My question involves an injury that occurred in the state of: Texas
i had a car accident last month and another driver immediately admitted his fault. I still decided to use my Collision Damage coverage and as far as my car was Total Loss my insurance paid me the actual car value which was around $30 000.
i'm also trying to file Loss of Use claim (for car rental expenses) to driver's at-fault insurance but they're saying their damage liability is just $25 000 and they already received subrogation from my insurance for $30 000 so MUST pay subrogation first and can't reimburse my car rental expenses.
i can't find any information on the Internet about that so maybe you can advise me what does Insurance Law says in such cases - should driver's at-fault insurance pay my claim first and then subrogation from my insurance. OR subrogation claim prevails?
I also have Uninsured/Underinsured Motorist Damages coverage from my insurance and tried to file Loss of Use claim to them. But they also denied my claim saying "Underinsured Motorist Damages coverage can be used ONLY in case i filed damages liability claim to driver's at-fault insurance but not in case i used my Collision Damage coverage". Again i can't find any information on the internet about that:-)