Attorney Suggestions?

As I posted in the 308 forum, a girl ran a red light on memorial day and took out my little 308. Insurance has decided that the car is totaled, and wants to pay out $39k. I couldn't even come close to replacing the car for that. I think I may have a good reason to file suit based on bad faith. I called Dallas BAR Association, and they referred me to some Indian Husband/Wife team that have no reviews, and TBH, I don't trust. Any suggestions would be appreciated.

 

Lee Shidlofsky is the best coverage/bad faith attorney in Texas, maybe the country.

Shidlofsky Law Firm PLLC :: Home Page :: Austin, Texas

Nowadays, he does mostly appellant work. (I believe he has won more Texas Supreme court cases than any man alive.) However, he's a great guy and can give you a good referral if he doesn't have the time.

 

You might try talking to Greg Scott (Home). He is well-known to many of the Dallas FChatters. Greg does a lot of insurance defense work so he might be conflicted-out in your case, but it might be worth giving him a call.

The other option would be to hire a valuation expert and use the report to fight the insurance offer.

 

You have no bad faith claim by definition against the other driver. The issue is one of damages, I.e market value and you need a good value expert. Problem is that you can't recover attorney's fees for your claim. Between expert and attorney's fees this case can cost as much as the delta between offer and what you are really damaged. My advice is to get a goo expert and try the case yourself.

 

But if his insurer acted in bad faith, isn't that a colorable claim? I realize this is shooting for the moon, but shouldn't his first shot be to file a complaint with the insurer, and maybe the state board?

 

Guessing it's the other drivers insurer that he's dealing with.

Is John H. still around? I seem to recall he did car valuations professionally.

 

Yes John still does some valuation work, and I was presuming the other driver was at fault so OPs insurance not implicated.

 

Call your own insurance company. File with them and have the subrogating the claim. It will initially cost you your deductible, but as soon as they get any money back from her insurance company they will refund your deductible.

Aaron

 

That's correct, no bad faith on a third-party claim. This is a straight up damages claim.

 

That's correct, no bad faith on a third-party claim. This is a straight up damages claim.