CAR ACCIDENT TEXAS

(Long Story)who is to blame(texas car accident)?

admin — Sun, 17 Jan 2010 19:36:15 +0000

I was driving on the lane next to the exit ramp lane. I checked if any one was in the exit ramp lane and no one was in it only a car behind me. so I turn my signal light on and start to turn and when I am almost completely in the exit ramp my mother and my brother yell "watch out" and out of the corner of my eye I see a car coming from behind and speeding pass me from the right side and he managed to hit me on my right front panel just infront of the tire. he must of thought he had passed me and turn left to get back into the lane. When we parked our cars we met each other and he said " I am sorry bro I saw you but I thought I could make it" but then when the cops came he changed his story. He says that he had turned to the exit ramp and passed me then I turned then hit him. Think about this if he was in back of me, how in the world was he able the pass me with out speeding because the speed limit of the main lane is 60mph and the exit ramps is 50mph. I was going about 58-60mph before turning to the exit ramp so if he says he had passed me how can he explain appearing in front of me with out speeding remember he was in back of me and if he turned to the exit ramp he had to have started to reduce his speed. Still the cops gave me a ticket for an unsafe lane change and he gave the other driver a ticket for not having a license and it was not suspended or expired nor revoked he just had never taken the test before. I want to add for your better understandment that my car was insured but I was not covered by it. and he also did not have insurance. I also understand how it appeard to the police they did not see the crash so when they arrived all they saw was where the damage was and said that I was at fault. given what I just explained do I have a reasonable case to fight? The other driver either saw my signal but thought he could make it or was not paying attention and managed to get away with it becuase he had spead up and he managed to hit me from the front side yet LOOKED like I hit him.

also he said that he had passed me but that is not true because I would have heard and seen him passing and this is why… he had one of those annoying mufflers that people put on fast Streetcars sort of like "the fast and the furious" so I would have heard him because they attract your attention and plus my car does not have A/C so I had the windows down so I would have heard him even better also my mother and my brother would have seen him too…he was behind me when I was turning and I was already on the exit ramp when we crashed.
.
Plus the metal from my bumper where we crashed has the metal tearing towards the front of my car, not dented inward, this proves that he passed me and when he hit my right panel his car riped my bumpers metal outward toward the front so if he says that i hit him, the metal would have been dented inward instead of outward right?
ALSo can an officer give me that unsafe lane change ticket even though he did not witness the supposed violation???????????
.
he was also exiting the highway and yes he did admit(TO the Cops) that he was in back of me and turned towards the exit ramp but it had to be done illegaly though right.
CAN I win this in court?????????????
Civil court that is….

he wasn’t already in the lane as I started to turned. he had stayed in the main lane while I was turning and I stopped chenking for cars because I was in the lane already when he came from behind me and passed me and managed to hit me.

the reason my mother and brother yelled "watch out" was because they are the ones that saw and heard him going pass me first, not because he was already next to me and I was going to hit him.
The state of texas has a proportional fault claim that says that if a driver get 51% or more of liability he cannot make a claim. He was the one that caused the crash since he was not giong at a safe speed and should have not made that move, so if he had gone the speed limit the crash would have never happened. making him 51%or more at fault right?
SO do I have a Chance or what…..
Your answer will be greatly appriciated.

the grouch, I recommend you find a local auto insurance agent to assist you. Since I live in Rhode Island I can’t recommend anyone in Texas, but here is an resource that can help you. http://www.multipleautoinsurancequotes.com/Texas-Car-Insurance-Quotes.html

Good Luck.

drunk driving..?

admin — Sun, 17 Jan 2010 19:36:10 +0000

I believe that people should not drink and drive… jus recently a student from my school died in a drunk driving accident. A few years ago i thought that i couldn’t do anything.. that kids had no control over something like this, an that we could do nuttin to prevent it. However, i decided that enough is enough. We teens can do something about this an i want to. However i can’t seem to find a program about drunk driver for me to join in West Warwick, RI. I am sixteen by the wayy. An i know this may sound crazy but i am DEATHLY afraid of Car Accidents.. The site of a recked up car makes me sick, an i hav nitemares.. but i am willing to deal with those symptoms if i can do anything to help decrease the death rate in drunk driving. So if anybody knows any programs for sixteen year olds in west warwick, RI i would appreciate it.

try S.A.D.D (Students Against Drunk Driving) s.a.d.d.org
if there is not one in your area, this will give you the information you need to help you start one.
I’m proud of you for wanting to make a stand. Don’t live in fear, put your trust in Jesus Christ and Good luck getting this off the ground!

