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recovering lost income and related expenses from accident

  • Thread starter Thread starter Gearjammer
  • Start date Start date

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Gearjammer

Guest
My 18 wheeler was damaged by another trucking copmpany in the state of Texas. the damage to the truck was paid for by the other firm. What is in dispute is the value of my loss other than property damage; ie 16 days of motel bills, car rentals, and actual income lost. They are offering substancially less than what I have document proof of costs. Any suggestions or advice would be gratly appreciated
 


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lars coltrane

Guest
Several ideas come to mind. You may want to hire a lawyer to assist, write a demand letter or give you advise. If the damages are within small claims court, file a small claims complaint and take them to court.
 
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gearjammer

Guest
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
Several ideas come to mind. You may want to hire a lawyer to assist, write a demand letter or give you advise. If the damages are within small claims court, file a small claims complaint and take them to court. <HR></BLOCKQUOTE>
I am unsure how to file a action in small claims court in Texas. One problem is that neither myself nor the other party "resides" in Texas. I should also mention that we are talking a about a small amount of money (my claim of 5000 VS their offer of 2500. Im more annoyed about the fact that the company (third largest truckload carrier in US) simply rolls, literally and figuretivly over the little guy. Their truck disabled mine and I was forced out of business and into a motel for over two weeks. To date I have received no apology, although the do admit liability, or as they say "not denieing liability"
 
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lars coltrane

Guest
Cannot help you on this as I know nothing about Texas.

Sorry that you are being steam rolled. Rest assured that you are not alone. Keep on fighting.
 
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latha

Guest
Not sure exactly how to post a message here. Trust I am not deleting something posted by someone else.

Lars, if you can find out who owns the truck and where the driver or owner lives or is doing business, you could probably file suit in the Small Claims Court in that county or state. The name of the driver and owner and addresses should be included on the police report.

Good luck.

 
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latha

Guest
Not sure exactly how to post a message here. Trust I am not deleting something posted by someone else.

Lars, if you can find out who owns the truck and where the driver or owner lives or is doing business, you could probably file suit in the Small Claims Court in that county or state. The name of the driver and owner and addresses should be included on the police report.

Good luck.

 
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lars coltrane

Guest
I agree in theory, but in practical application, you have to check local rules. Some rules provide that tort actions be filed where they occurred. Thus, the risk is facing a motion to transfer the matter back to Texas. Otherwise, I agree with the idea.
 
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Gearjammer

Guest
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
I agree in theory, but in practical application, you have to check local rules. Some rules provide that tort actions be filed where they occurred. Thus, the risk is facing a motion to transfer the matter back to Texas. Otherwise, I agree with the idea.<HR></BLOCKQUOTE>

 
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