Accident with Sheriff please advise

[Jamesp215]

What is the name of your state? Texas

Hello guys,

I was in an accident with a Sheriff in Williamson County, in Texas a couple of months ago. My insurance company basically told me they thought it was his fault but since it was a cop they didn't want to purse it, and put me at fault.

Here is what happened:

The cop hit me at an intersection with a light that I was stopped at taking a left turn. He was going easily 65 mpg in a 30 mph speed limit zone. He tried to cut through the intersection by going on my left, which was the oncoming traffic lane, right as I was turning. I was probably 2 feet into the oncoming traffic lane when I heard him. I tried to stop but it happened so fast he hit me. He proceeded to bounce off of me, take down a light pole, and then continue on to smash into a huge oak tree. His car is totaled and it was on a University Campus. Thankfully no students were on the corner at the time it happened or they would have been instantly killed. This was around 3pm in the afternoon and there were many people walking around etc.

I was told by a gentleman who works for the City of Georgetown, that he makes the safety tapes the cops have to watch, and he told me that what this cop did goes against their internal policy rules, that when crossing an intersection the cop car is supposed to slow down which this guy definitely didn't.

When his buddies came out they were trying to find a reason it was my fault and put on the report that my music must have been to loud which is why I didn't see or hear him. I have a witness to the accident that is a business owner nearby who said he believes it was the cops fault.

Since my insurance company isn't pursuing any sort of action I am out of luck with them. My questions are as follows.

1) In your opinions what are the chances of me getting a settlement to cover my expenses for rental cars, deductibles, and time lost etc.

2) Is small claims court my best option or should I look into getting a lawyer to take my case for me?

Thanks in advance and please let me know if you need clarification on anything.

James

[seniorjudge]

Originally Posted by Jamesp215

What is the name of your state? Texas

Hello guys,

I was in an accident with a Sheriff in Williamson County, in Texas a couple of months ago. My insurance company basically told me they thought it was his fault but since it was a cop they didn't want to purse it, and put me at fault.

Here is what happened:

The cop hit me at an intersection with a light that I was stopped at taking a left turn. He was going easily 65 mpg in a 30 mph speed limit zone. He tried to cut through the intersection by going on my left, which was the oncoming traffic lane, right as I was turning. I was probably 2 feet into the oncoming traffic lane when I heard him. I tried to stop but it happened so fast he hit me. He proceeded to bounce off of me, take down a light pole, and then continue on to smash into a huge oak tree. His car is totaled and it was on a University Campus. Thankfully no students were on the corner at the time it happened or they would have been instantly killed. This was around 3pm in the afternoon and there were many people walking around etc.

I was told by a gentleman who works for the City of Georgetown, that he makes the safety tapes the cops have to watch, and he told me that what this cop did goes against their internal policy rules, that when crossing an intersection the cop car is supposed to slow down which this guy definitely didn't.

When his buddies came out they were trying to find a reason it was my fault and put on the report that my music must have been to loud which is why I didn't see or hear him. I have a witness to the accident that is a business owner nearby who said he believes it was the cops fault.

Since my insurance company isn't pursuing any sort of action I am out of luck with them. My questions are as follows.

1) In your opinions what are the chances of me getting a settlement to cover my expenses for rental cars, deductibles, and time lost etc.

2) Is small claims court my best option or should I look into getting a lawyer to take my case for me?

Thanks in advance and please let me know if you need clarification on anything.

James

1) In your opinions what are the chances of me getting a settlement to cover my expenses for rental cars, deductibles, and time lost etc.

A: About 50-50, more or less.


2) Is small claims court my best option or should I look into getting a lawyer to take my case for me?

A: Yes.

[JETX]

Originally Posted by Jamesp215

1) In your opinions what are the chances of me getting a settlement to cover my expenses for rental cars, deductibles, and time lost etc.

Zero.
The problem is.... your post says NOTHING about what you might have tried to do to lead to a settlement. Unless YOU do something, it is unlikely that anyone will come forward and offer you anything.

Is small claims court my best option or should I look into getting a lawyer to take my case for me?

You absolutely need an attorney. In addition to your own insurance company's statement of your liability to overcome, there are all kinds of issues of 'government immunity', etc. that fall into play that make a pro se action inadvisable.

[Zigner]

Originally Posted by JETX

Zero.
The problem is.... your post says NOTHING about what you might have tried to do to lead to a settlement. Unless YOU do something, it is unlikely that anyone will come forward and offer you anything.


You absolutely need an attorney. In addition to your own insurance company's statement of your liability to overcome, there are all kinds of issues of 'government immunity', etc. that fall into play that make a pro se action inadvisable.

And do it SOON - as in NOW (ok, 8 am Monday morning). I hope that your "couple of months ago" isn't past the time limit you have for making a claim against the city/county!

[stephenk]

"My insurance company basically told me they thought it was his fault but since it was a cop they didn't want to purse it, and put me at fault."

That was the explanation in your fault assessment letter from your carrier?

[Jamesp215]

Originally Posted by Zigner

And do it SOON - as in NOW (ok, 8 am Monday morning). I hope that your "couple of months ago" isn't past the time limit you have for making a claim against the city/county!

Well before I hired an attorney I wanted to get you all's opinion on my chances of getting a settlement with an attorney. In your opinion how are my chances?

Thanks,

[Jamesp215]

Originally Posted by stephenk

"My insurance company basically told me they thought it was his fault but since it was a cop they didn't want to purse it, and put me at fault."

That was the explanation in your fault assessment letter from your carrier?

That was the verbal assessment from the AIG auto insurance claims rep. I have received nothing from them in writing and thus far have been utterly disappointed with the service given to me by AIG on this.

[JETX]

Originally Posted by Jamesp215

Well before I hired an attorney I wanted to get you all's opinion on my chances of getting a settlement with an attorney. In your opinion how are my chances?

Somewhere between zero, nada, zilch and none.

Since my insurance company isn't pursuing any sort of action I am out of luck with them.

Bottom line... your complaint is with YOUR insurance company's failure to provide coverage (if your version is at all accurate).
Where is your agent in all of this?? Did you get a statement from your insurance in WRITING??

[Jamesp215]

Originally Posted by JETX

Somewhere between zero, nada, zilch and none.


Bottom line... your complaint is with YOUR insurance company's failure to provide coverage (if your version is at all accurate).
Where is your agent in all of this?? Did you get a statement from your insurance in WRITING??

Well perhaps I didn't make this clear before. My insurance is covering the accidents costs. However, I have had to pay my deductable of 1k as well as the rental car costs of roughly $500. I didn't feel I should have to pay anything since he hit me for the reasons listed above.

[JETX]

Originally Posted by Jamesp215

Well perhaps I didn't make this clear before. My insurance is covering the accidents costs. However, I have had to pay my deductable of 1k as well as the rental car costs of roughly $500. I didn't feel I should have to pay anything since he hit me for the reasons listed above.

Then take your explanation to a local attorney. The issues of government immunity, etc. preclude your limited legal knowledge of taking this matter to court on your own.