scott_rhino
Junior Member
What is the name of your state?What is the name of your state?Texas
Alrighty, here we go. Some lady, yacking on her cell phone, pulls out from a stop sign and hits my vehicle on the passenger side rear quarter panel and the boat I am towing on the passenger side front. She was driving an Enterprise rental. I took this to her insurance company and they did an estimate on my vehicle and boat which totalled about $2,600. Then they denied my claim because this lady said I pulled into her lane as I passed, crossing a solid white line. My teenage son was with me, so I have a witness. Basically, I was entering a highway from a feeder road from which there was a side street entering with a stop sign at a "T". So the scenario she described is not plausible or possible. Also, I'm an idiot and did not have insurance at the time, so I don't have an insurnace co. helping me. I'm an even bigger idiot because I procrastinated filing a small claim and Enterprise has filed for the damages to their rental vehicle ($1,800), without even asking me what I thought happened. So, I consulted a lawyer and he said to ask for a hearing and challenge Enterprises right to sue me in small claims by a co. rep., not a lawyer and a couple other technicalities. Then ,based on this ruling, go ahead with my case against the lady driving the other car, combining the two cases in one trial. Well, God, I'm an idiot, because I marked my calender wrong and missed the hearing. The judge moved us straight to trial.
Here are my questions:
Did the judge have to consider the issues I requested the hearing for, or could she just move it to trial? Can I request to reschedule the hearing before the trial?
What information can I get from Enterpirse?
Aren't they responsible for proving my fault?
Can I get a copy of the rental agreement? Would it matter if she paid extra for insurance? ie, could Enterprise sell insurance to their customer and still come after me for damages even though their insurance covered it?
Can I ask for their witness testimony or depose their witness?
The only way I know what the lady driving the car said was that she mentioned to me at the accident scene that she thought I crossed the solid white line. I did not respond and walked away from her at that point. I don't know if they think they have a witness or what. Am I entitled to know what Enterprise is basing their case on before we get to the courtroom?
How do I combine this case with my case against the lady driver? Can there be two seperate trials to resolve this?
Can I countersue Enterprise in any way?
BTW, I have photos of the damage to both vehicles and the boat for all that is worth (We were planning on catching a big fish!).
Do I, can I, take my son with me as a witness to court?
All I was doing was driving down the street, taking my teenage son fishing, and look what a bunch of crap I'm into!!!!!
I'd love to find a lawyer that would slam dunk everyone involved, but, it's not enough money involved to get anybody's interest. So, unless you know how I can get rep from a lawyer under these circumstances, please answer these questions and let me know if there is anything else I can do.
Alrighty, here we go. Some lady, yacking on her cell phone, pulls out from a stop sign and hits my vehicle on the passenger side rear quarter panel and the boat I am towing on the passenger side front. She was driving an Enterprise rental. I took this to her insurance company and they did an estimate on my vehicle and boat which totalled about $2,600. Then they denied my claim because this lady said I pulled into her lane as I passed, crossing a solid white line. My teenage son was with me, so I have a witness. Basically, I was entering a highway from a feeder road from which there was a side street entering with a stop sign at a "T". So the scenario she described is not plausible or possible. Also, I'm an idiot and did not have insurance at the time, so I don't have an insurnace co. helping me. I'm an even bigger idiot because I procrastinated filing a small claim and Enterprise has filed for the damages to their rental vehicle ($1,800), without even asking me what I thought happened. So, I consulted a lawyer and he said to ask for a hearing and challenge Enterprises right to sue me in small claims by a co. rep., not a lawyer and a couple other technicalities. Then ,based on this ruling, go ahead with my case against the lady driving the other car, combining the two cases in one trial. Well, God, I'm an idiot, because I marked my calender wrong and missed the hearing. The judge moved us straight to trial.
Here are my questions:
Did the judge have to consider the issues I requested the hearing for, or could she just move it to trial? Can I request to reschedule the hearing before the trial?
What information can I get from Enterpirse?
Aren't they responsible for proving my fault?
Can I get a copy of the rental agreement? Would it matter if she paid extra for insurance? ie, could Enterprise sell insurance to their customer and still come after me for damages even though their insurance covered it?
Can I ask for their witness testimony or depose their witness?
The only way I know what the lady driving the car said was that she mentioned to me at the accident scene that she thought I crossed the solid white line. I did not respond and walked away from her at that point. I don't know if they think they have a witness or what. Am I entitled to know what Enterprise is basing their case on before we get to the courtroom?
How do I combine this case with my case against the lady driver? Can there be two seperate trials to resolve this?
Can I countersue Enterprise in any way?
BTW, I have photos of the damage to both vehicles and the boat for all that is worth (We were planning on catching a big fish!).
Do I, can I, take my son with me as a witness to court?
All I was doing was driving down the street, taking my teenage son fishing, and look what a bunch of crap I'm into!!!!!
I'd love to find a lawyer that would slam dunk everyone involved, but, it's not enough money involved to get anybody's interest. So, unless you know how I can get rep from a lawyer under these circumstances, please answer these questions and let me know if there is anything else I can do.