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Going to court today over the Trailblazer accident

Discussion in 'The Coffee Shop ~ Chit Chat' started by ChevyFan, Jan 12, 2010.

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  1. ChevyFan

    ChevyFan Administrator Staff Member 1000 Posts

    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!
  2. adidasboy918

    adidasboy918 New Member 100 Posts

    Good luck Steve. I hope everything works out in your way like it was agreed in the first place.
  3. BLK-Z71

    BLK-Z71 New Member 100 Posts

    Good luck steve!!
  4. ChevyFan

    ChevyFan Administrator Staff Member 1000 Posts

    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.

    :neutral:
  5. ChevyFan

    ChevyFan Administrator Staff Member 1000 Posts

    huh, I just read on TexasBar.com that:

    So this concerns me, I may have been screwed.
  6. ChevyFan

    ChevyFan Administrator Staff Member 1000 Posts

    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.
  7. canislupis69

    canislupis69 New Member 1000 Posts 100 Posts

    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!!??
  8. ChevyFan

    ChevyFan Administrator Staff Member 1000 Posts

    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.
  9. silveradotrailblazer

    silveradotrailblazer New Member 1000 Posts 100 Posts

    going to court today ove trailblazer accident

    Good luck Steve, rip there heads off.

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