Assuming you are not the cause of any delays, no. Many insurance adjusters still believe that “loss of use” (i.e., the rental-car claim) is not owed under Texas law in the event of a total loss. That used to be true. In 2015, however, the Texas Supreme Court decided J&D Towing, LLC vs. American Alternative Insurance Corp. Now, the rule is reasonableness. The insurance company has to allow a reasonable amount of time to arrange the purchase of a new vehicle. If your adjuster claims they don’t owe for “loss of use”, tell them to google the J&D Towing case. Ask them to review it with their supervisor. Just remember that “reasonable” is in the eye of the beholder. To minimize the risk of having to pay out of pocket, contact online sellers, dealerships, and finance companies ahead of time if you can. Decide what you are buying. Find out if you can get into your new vehicle with a “letter of guarantee” from the adjuster. That way you won’t have to wait for the insurance company’s check to process to get out of the rental car.
A special message to the friends and potential new clients of FVF Law:
FVF’s client contract has, for a long time, contained the following termination clause: “FVF Law is a values-driven law firm, and because diversity is a value we support, “good cause” [for termination] shall include any expression by the client of intolerance with respect to race, ethnicity, gender, religion, or sexual orientation.”
Now more than ever, FVF recognizes the global need to combat racism proactively, and to do so with more than just words. This firm was built on the mission of being better. Better lawyers. Better advocates. Better people.
We all know being better requires an ongoing commitment to learning, growth, introspection, and change. We enthusiastically embrace that commitment and hereby pledge to do more than just talk about it. Stay tuned on our blog and facebook page for more about what FVF is doing to back this important global effort.
In the meantime, we would respectfully request new clients who find their own views incompatible with this pledge to consider contacting another firm to handle their case. In any case, we invite you to provide honest feedback by emailing email@example.com.
Josh and Aaron, and all of FVF Law