a policy for one of those cars under my name and my son under me, after an accident my policy pay the PIP but his didn't, can both pay the PIP?

    Clay’s Answer

    It will depend on now "covered person" is defined in each policy. If you fit the definition of "covered person" on each policy, then there should be coverage. If one policy if primary and the other excess, then you will have to exhaust the limits on one policy before the other policy will pay anything.

    See question 
  • Do I need a lawyer for a car accident?

    Although I am having a hard tine finding somone . I was in a non at fault accident he admited fault to the police report. But the insurance company just denied the claim because he was not a listed driver although he obviously had permission beca...

    Clay’s Answer

    Sounds like you will need an attorney for this one. The attorney will have the resources to find out the owner of the car. There is also a legal issue as to whether the driver was an excluded driver or a non-listed driver, and that can make a difference as to your claim.

    Also, I am guessing that you do not have uninsured motorist coverage. If you do, you can make a claim on your own insurance for your damages. Your insurance company pays you, then your insurance company will try to collect from the other driver.

    See question 
  • How do I get the right amount of money for my totaled vehicle?

    Other party 100% at fault. Insurance company is offering me $4900. NADA lists the same vehicle at $6100. Craigslist shows comparable vehicles between $6100 and $7000. Insurance company tells me they don't have to go by NADA or Kelly Blue Book.

    Clay’s Answer

    Many insurance companies use CCC values instead of NADA or Kelly Blue Book values. CCC is a company that only works for insurance companies to provide them car values. CCC values are often lower than NADA of Kelly Blue Book values. You should ask the insurance company to provide you with the basis for their valuation of your car and to provide the comparable values they used in valuing your car. They may not want to do this, and if they don't want to work with you, your only option will be to try you luck in small claims court.

    See question 
  • Is other party's insurance company required to pay "replacement value" or only pay "actual cash value"?

    Auto accident.... My vehicle totaled..... Other party 100% at fault.

    Clay’s Answer

    Other party's insurance pays the market value of the vehicle under their liability insurance.

    See question