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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111662
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son was at the beach a little over a week ago and had

Customer Question

my son was at the beach a little over a week ago and had gotten stuck in the sand. another kid in a truck offered to pull him out. the truck hooked up the rope on the rear of his truck and the rear of my sons ford Expedition. there was a failure in communication on both drivers part because as the truck pulled the Expedition out of the sand the truck had abruptly stopped and the Expedition which my son had in neutral didn't stop in time and the vehicle hit each other rear end to rear end. They both exchange insurance information at the seen in which both insurances are with Progressive. the pickup truck driver filed a claim against my policy.The senior claims representative with Progressive got a statement from both parties who both corroborated the same story as to what had happened and the claims rep had said that in fact it was the truck drivers fault because he wasn't licensed and properly trained to tow so the claim was closed on my policy and a new one opened under his policy. After Progressive assested the damage and gotten a quote to repair at their facility they are determining that the expense is at the threshold and the Expedition is at the Salvaged state. Because of this being the case,the originally Senior Claims Rep had to transfer the claim to another department. The new Claims coordinator had sent me over the settlement summary with what they would pay for the vehicle which has 215,000 miles on the odometer. I was satisfied because I explained last June I had replaced the engine with a new one which had less the 10,000 miles on it. She requested a copy of the invoice and said that it may make a difference in the amount and that it may not and she would submit it and find out. this was 2 days ago. This morning the claims rep contacted my son and got another statement or asked question regarding the accident in which he gave the same story. I contacted the claims coordinators supervisor who was familiar with the claim and had said that now the decision might be made that both parties are equally at fault with the majority of the fault placed on my son but this determination hasn't been made final yet. the original claims adjuster at the time said the Laws are pretty cut and dry but he was up in FL. If Progressive turns out to reverse the decision what recourse do I have?
JA: What state is this in? And how old is the car?
Customer: Texas. 2007
JA: Have you talked to a lawyer yet?
Customer: no. I just spoke with the claims adjuster supervisor for the first time this morning who gave me the details.
JA: Anything else you think the lawyer should know?
Customer: not that I can think of
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Quite honestly, I was going to say as I was reading your account of the incident (before I got to your last sentences) that this is a comparative fault issue, whereby both parties are at fault. Your son is at fault for not properly applying the breaks since the vehicle was in neutral and the truck owner was at fault for improperly stopping without warning. Texas recognizes the theory of proportionate liability, which says that each party is to bear their own proportion of the liability for the accident. I did not get why the FL rep would say that truck was the only one at fault for not being licensed to tow, this was not a tow it was pulling someone out of sand and he was not really towing the vehicle and while you may like what he said, legally speaking from your description both parties seem at fault in this accident.

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