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do i need a lawyer for an automobile insurance dispute?
Houston, TX
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Posted 5 months ago in Insurance
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on 4/27/09 my car was flooded and sat for 2 1/2 weeks with water/moisture in it and b/c the tranny and engine are ok, my insurance company says it's not a total loss (2009 camry). the car is 100% NOT FIT to drive due to extreme health hazards. they paid for some of damages or what they 'think' was enough. but there is physical evidence of mold and rust inside the car, as well as the moldy mildew smell. they refuse to believe any of it and will not do anything else with my car, though i have several witnesses who have smelled and saw the evidence. what is my next course in action and who or where do i start? ive contacted several public adjusters and none of them deal with automobiles. ive read through my insurance policy and there's nothing in there dealing with any sore of arbitration.
Answers (1)
Richard Emory Mcgary
This attorney is licensed in Texas.
Posted 5 months ago.
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Go find a lawyer. If you do this yourself, you will just make a mess out of it. If you arbirtrate the matter yourself, you will need someone who is an expert in the area of auto repair and the effect of flood damage. Of course, you will have to pay that out of pocket. You will then wind up artbitrating the matter before a lawyer you know nothing about, without any idea how to present your case or why the other lawyer is successfully preventing you from showing the arbitrator what happened. Trust me. It will be like a one legged man in a butt kicking contest. I have no idea the extent of the damage you reference, your policy, or your negotiations with your insurance company. You may have already compromised your position without even knowing it. Your policy requires the insurance company to repair or replace the car with like kind and quality. Nothing more, nothing less. The very best advice anyone can give you is to go find a local lawyer as soon as possible. Also, I would strongly suggest you take photos of the rust and mildew present in the car. Do not underestimate the value of photographs.
NOTE: THE FOREGOING DOES NOT CONSTITUTE LEGAL ADVISE OR THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP BUT IS FOR PURPOSES OF LEGAL DISCUSSION ONLY. |
