Can I take an insurance company to small claims court for refusing to pay for rental costs even after we had a verbal agreement?

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Can I take an insurance company to small claims court for refusing to pay for rental costs even after we had a verbal agreement?

My car was rear-ended and totaled. The other insurance company admitted fault and confirmed over the phone I could get a rental and get reimbursed. I sent them an e-mail to confirm the rental policy and they did not dispute it at that time. Then, 4 weeks later, I received an e-mail telling me they would not cover the rental because my car was totaled and the state does not require them to pay for rental. Can I take the insurance company to small claims court?

Asked on April 1, 2012 under Accident Law, Texas

Answers:

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW

Answered 9 years ago | Contributor

They are required to pay all of your reasonable and necessary damages flowing from the negligence or wrongful conduct of their insured.  Only a court can make a determination as to fault and then to appropriate compensation.  Insurance companies are negotiating with you and, oftentimes, you must sue to get the compensation you deserve.

Please feel free to contact my office should you have any questions.


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