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Seeing a lawyer; anyone know vehicle accident laws?

Discussion in 'BBS Hangout' started by ROXTXIA, May 7, 2014.

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  1. ROXTXIA

    ROXTXIA Member

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    I'll be meeting with a lawyer later today to discuss whether or not I have a case (wish he'd just tell me over the phone, but you know how it is; face-to-face they can talk you into obtaining their services if the outcome is 50-50).

    Anyone here familiar with vehicle accident traffic law?

    I have a sinking feeling on this one. Like when a dog bit me but the owner didn't have to pay emergency room bills to treat the bite (the bill took much more of a bite than that dog) because in the state of Texas it supposedly isn't listed as a vicious breed etc etc.

    So:

    Whaddya think?

    Beltway 8. Northbound. Truck to my left and slightly ahead of me swerves violently into my lane, of course without signaling.

    To avoid the collision (I had a Toyota, she had a Dodge Ram) I reacted, swerving right. But at highway speeds I was already having to hit the brakes and we (wife and I in the car) hit traffic barrels in the exit lane and flipped. Luckily I only suffered a small fracture and my wife had bruising but that went away soon.

    The other driver did admit to changing lanes but heard my car tires screech and so quickly swerved back to her original lane. But, as Bon Jovi would say, "No one can save you, the damage is done".

    I have an eyewitness that would say (if I have a case; we'll see) he saw the whole thing, she swerved all over the road and caused the accident; she didn't signal; she was on her cell phone.

    Geico gave me a nice amount for my car and they're going after her rinky-dink joke of an insurance company to reclaim the amount of the car, BUT the rinky-dink insurance company of hers sure never calls ME back.

    NOW....

    Given all that, anyone know if ANY of this will make a difference? Or is there a, "She didn't hit you, even if she caused all this, life isn't always fair, it can suck sometimes so be glad you weren't hurt worse and get on with your life" note to all this?

    Am I just gonna be out of pocket for a week of work, emergency room and ambulance costs (I hadn't yet met my deductible for Blue Crooks and Blue Shield of Texas)?
     
    #1 ROXTXIA, May 7, 2014
  2. SwoLy-D

    SwoLy-D Member

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    [thread=251837]I thought we already discussed this[/thread]. :confused: DaF**?

    A case of WHAT, exactly? What or whom are you suing and for what?

    Both insurances should be talking to each other and the other insurance should NOT be contacting you about it, only your insurance.
     
    #2 SwoLy-D, May 7, 2014
  3. Nero

    Nero Member

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    If the lawyer thinks he has a case, he will take it and proceed. If you have a reliable, unimpeachable eyewitness who can state unequivocably that this woman caused your accident, then the lawyer will probably take your case and try to settle, the max is around 50k and below where ins companies will just settle rather than fight it - the key is that you were both injured. If it was just property damage, the lawyer wouldn't bother, because they don't make any money - but they get 33% of your personal injury settlement.
     
    #3 Nero, May 7, 2014
  4. JuanValdez

    JuanValdez Member

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    You've been given an insurance settlement for your car (and maybe for medical???). Because it was your own insurance company that paid it out, I assume Geico is pursuing this to make themselves whole (and you might have paid an uninsured driver deductible that will be refunded to if Geico is able to collect from the other insurance company). So, I'm not sure what claim you have remaining for a court to decide. Was the settlement from Geico insufficient to pay for the costs you incurred?
     
    #4 JuanValdez, May 7, 2014
  5. Dgn1

    Dgn1 Member

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    Again, stop discussing it on an open forum and get a good lawyer. Your going to hurt your case dragging your feet.
     
    #5 Dgn1, May 7, 2014
  6. ROXTXIA

    ROXTXIA Member

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    There was some question for me as to whether her insurance company was supposed to pay certain things. Geico kinda confused me. Hence some "foot-dragging".

    Anyway, meeting with the lawyer today @ 4:00.
     
    #6 ROXTXIA, May 7, 2014
  7. bejezuz

    bejezuz Member

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    Does a doctor treat patients over the phone? If it's worth his time to meet with you, it's worth your time to come in.
     
    #7 bejezuz, May 7, 2014
  8. SwoLy-D

    SwoLy-D Member

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    Countdown begins!

    This is so exciting. Sort of like the Texans' first pick this year... the tension mounts! Come on, 4 o'clock! :eek:
     
    #8 SwoLy-D, May 7, 2014
  9. TheMystery008

    TheMystery008 Member

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    How's the meeting?
     
    #9 TheMystery008, May 7, 2014
  10. SwoLy-D

    SwoLy-D Member

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    Anyone have any link to the live footage? I'll REP! :cool:
     
    #10 SwoLy-D, May 7, 2014
  11. Dgn1

    Dgn1 Member

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    #11 Dgn1, May 7, 2014
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