Crunched 5000 TX law Question

[Dave Glubrecht]

You don't have to sue the insurance co. If you win the suit against the
other guy, they will pay.
The Insurance company was going under the officers report that you had
slowed and caused the accident.  Sounds like the other guy claimed you
swerved in front of him and slammed the brakes, causing an accident.  In
this situation they would not have to pay.  Even tho you were rearended.

 Dave G





> 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
>
>
>