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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4007
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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On March 7 a woman turned left striking my car in the middle

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On March 7 a woman turned left striking my car in the middle of the intersection. It happened 40 minutes before sunset. We both got to the intersection at the same time. No blinkers were seen. We both proceeded forward when BAM she turn left into my car. It is not totaled. It took the police almost 3 hours to get work the crash. The 80 year old woman who struck me clearly did not see me in the intersection. She told the officer that I ran the stop sign. So, no tickets were given to either.
The next day her insurance called to settle. The assessed my car and it is totaled due to the age of the car at 2450 dollars was the pay out to me. But when the insurance company got the police report and saw no ticket was given they refused to pay. Saying it was both our faults.
The Texas law clearly states when 2 cars are in the intersection at the same time the car not turning has the right of way. There are no scratches on my car showing I did not speed through the intersection. I filed a small claims on her.
After filing I started getting letters from Allstate attorney. She stated that the defendant "prays" all I receive is peace.
We finally got a court date. Now I am getting all kinds of stuff wanting information about my employment for the last 10 years, have I had any surgeries over the last 10 years, have I had or any family member had wrecks and when and on and on.
What should I do? I just want the law to stand and she should not have turned into my car. My dear sweet car that I purchased and babied since it sat brand new on the showroom floor. I am out a car and need the money to help get a replacement.

Am I going to lose because I cannot afford an attorney?
Submitted: 11 months ago.
Category: Legal
Expert:  Zachary replied 11 months ago.
Hi,

My name is XXXXX XXXXX I will answer your legal question.

In your lawsuit, did you claim any physical injuries or loss of income due to the wreck?
Customer: replied 11 months ago.

no. it is only for the price of the car. I got the amount I am asking for because that is what Allstate, their insurance, originally offered.

Expert:  Zachary replied 11 months ago.
The documents and requests that have been sent to you are what is called "discovery", which is allowed under law in Texas. You are required to send some sort of response to their requests, or you could be held in contempt of court.

So, what you need to do is send back a response which addresses each request separately. On any request which does not have to do with the value of your car or the way that the wreck happened, you should write the following response:

"Objection. Plaintiff objects to the foregoing discovery response on the grounds that it seeks irrelevant information and material outside the scope of discovery in this lawsuit."

You would send this back to them in a written document which you sign at the bottom and looks like the following example: http://unixguru.com/filings/interrog_EB_1_respons.html

If they have sent you a document called "interrogatories", you also need to sign a verification and attach it to them, and sign it in front of a notary.

A verification is a document that you attach to the last page of your interrogatory answers which says:

I,____________, verify that the Answers to Defendants Interrogatories are true and correct and within my personal knowledge."

_________________
Your signature


Notary signature

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Customer: replied 11 months ago.

Thank you. That is very helpful. I am heavily relying on the law as stated in the Texas Drivers Handbook. She claims the stop sign was run. Which I claim it was not. So, it is a she said she said situation. I know it wasn't but after sitting and waiting for almost 3 hours for an officer her husband called a detective friend to come down to the site. After the detective got there and he called it in an officer showed up within 3 minutes. The detective shared a few words with the officer and then he worked the site. No tickets were given and my car was able to be driven home by climbing through the passenger side.


my concern is she has a detective who swayed an officer not to give a ticket to her. Should that be a concern to me?

Expert:  Zachary replied 11 months ago.
Not really. While the other party getting a ticket helps in a car wreck case, it is not necessary. In fact, most car wreck cases don't have a ticket being issued.

You need to think of it differently. The question in this case is whether she was negligent. Even if you allegedly ran a stop sign, would a reasonable person in her shoes have avoided the wreck? Did she fail to keep a proper lookout, etc.

Did she have a stop sign too?

When was the first time you saw her?

Describe the accident to me in more detail.
Customer: replied 11 months ago.

It was about an 40 minutes prior to sunset. Both cars had to look into the sun in the west to check for traffic. Roads were clear, no weather conditions present.


my car was Traveling north on Cherokee and arrived at the intersection of Cherokee and Prairie. Stopped at the stop sign and saw oncoming red vehicle (south bound). The red vehicle stopped next, no signal was noted. Both vehicles proceeded forward. Both vehicles were in the center of the intersection at the same time when the red vehicle driven by Mrs. Basinger made a LEFT turn to go EAST on Prairie. That is when Mrs. Basinger hit my car.


My car came to a complete stop was made. Day runner lights were on. Checked for east and west bound traffic on Prairie and none was observed. Only car observed was oncoming red car. No left hand turn signal was seen.


My car is light to medium gray. The dayrunners are always on because it is difficult to see me. I truly believe her when she said she did not see the car in the intersection when she turned. Especially after she and her 80 year old eyes looked into the sun to check for cross traffic.

Expert:  Zachary replied 11 months ago.
Well, there are several things in your favor here. Yes, it is your word against hers that you did not run the stop sign. However, the fact remains that she turned into you. She hit you, which implies in this situation that she could have stopped.

You need to bring out the fact that she is old. You need to question her regarding her vision and ask her how many wrecks she has been in. And finally, you need to ask her whether she applied her brakes at all and ask her why she did not see you.

Seems like a good case for you. Object to her questions that are not about your vehicle damage.

You also need to get an estimate from a garage about how much it will cost to repair. You should also then add in the cost of a rental car, if you are having to rent one.
Zachary, Attorney
Category: Legal
Satisfied Customers: 4007
Experience: Lead trial/International commercial attorney licensed 11 yrs
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