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  1. #1

    Default Going to court today over the Trailblazer accident

    For those that are new here, I was in a wreck over two years ago. It was fall 2007 and I was on my way to work. Here is the original thread: http://www.gmtruckclub.com/forum/showthread.php?t=8911

    Let me sum up.

    Lady pulled in front of me. Wreck. $9,500+ in vehicle damaged, $2,000+ in lost wages and medical bills. Her insurance company said it was 40% my fault. I took the claim away from them and gave it to my insurance company. My insurance won in arbitration - 100% the fault of the other driver. Her insurance company (Farmers Insurance) PAID THE CLAIM!

    I went back to the other insurance company for medical, lost wages, etc. NOPE, they said that even though they lost arbitration once, they were still going to smack me with 40% fault.

    SO I FILED SUIT IN SMALL CLAIMS COURT.

    So they have an attorney going up against me. Actually has me a little bit worried as they're skilled in this sort of thing, but I'll just go in and make my case and we'll see what happens.

    Wish me luck!

    Steve
    10 Chevy Traverse LT AWD
    02 Chevy Trailblazer LS (110K+ miles - loaded except for 4WD - WRECKED!)
    99 Chevy Cavalier LS (105K+ miles - commuter car)
    78 Chevy Suburban Silverado (454, 3/4 ton)
    62 GMC 3/4 ton Pickup (350 police interceptor)

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  2. #2

    Default

    Good luck Steve. I hope everything works out in your way like it was agreed in the first place.
    Peter

    2007 Silverado LT Crew NNBS 5.3
    Stock 20"
    Black Powdercoated Billet Gas Door
    LineX Bedliner
    Go Rhino Dom II Bars
    Work in Progress
    1952 Chryler 2dr Windsor } Mine and Dad's
    Former Cars
    2000 civic hx Moded
    1993 Probe simi moded
    1985 Nissan 4x4 Kingcab

    So*Cal Group

  3. #3

    Default

    Good luck steve!!

  4. #4

    Default

    Huh, I got blindsided today. Turns out that in Texas you can't break up a case between small claims and arbitration, etc. So my insurance company should have taken the entire amount for bodily injury, lost wages, etc. and turned that back into her insurance company. So I really got hosed becuase the 2-year deadline has hit now.

    The attorney for the other side said that he would have been blind-sided by the evidence that I brought up ... but the Judge said that it was out of his jurisdiction because the amount of the collision and the bodily damage that I sought was greater than $10,000. (They paid $9,500+ for the collision damage to my vehicle after arbitration)

    Well, I guess that's a pretty anti-climatic ending to all of this. I would have won, but I was in the wrong court and I couldn't afford to go to big-boy court, so I was just out of luck.


    Steve
    10 Chevy Traverse LT AWD
    02 Chevy Trailblazer LS (110K+ miles - loaded except for 4WD - WRECKED!)
    99 Chevy Cavalier LS (105K+ miles - commuter car)
    78 Chevy Suburban Silverado (454, 3/4 ton)
    62 GMC 3/4 ton Pickup (350 police interceptor)

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  5. #5

    Default

    huh, I just read on TexasBar.com that:

    If the transaction giving rise to your dispute can be divided into parts, you can sue for damages based on some of the divisible parts. For example, if you purchased several different items in one transaction, you may be able to sue for damages to some, but not all of those items.
    So this concerns me, I may have been screwed.

    Steve
    10 Chevy Traverse LT AWD
    02 Chevy Trailblazer LS (110K+ miles - loaded except for 4WD - WRECKED!)
    99 Chevy Cavalier LS (105K+ miles - commuter car)
    78 Chevy Suburban Silverado (454, 3/4 ton)
    62 GMC 3/4 ton Pickup (350 police interceptor)

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  6. #6

    Default

    We get millions of visitors per year on this site! Is there an attorney on here from Texas that can help me out?

    It looks like cases are split all the time for property damage and personal injury, happens all the time! That stinks really.

    For example, in Texas there was recently a law passed that limits the amount of personal injury that can be awarded in some cases. That means that the state itself has determined that some cases can be split and different amounts are awarded for things like this.

    Do I have something to stand on for this? Just curious? Otherwise it's too late.

    Steve
    10 Chevy Traverse LT AWD
    02 Chevy Trailblazer LS (110K+ miles - loaded except for 4WD - WRECKED!)
    99 Chevy Cavalier LS (105K+ miles - commuter car)
    78 Chevy Suburban Silverado (454, 3/4 ton)
    62 GMC 3/4 ton Pickup (350 police interceptor)

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  7. #7

    Default

    Steve,
    I really hope someone can help with this. A couple years ago while living in the DFW area my mom was rear ended while at a stop light (obviously the other persons fault). The other persons insurance claimed my mom was 50% at fault because she did not honk her horn when she noticed the driver approaching her quickly from the rear!!??

    Bobby - North Carolina
    2008 4x4 5.3L V8
    6" Suspension Lift and 1.5" Body Lift
    20x9 Ballistic Jesters w/35" Toyo Open Country MT's & 1.5" rear wheel spacers
    4:56 Yukon Gears
    Hypertech Speedometer Calibrator
    Baja style bed mount spare tire carrier
    Flowmaster 40 series dual exhaust
    Recon Smoked LED tails/3rd brake lights/black projectors w/switchback LED's in the corners
    N-Fab Nerf Steps
    K&N CAI
    No Fear Pedals
    Tint, Line-X bedliner, Window visors, Rear wheel well liners
    Painted front grill, bow ties and door badges, de-"lettered" tailgate
    Powder coated front and rear bumpers

  8. #8

    Default

    Sorry about that. That stinks.

    I think I got hosed on this deal. From what I understand there CAN be a division of parts of an incident, a contract, a bill of sale, etc. Where part of the incident can be sued for and not the whole of the thing.

    Steve
    10 Chevy Traverse LT AWD
    02 Chevy Trailblazer LS (110K+ miles - loaded except for 4WD - WRECKED!)
    99 Chevy Cavalier LS (105K+ miles - commuter car)
    78 Chevy Suburban Silverado (454, 3/4 ton)
    62 GMC 3/4 ton Pickup (350 police interceptor)

    Remember: Search Before Posting | Fill out Your Profile & Signature
    Follow Us Please: facebook.com/gmtruckclub | twitter.com/gmtruckclub
    Support GMTC: Help the site, contribute today

  9. #9

    Default going to court today ove trailblazer accident

    Good luck Steve, rip there heads off.

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