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12-04-2003, 12:05 AM
| | | | Thread to sue letter What is the name of your state? What is the name of your state? What is the name of your state? TX
I was hit on the back corner of my car from someone who claims they were not at fault, even though it's really on the back of the car where I was hit. Of course her insurance denies liability. My deductible it 500, I can get the thing fixed for close to that.
I am livid over this and want to do whatever stings the most. I have spent way too much time making an excel spreadsheet drawing exactly what happened if anyone is interested. Anyway, would small claims court be a better option than filing on my insurance and letting them go after her insurance? My adjuster says without a shadow of a doubt, if they lost at subrogation, they would take it to arbitration based on the statements of the other driver and myself.
My ex wife always swore I would argue with a brick wall, here is my chance to prove her right. If small claims court is the way to go, can I subpoena her (the other driver, not my ex wife's) statement to her insurance company? She and I have the same story; it simply comes down to what is, and what is not a legal maneuver while making a turn. Not only has she described an illegal maneuver to my adjuster, I called her a week or so ago and recorded her describing the illegal action. Of course I didn't tell her I was recording and that I was very sorry we had an accident and that I hoped she was ok.
Thanks. | 
12-04-2003, 11:53 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,063
| | | I heard of a piece of string that tried to sue the whole alphabet. The letters G and R were found liable and had to pay.
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If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.
No private messages, I do not reply to them.
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12-04-2003, 12:05 PM
| | Member | | Join Date: May 2001 Location: California
Posts: 167
| | | If your insurance company is willing to pursue arbitration, let them. Give them your excel spreadsheet.
You pay a ton of money for your insurance, so you may as well let your insurance company earn it. Let them do the work.
As they handle arbitrations on a daily basis, their chances of winning in arbitration are probably better than your chances of proving your case in small claims court. They will know exactly how to present your case in a way that favors you.
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I am a liability claims adjuster, not an attorney. Any advice I give should be considered informational or educational and not be construed as legal advice. My answers are based only upon my opinion.
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12-04-2003, 12:48 PM
| | | | Thank you, you're probably right. Of the two responses thus far, the one from a liability claims adjuster makes the most sense. Now that I think about it, it's the only one that makes any sense at all.
I wonder if the first chap is a lawyer. Maybe that's why our justice system is where it is today.
Ok, I've changed my opinion about all insurance people. At least one has some common sense. | 
12-04-2003, 12:52 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Wow, it's Frosty the Froman. | 
12-04-2003, 12:59 PM
| | | | I love this place. I'm also a full time lifestyle sub to a professional dominatrix, maybe that's why.
Gotta run, late for therapy. | 
12-04-2003, 01:16 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | So do you have the book "100 Things To Do With Whips And Chains For Dummies?" | 
12-04-2003, 10:35 PM
| | | | Have it? You mean the one by The Sausage King of Chicago, a.k.a., Abraham Froman?
Please see [URL=http://profiles.yahoo.com/sausageking_of_chicago]the author here.[/URL] | |
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