Girlfriend was in a Car accident, Lawyer question?

admin — Sun, 17 Jan 2010 19:36:04 +0000

My gf was in a car accident few days ago .
The car bumper was hit by a guy who was driving without a license.
It wasn’t too bad. But the bumper must be replaced and the insurance company should pay for the medical bills .

My question is this. I have "never" been in such a situation before , there fore I have some questions… because she doesn’t seem to know what to do either . She made some mistakes. She already contacted a lawyer , which she thought was the right move.
But i don’t think it was needed because this just happened a few days ago ,Aren’t lawyers needed when things get out of hand or when – they refuse to pay?

In regards to payment.
2 questions –
1) How should I approach the other company (All State ) in regards to payment.
The car was insured under some other person. Isn’t the guy who drove the car while the accident occured still responsible to pay her? ( i am worried , if allstate is making her run around and finally say – oh, we are not responsible !, the guy who drove doesn’t have all states, SORRY! )Another thing – They were forcing her to go to their own shop to get an estimate for bumper repair, does she "have to"? She wants "honda" to fix it and therefore go there to get an estimate, which i think she did. How much of this does she have to comply with AllState.?

2)
In regards to medical bill , how does this work ? Isn’t the doctors bills, any medication , and physical therapy all covered by the other person? If so what if it’s an ongoing procedure like, a physical therapy session for 8 months . What is the procedure for this ? Should she just fax all the bills to All State or wait till everything’s over and then fax everything- Estimate ( for bumper) and Doctors bill to them?

p.s: The lawyer told her to go to that doctor, I know how cunning these lawyers are . I want this to be done without any lawyer present as smooth as it’s possible. I am just worried if she’s going to get into any kind of trap. Please help.

Your girlfriends car can be repaired at the shop of her choice. She is not required to get an estimate from Allstate’s shop. So…go to Honda and get an estimate. Then go to 1 or 2 other shops of her choice and get an estimate. Send copies of all 3 into Allstate.

Have your girlfriend tell Allstate that if they do not want to accept her estimates then they can send an appraiser out to look at her car. If they do this – Allstate will write their own estimate and pay per it. Then your girlfriend takes Allstate’s estimate to the shop of her choice and gives it to them. If the body shop has a problem with Allstate’s estimate then they will call the appraiser and the shop and the appraiser will work it out.

If Allstate says they will only accept an estimate from their shop (probably Sterling) – then file a complaint with your states insurance department.

As far as the medical goes…Allstate will not pay medical bills as they are incurred. Once your girlfriend has been released from the Dr and is feeling better – then Allstate will have her sign a medical authorization that lets them get copies of her medical bills/records.

Allstate will then order the bills/reports. Once that information comes in (and it could easily take 6-8 weeks or longer to get it all) Allstate will evaluate it and make an offer to settle the bodily injury claim.

The claim for the property damage and injury do NOT have to be settled at the same time. So there is no reason not to go ahead and get the car fixed. That way…that part is done with. Then address the injury claim once she’s feeling better.

If your girlfriend has questions – a great source of information is her insurance agent. She can also report the claim to her insurance company "for information only". That way – her company will assign an adjuster and if she has any questions she will have the name and number of an adjuster with her company that she can call and ask.

However, if she has hired the attorney – retained him – then neither Allstate nor her own company can talk with her with out the attorney’s permission.

