Crunched 5000 TX law Question

[Michael Riebs / Audi V8]

What's the charge at court to sue in small claims? $17? + the fee to have
the guy served? $20? So a total of $37 that you stand to lose if you don't
win the case?
Hmm, let's see, spend $2,500 on repairs, or risk an additional $37 to see if
I can win the $2,500 from the other guy? Seems like a no-brainer to me.
And when the H E double toothpicks did the insurance companies decide that
when someone rearends you, it's YOUR fault?
I'd sue the insurance company too - but not until I complain to some very
senior insurance company officials!
This one is just plain ignorant on the part of Allstate! Makes me so mad. We
pay all this money, and then they won;t cover us.
Aaaaarrrrggghhhhhh!
Ok. glad I got that out of my system.
Go after him. Go after them! Sue everybody! It can't possibly be your fault!
DON'T sue the police dep't, though, if you live in the same town. At least
not if you value your life the way it is right now! They can be some real
b@$!@rds if people mess with them.
DISCLAIMER:
I AM NOT AN ATTORNEY OR A LEGAL PROFESSIONAL. DO NOT TAKE MY ADVISE TO BE
THAT OF AN EXPERT!

Michael L. Riebs
Grand Rapids, Michigan

'90 V8Q
'98 A6QA

www.1stchoicegranite.com

----- Original Message -----
From: <ScottyCBoy at aol.com>
To: <quattro at audifans.com>
Sent: Friday, May 10, 2002 12:01 PM
Subject: Crunched 5000 TX law Question


My claim was denied by Allstate (evidentally I'm at fault because I was
slowing down). I am now going to sue the guy in Small Claims court. I have a
few legal questions that I am having a hard time finding definitons for.

After passing the blue honda (who rear ended me) and an S10 holding up
traffic. I had slowed to take the bend after checking to make sure that
noone was behind me (this road was a two lane turnoff) and possibly make a
left turn at what appeared to be a turn around (later I found out that there
was no turnaround it was a sidewalk). As I was slowing the guy in the Honda
had changed lanes without signaling after passing a speed zone ahead sign
all while crossing a single white line dividing traffic. All this to pass
the S10 that was driving at a much slower pace than myself. The guy in the
Honda the rear ended my Audi. He said that I was going slow then "slammed on
my brakes and stopped".

Here's some more information..

I was not stopped. The accident occured at my vehicle going approx 25-30
MPH. I stopped about 30 feet forward of the impact site with my brakes
locked. The impact didn't set off his airbags so the difference in speed at
the time of impact was less than 10MPH.

The initail Accident report I was given a ticket ofr "Impeding Traffic" and
he was let go. I got a copy of the report and the officer at the scene wrote
down none of my statement taking the other guys side entirely. There we
several errors on the police report (wrong date,Wrong color of the vehicles
etc) so I got the police report amended
to reflect my version of events and the person who rear ended me received a
ticket in the mail.

My ticket will more than likely be dismissed due to the date error.

My insurance adjuster said that his claim against me was denied because
there was evidence of slower traffic ahead (numerous skid marks on the road,
and the speed zone ahead sign).

I figured that there were at least three infractions of the law done by the
person who hit me.

1). Failing to maintane a safe distance from the vehicle in the front.
2) Failing to signal a lane change.
3) Making an unsafe lane change.
4) Possibly making an illegal lane change...

What I would like to know is it illegal to cross a solid white line in the
state of Texas?

Should I take this one in the pants or proceed to small claims court? Total
cost of repairs to the 5000 is approx 2,500 bucks (I could fix myslef for
much less)

Thanks,
Scott