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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1918
Experience:  10 years practicing IP law and general litigation
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My truck was behind a 18 wheeler carring gravel rocks and one

Customer Question

My truck was behind a 18 wheeler carring gravel rocks and one broke my windshield. We pulled over the 18 wheeler and called the Austin, Texas police. Now the Progressive insurance that he carried is saying since all 3 adults in my truck were related then that can't be used as witnesses. We don't believe this and the Progressive Insurance will not give the so called law number to us on this. What can we do to get our windshield replaced. We took photos of the back showing that no tarp was strapped down over the tail end of the truck.
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.

I hope this message finds you well, present circumstances excluded. There is no law which would preclude relatives from being co-witnesses to an event or testifying on one another's behalf. A law such as that would violate the equal protection clause of the Constitution, among other things. As long as all of the witnesses are willing to sign affidavits, or sworn statements, as to what they saw or what happened, then Progressive has not legal leg to stand on in this instance.

 

Progressive is banking on the fact that they believe you will not take them to court if they deny the claim. You can take them to court and use the same sworn statements, police reports and photographs to get payment for the windshield and even court costs and related damages.

 

Do not relent in this endeavor. If they continue to deny the claim, tell them you want the relatives excuse in writing. In any event, file this in small claims court in the county in which it occurred against both Progressive and the trucking company.

 

In summary, there is no law like that which Progressive is attempting to cite against your case as long as they are willing to be sworn witnesses to the facts surrounding the event.

 

Let me know if you have any other questions or comments.

 

Best wishes going forward!

Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1918
Experience: 10 years practicing IP law and general litigation
Timothy D. Smith and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

do you know anything about collecting on a debt established by a conditional acceptance for value by affidavit and perfected through the filing of a UCC-1 financing statement.


 

Customer: replied 1 year ago.

Thank you, thank you! After the local office were rude and refused me service, I wrote the CEO of the Progressive Insurance with the problem stating what you said and that I would take him to court if I didn't get a new windshield. A week later the main branch office called me back and told me to put in the windshield at their cost!! As we say in Texas, they were so sweet that butter wouldn't melt in their mouth. Why is it that you have to beg someone to do their job right? Have a good day.

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