Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Author: Fell Law Firm

  • Severe weather claims issues for your homeowner’s policy

    A homeowner’s policy is a necessary cost of owning a home. For most people, it is a condition of your mortgage contract and failure to maintain insurance on the home could lead to a mortgage default. The basic policy is designed to provide protection for the physical structures on your property.

    Should they suffer damage caused the severe weather that frequently strikes in the Dallas-Fort Worth region of North Texas, many homeowners rely on those policies to repair storm damage or rebuild their homes if they were destroyed by a tornado. Having a homeowner’s policy provides the comforting thought that if your home suffers significant damage, you would not have to attempt to pay for the repairs out of your own pocket.

    But one aspect many homeowners fail to understand until they receive a Notice of Cancellation or Nonrenewal from their insurer is that claims on your policy can have a detrimental effect on your status as a policyholder.

    If you make too many claims in a given year or too large a claim, it may place you in the position of having your policy canceled by the insurer. Having too small a deductible can leave a homeowner feeling as if they should make a claim every time they suffer any damage.

    This may not be a good idea, as your policy costs more for the low deductible, and frequent claims could trigger a cancellation. It could also lead to delays or even a bad-faith refusal to pay a claim, as the insurer may attempt to characterize your claims as fraudulent. This could delay your repairing or rebuilding your home and force you to sue your insurer in an effort to obtain the coverage for which you have paid.

  • TxDOT working to prevent wrong-way drivers on Dallas roads

    There are many things that can go wrong when driving. You can encounter an intoxicated driver or a speeder, driving far too fast. There are fatigued drivers and those that are distracted by texting or some type of electronic device. One of the most frightening is the wrong way driver. When you are on a controlled-access highway, such as Interstate 20, 30, 35 or US 75 in the Dallas area, such an encounter could be deadly.

    The design of an interstate-type road adds to the risk, as once a driver heads down an off ramp, motorists in the lane traveling the correct direction have few options to safely avoid such a driver, as there may be no exits available. While there is little that can be changed in the overall design of these roads, there are many enhancements that can be made to lessen the likelihood of these drivers and the devastating crashes they cause.

    Dallas and Tarrant Counties have some the highest prevalence of wrong way drivers in Texas, and in 2015, more than 1,000 crashes in Texas killed 65 motorists. While drunk driving is a primary factor, some studies have found that older drivers can be confused at night, leading to wrong-way incidents.

    A local Dallas TV station reported that recommendations had been made for a decade on methods to prevent these crashes, but TxDOT had failed to implement any of them in the Dallas area. That investigation seems to have prompted some movement, and TxDOT has begun to install improved signs and other warning systems that could help prevent wrong-way drivers.

    These drivers are often intoxicated and may be disoriented by near an entrance or exit ramps. The TxDOT is installing new LED warning signs on some ramps that will sense a wrong way driver and flash intensely to warn them. The sensors will also alert the TxDOT traffic command center to place alert notices on the light-up message signs located on the highways to warn other drivers. The system also alerts the police to the occurrence.

    Other changes involve “wrong way” signs that are mounted lower to the ground, where the will show up in headlights. California found the use of these signs helped to reduce these crashes.

  • Failure to return a security deposit

    One of the benefits of renting is that expensive, large household purchases are uncommon. Instead of dropping a lump sum to the plumber or the appliance store, one of the largest checks you’ll write is your security deposit.

    Even though you don’t have access to that money while you’re staying in your apartment or house, it’s still your money. Responsible renters expect to get it back, or at least a significant portion of it.

    Getting your money back

    By law, a landlord can withhold funds from a deposit for these reasons:

    • Breach of lease
    • Excessive damage and repair
    • If a tenant tries to use the deposit as a final month’s rent
    • If the tenant does not give notice before moving out (depending on language in the lease)

    The money likely goes into a savings account and, in theory, will sit untouched. There’s an agreement that the money will be returned when the lease ends.

    When you don’t get your deposit back

    Texas law requires the return of your deposit within 30 days after moving out, with an itemized list of any withdrawals for damage or other reasons.

    But sometimes the landlord doesn’t return the money. A landlord can withhold funds for damages that exceed “normal wear and tear.” This isn’t a perfectly defined term and disputes are common about when a tenant should pay for repair and when it was a routine maintenance cost. Many tenants also dispute the price of the repair, such as when a bill for damages is more than the market value.

    A pledge for contract

    The Oxford Dictionary defines deposit as “a pledge for a contract, the balance being payable later.”

    Landlord-tenant disputes are ultimately contract disputes. The best armor in a contract fight is evidence that shows routine wear and tear, photographs that prove living conditions and receipts from rent checks or other living-related purchases.

    The law doesn’t just define the timeline and manner for getting your deposit back, but it protects renters from abuse. If there are unreasonable withdrawals, you may be entitled to compensation for the deception, with the landlord also responsible for your attorney fees.

  • Issues involving a commercial security deposit

    For a tenant, when a lease ends, it always important to recover your security deposit. In many cases, it can be a substantial amount of money, especially if the lease involves a business’s commercial property.

    A requirement for a security deposit, which protects landlords from damage to their property caused during a tenant’s leasehold, and is typically controlled by the language of lease contract regarding how a tenant may obtain its return at the end of the lease. This is important. As a tenant, you need to understand what is encompassed by the security deposit and the proper steps for obtaining the deposit back.