Tenant in a Auto Accident, why owner responsible for tenant to drive?

admin — Sun, 17 Jan 2010 19:35:59 +0000

I have a tenant renting my condominium that has home owners association and one of my tenant was involved in a Auto Accident in the complex area. Home owner’s association says ‘as a owner liability for the damage that costed an auto accident of my tenant was at faul, does that make sense? I told them I cannot insure anyone of my tenant to drive and by state they have to go after the driver’s insurance, How can they come after the owner? Can somebody have a suggestion?

You should read your condo papers and insurance papers. I live in a small apartment building (not a condo) but the lease clearly says that the person who’s name is on the lease is responsible for anything that happens to himself, his guests and visitors, or anyone that sublets (even though we aren’t allowed to sublet) inside the building and outside on the property. That includes if you are burglarized. So the landlord suggests getting renters insurance and whatever other. There is also a hold harmless clause that says the landlord will be held harmless if anything happens. If you don’t see anything about the owner of the condo holding full responsiblity for his renters and what problems his renters do, you can ask the condo managers and insurance company for the paperwork that states it is your responsibility (you may have to pay for them, they usually don’t give anything away for free). And keep in mind that insurnace companies always try to first see if they can scare someone else into paying for things before they finally accept their own responsibility.

Does my family have to file seperate claims for an accident or can we file as a family?

admin — Sun, 17 Jan 2010 19:35:54 +0000

My family and I (husband & 3 kids) were in a car accident in August of 2006. I was the only one hurt in the collision and have had a hard time witth the driver-at-fault car insurance company.

Should I file a claim for all 5 of us or do we file seperate.

I am not trying to scam these people, but we lost a snake, suitcases, baby stroller, $7300 in damages to my truck (they only paid $5200 for damages, I had to pay for my rental car for almost $600. AND i lost out on almost $1700 in lost wages, plus they took the rental car before our truck was out of the shop so my kids couldn’t go to school and letter was sent to me informing me they were going to refer me to Social Services and Juevinile Probation!

It has been almost a year and then they told me to send them my medical records……I thought that was something they had to request and pay for?

I sent them a settlement demand letter today requesting they settle for $18,000 for all 5 of us…………Too much?

It’s 1 claim with 5 possible exposures but in reality only 2…1 for the injury and 1 for the property damage. If your husband and kids are not injured, there is NO CLAIM–what damages have they suffered that would allow them compensation under the law? Inconvience? Sorry, that’s not a compensable ‘damage’ nor does it meet he definition.

If your damages are $7300 how did they only pay $5200? Did you go thru your insurance company or theirs? If they really did send you a letter about turning you into CPS—WOW, but I have a hard time believing that.

As for your records unless you gave them a signed medical authorization YOU have to get everything and forward it.

$18,000….without knowing what your injury is, can’t tell ya.

What internet site could I look up car crashes in the illinois paper or Mizzouri newspaper?

admin — Sun, 17 Jan 2010 19:35:15 +0000

like Car Crashes that happen in illinois or Mizzouri in the news paper, doing this for a project in Auto Safety

you can find the website on Google.

who is to blame in texas car accident?

admin — Thu, 14 Jan 2010 06:39:35 +0000

I was driving on the lane next to the exit ramp lane. I checked if any one was in the exit ramp lane and no one was in it only a car behind me. so I turn my signal light on and start to turn and when I am about more than half the lane in both my mother and my brother yell "watch out" and out of the corner of my eye I see a car speeding pass me and he managed to clip me on my right front panel just infront of the tire left rear side. When we parked our cars we met each other and he said " I am sorry bro I saw you signal but I thought I could make it" but then when the cops came he changed his story. He says that he had turned to the exit ramp and passed me then I turned then hit him. Think about this if he was in back of me, how in the world was he able the pass me with out speeding because the speed limit of the main lane is 60mph and the exit ramps is 50mph. I was going about 60mph before turning to the exit ramp so if he says he had passed me how can he explain appearing in front of me with out speeding remember he was in back of me and if he turned to the exit ramp he had to have started to reduce his speed. Still the cops gave me a ticket for an unsafe lane change and he gave the other driver a ticket for not having a license and it was not suspended or expired nor revoked he just had never taken the test before. I want to add for your better understandment that my car was insured but I was not covered by it. and he also did not have insurance. I also understand how it appeard to the police the did not see the crash so when they arrived all they saw was where the damage was and said that I was at fault. given what I just explained do I have a reasonable case to fight? The other driver either saw my signal but thought he could make it or was not paying attention and managed to get away with it becuase had spead up and I manage to hit him from the rear side????

