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About Texas insurance - Can I take this matter to court?

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  • About Texas insurance - Can I take this matter to court?

    9-29-2012 I had an accident. I just left home not even a block from my house this woman barrels out of her driveway and hits the front passenger side of my car. She hit me so hard it knocked me from one side of the street to the curb on the other side. It was raining and there was a pick up parked in her driveway between her car and mine so there was no way of me knowing she was there. She admitted it was her fault. Allstate insurance decision on the case was they pay 80% and I'm to pay 20% they are saying because I was negligent for not swerving to miss her...I never saw her until after she hit me. I drive a BMW and it is costing me a fortune for what their insured did to my car. It's been almost 4 months and my car is still no fixed. At the time of accident my license were suspended do I have a leg to stand on if I try to take this matter to court?

  • #2
    re: About Texas insurance - Can I take this matter to court?

    I wish to inform you that you can claim compensation from other driver for causing damage to your car if you can show that other person was at fault. As other person was taking out car from driveway thus you can argue that other person had failed to perform a reasonable duty to see that there is a vehicle coming on road. In this you will have to show her negligence. You can send a demand notice and if other person refuses to pay compensation then a lawsuit can be started.

    AFF

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    • #3
      Re: About Texas insurance - Can I take this matter to court?

      Originally posted by Melanie View Post
      9-29-2012 I had an accident. I just left home not even a block from my house this woman barrels out of her driveway and hits the front passenger side of my car. She hit me so hard it knocked me from one side of the street to the curb on the other side. It was raining and there was a pick up parked in her driveway between her car and mine so there was no way of me knowing she was there. She admitted it was her fault. Allstate insurance decision on the case was they pay 80% and I'm to pay 20% they are saying because I was negligent for not swerving to miss her...I never saw her until after she hit me. I drive a BMW and it is costing me a fortune for what their insured did to my car. It's been almost 4 months and my car is still no fixed. At the time of accident my license were suspended do I have a leg to stand on if I try to take this matter to court?
      Driving with a suspended license gives you little chance of succeeding the way I see it. You had no business being on the street in the first place, probably the reason the insurance company paid only a portion of the claim.

      If it were me, I'd take my financial lumps rather than go to court, stand before a judge and the record shows I was driving with a suspended license. Check your state's laws on the penalties for driving with a suspended license, first, is my suggestion.

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      • #4
        Re: About Texas insurance - Can I take this matter to court?

        You got hit with 20% because you shouldn't have been driving at all, not for failure to take evasive action.

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        • #5
          Re: About Texas insurance - Can I take this matter to court?

          As noted, you are free to go to court and attempt to argue her responsibility. I don't see a judge being very sympathetic. Your BMW would not be wrecked if its owner were more responsible.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

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          • #6
            Re: About Texas insurance - Can I take this matter to court?

            Originally posted by Melanie View Post
            9-29-2012 I had an accident. I just left home not even a block from my house this woman barrels out of her driveway and hits the front passenger side of my car. She hit me so hard it knocked me from one side of the street to the curb on the other side. It was raining and there was a pick up parked in her driveway between her car and mine so there was no way of me knowing she was there. She admitted it was her fault. Allstate insurance decision on the case was they pay 80% and I'm to pay 20% they are saying because I was negligent for not swerving to miss her...I never saw her until after she hit me. I drive a BMW and it is costing me a fortune for what their insured did to my car. It's been almost 4 months and my car is still no fixed. At the time of accident my license were suspended do I have a leg to stand on if I try to take this matter to court?
            "At the time of the accident my license was suspended.." will be the biggest hurdle you will have filing a claim against her. Be grateful her insurance company is paying is my opinion.

            But I would seek the advice of a personal injury attorney who prosecutes auto insurance claim. If you accepted her company's settlement already you may have waived any future claims against the insurance company or her arising from this accident.

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