Insurance claim help

[Big A]

Eh? You cannot recover in Texas if you are 51% or greater liable for a tort. In other words, her insurance carrier cannot legally pursue the 15% against his wife's insurance policy.

There's nothing to pursue, they would simply withold the 15% liability of both car's payouts.

For the case of simple math, let's say that it takes $1k to repair each car. 15% of $2k is $300, so they'll just pay $700 on his wife's car without ever getting her insurance involved.

Perhaps that's not legal either, I dunno, just showing that they can get their 15% by only paying for 85%.

[Silverback]

Why anyone tries to argue with GE, the claims guy round hurr, is beyond me.

[Big A]

Why anyone tries to argue with GE, the claims guy round hurr, is beyond me.

I'm not arguing anything in terms of legality or policy, just pointing out that the 15% can be covered without involving the other insurance company, unless the at fault car's damage happened to be more than 6.666666 times as much.

[MattB]

Why anyone tries to argue with GE, the claims guy round hurr, is beyond me.

LOL he's the expert!!

[GE]

There's nothing to pursue, they would simply withold the 15% liability of both car's payouts.

For the case of simple math, let's say that it takes $1k to repair each car. 15% of $2k is $300, so they'll just pay $700 on his wife's car without ever getting her insurance involved.

Perhaps that's not legal either, I dunno, just showing that they can get their 15% by only paying for 85%.

[Big A]

Nevermind, that would make sure that the ins. company paid only their 85%, but wouldn't hold their diver fiscally responsible.

They could pay 85% of the total repairs for both vehicles to the respctive owners, never involve the other insurance company, and still recoup the 15%.

[GE]

Nevermind, that would make sure that the ins. company paid only their 85%, but wouldn't hold their diver fiscally responsible.

They could pay 85% of the total repairs for both vehicles to the respctive owners, never involve the other insurance company, and still recoup the 15%.

The other insurance carrier can pay 85% of kpc01's wife's damages. They have a contractual obligation to their own insured to pay the full amount and make their insured whole, minus any applicable deductible. They can't penalize their own insured by assessing 15% negligence and deducting a payment to their insured's final payout. Consequently, if they apportion 15% negligence on their own insured, they cannot recover the 15% from kpc01's wife's insurance policy in Texas. Texas is a modified comparitive negligence state. If their insured is 51% or greater negligent, they cannot get anything back.