    Because a commercial lease agreement is presumed to take place between two sophisticated businesses, the landlord has great flexibility in choosing many of the terms of the lease agreement. When you are looking for commercial property to rent, one item you should consider is how negotiable the terms of your lease may be.

    If a landlord is unwilling to negotiate the terms of the lease, you should be very cautious prior to signing any agreement. You may also want to consult with your attorney and make a close examination of the lease. If there are clauses that give too much power or discretion to the landlord and they are unwilling to negotiate any changes, you may be better served going else ware for your property needs.

    This is important because this contract will control your interaction with your landlord and once a dispute arises, you will be stuck with that language, no matter how unfavorable it may be. Before you sign a commercial lease, you should understand fully your rights and obligations under the lease.

    Details like the amount of the security deposit, whether it can be used to cure a default on the lease, and if you have a dispute, if the landlord can take that money without a resolution of the dispute, may seem unimportant in the excitement of taking possession of a new property. But if something goes wrong, it could become an expensive mistake.

  • 4 things you can do to ensure you get your security deposit back

    Renting a house or apartment comes with a number of perks. You may not be responsible for certain utilities, you have the freedom to be more mobile year after year, and if something breaks, it is typically your landlord who will deal with the task and cost of fixing it.

    However, in exchange for these perks, tenants are usually required to pay a security deposit upon moving in. The deposit can be kept by the landlord or returned to the tenant at the end of a lease. A security deposit can be a substantial amount of money, so people are typically eager to get as much of it back as possible. Below are some easy ways to protect your deposit and make more likely that you will get it back.

    1. Make sure you read your lease carefully before signing it. Your lease should specify how much the deposit will be and the terms of returning it. Reviewing this document with an attorney will help you spot any potential issues or concerning terms.
    2. Take photos upon move-in and move-out. Oftentimes, deposits are retained to cover repairs. If something was broken, missing or in poor condition when you moved in, you will want to document that so you are not held accountable.
    3. Take note of any cleaning standards your landlord has. While deposits are typically not used to cover standard cleaning or wear and tear, your landlord may have specific cleaning requests that must be met. If you do not meet these, you could lose part or all of your deposit, so make sure you know what your landlords expectations are.
    4. Stay current with bills and rent. If you fall behind on bills or stop paying rent, your landlord can deduct that money from your deposit. If you have questions about purposefully withholding rent, it would be wise to consult an attorney before you stop making payments.

    These are all ways you can protect yourself and your deposit. But even if you don’t do these things, or in the event that issues still arise that compromise the return of your deposit, you still have legal options. Consulting an attorney who is familiar with security deposit disputes can be a good way to examine your rights and take steps to resolve the matter and collect your deposit.

  • Do you know what you could lose?

    The beginning of a new year is a good time to reassess your situation in many areas. You may feel you need to lose weight, exercise more, find a new job or some make some other significant change in your life. Even if you aren’t ready to commit to a major change, a milestone like the January 1 may be useful as an incentive to do some of those things you should do, but just never seem to have the time.

    For instance, a whole-house inventory of your possessions. As deadly storms in the South demonstrated last weekend, just because it is January does not mean tornados and other severe weather is not possible this time of year. While the Dallas region is less likely to experience tornados and hailstorms, they are not all that rare, and strong storms with lightning may have set fire to a home in Parker on January 2. The area has also just marked the anniversary of the Garland tornado that killed nine people the day after Christmas in 2016.

    A major disaster, like a tornado or a fire can utterly devastate your home. In the aftermath, there may be little left but debris and rubble. At that point, it is too late to try catalog the contents of your home. This is why a detailed home inventory can be valuable when making an insurance claim on your homeowner’s policy, and even more valuable, should an insurance dispute or bad faith behavior arise concerning your claim.

    It is best to be methodical, working from one room to the next, providing as much information as possible about the items in the room. Taking comprehensive photos and video can also ensure that you won’t forget items and that the condition of the item is visible and clear.

    Simply making the inventory is not enough. If you keep it in your home, it too could be destroyed. You should make multiple copies and keep one or more at a different location, one of which should be a very secure location, such as a bank safe deposit box.

  • What does “bad faith” actually mean?

    When you file a claim with an insurance company, that company has a legal duty to act in good faith and deal with your claim fairly. The basis for this requirement lies in the fact that the insurers’ control over claims processing gives them unequal bargaining power in their relationship with their policyholders. As such, if your insurer acts in bad faith when handling your claim, you may have grounds for a lawsuit against them.

    Determining exactly what constitutes bad faith, however, is not always straightforward. If you feel that your claim has not been handled fairly by your insurer, consulting an experienced attorney is highly advisable. When investigating how your insurer has handled your claim, your attorney may identify common bad faith practices, including:

    • Failure to provide the insurance protection that was promised.
    • Misleading policyholders, or misrepresenting.
    • Refusing to settle a claim in a timely manner, or refusing to settle a claim at all.
    • Unnecessarily delaying payments or failing to provide payment in full.
    • Making unreasonably low settlement offers.
    • Refusing to investigate a claim, or failing to investigate in a timely and thorough manner.
    • Canceling policies without good reason.

    These deceptive and unfair practices are among the most common indicators to a judge that an insurer has failed to act in good faith. Nonetheless, in cases where a claim has been unfairly denied, delayed or otherwise mishandled, the burden of proof lies with the insured. As such, it is important to seek the advice of an bad faith insurance attorney with the knowledge and skill to present your case as effectively as possible.