also he said that he had passed me but that is not true because I would have heard and seen him passing and this is why… he had one of those annoying mufflers that people put on fast Streetcars sort of like "the fast and the furious" so I would have heard him because they attract your attention and plus my car does not have A/C so I had the windows down so I would have heard him even better also my mother and my brother would have seen him too…he was behind me when I was turning and I was already on the exit ramp when we crashed.
.
Plus the metal from my bumper where we crashed has the metal tearing towards the front of my car not dented inward, this proves that he passed me and when he hit my right panel his car riped my bumpers metal outward toward the front so if he says that i hit him, the metal would have been dented inward instead of outward right?
ALSo can an officer give me that unsafe lane change ticket even though he did not witness the supposed violation???????????
.
he was also exiting the highway and yes he did admit(TO the Cops) that he was in back of me and turned towards the exit ramp but it had to be done illegaly though right.
CAN I win this in court?
Civil court that is….

the reason my mother and brother yelled watch out was because they are the ones that heard him going pass me not because he was next to me and I was going to hit him.
The state of texas has a proportional fault claim that says even IF I turned to him he was the one that caused the crash since he was not giong at a safe speed so if he was going the speed limit the crash would have never happened. making him 51%or more at fault right?

I’d say you could fight it in Court. TAKE PICTURES OF THE DAMAGE. You should have already but you better do it now. You will need pictures of the damage to your car in Court. Also don’t get it fixed if you don’t have to before going to Court. That way you can show the pictures are accurate. From how you describe it HE hit YOU and the damage shows it. Oh and the Judge will be leaning more toward you since he was driving without EVER getting a license. He has never proven he knows how to drive, which looks worse then an irresponsible driver(one who lost their license) who proved they could drive. Make sure you are very respectful of the Judge in a Civil Court though.

Poll: How may people do you know who have had their lives affected by drunk driving accidents?

admin — Thu, 14 Jan 2010 06:39:32 +0000

2 maybe.

Car Accident, do I need a lawyer to get my pain and suffering?

admin — Thu, 14 Jan 2010 06:39:28 +0000

I got badly hurt in car accident; I have been to physical therapy for over a year!! I’m still in lot of pain and have trouble walking.
How long dose it take to get back to normal?
How do I handle pain suffering settlement?
What is fair to ask for, based on the fact it is 100% the other person fualt and I have had to go to miss ove 1000 hour of work and go painfull re-hap for a year. Moreover still have trouble walking??

What should I be doing to get well?
My Doc seams to be doing nothing?
I need to find a better Lawyer and doc in OC, CA,

Please give any suggestions you might have ASAP!

You might try a differant type of doctor, if physical therapy is not working. I work for a chiropractor and sometimes they can help depending on your injuries. It is important to find a good one, though. A lawyer is a good idea, if you have a lot of medical bills because insurance agents like to pay as little as possible, but lawyers will go after as much as they can get for your pain and suffering and medical bills.

I am not from your area, so I wouldn’t know who to refer you to. In my experiance, it usually takes anywhere from 3-6 months to recover, depending on your injuries. But no one usually is 100% of what they were before the accident.

What happens if you fire your attorney in an auto accident case?

admin — Thu, 14 Jan 2010 06:39:24 +0000

I have a really bad attorney representing me for an Auto Accident claim. What happens if my husband and I fire him? What happens to our money?

If you paid him a retainer, you would lose that retainer. If he took the case on a contingency, You should read the agreement you most certainly signed when you hired him. You may owe him anyway if you fire him.