1998 TOYOTA COROLLA-AUTO ACCIDENT-LIABILITY INSURANCE Our
1998 TOYOTA COROLLA-AUTO ACCIDENT-LIABILITY INSURANCEHelloOur 1998 toyota corolla was damaged in an auto accident in Houston Tx.. 01/17/2017.The other driver was ticketed. She drove out of a club parking lot and entered the street without stopping . My son was the other driver and was unable to stop in time due to rain,poor visibility at night while exiting a freeway ramp.It turned out both parties were covered by Farmers. We filed claim vs the other party's insurance. Due to the age our vehicle (1998) and low cash value -about $1200.00 and the cost to repair the damage approx. $2000.00 Farmers decided it was a total loss and offered us $1200.00. This value is based on the visuals only- no consideration was given to the fact the vehicle was in perfect running condition with no mechanical defects and the body was in good condition with some minor cosmetic defects. The vehicle is still in good driving condition as there is no damage to the major operating components -only damage is to the body.We will then have to surrender the title or buy back the vehicle for 400.00- netting us $800.00. No consideration is made for the practical, economic value nor for the hardship and inconvenience caused to us -since its used as a family vehicle.Several things also seem wrong with this picture.-it is not possible to find a similar vehicle for $800.00 or to repair it for 800.00.The fact that we have to hand over the vehile for $800.00 net seem to be a forced sale, a confiscation and condemnation -(govermental powers-without condemnation proceedings), -adding insult to injury- and an evasion of their responsibility to restore us to our prior condition.In other words they are not even repairing the vehicle but forcing a sale to themselves and leaving us vehicleless! How could this be a fair or reasonable settlement?-Isnt it their duty to restore us to our prior condition-by repairing the vehicle regardless of the vehicle market value? - especially since we are filing a claim vs the other party liability insurance for damages, would the customary ACV provision in the other party policy apply to us since we are seeking damages only for the repairs and from her policy not ours? Does her liability also ends at $800.00 or isnt she responsible for the full amount of the damages? And isnt liability insurance premiums based on Risk rather than the depreciating value of a vehicle? Otherwise why do we pay the same or increasing premiums year after on a depreciating ACV?And if we accept the $800.00- and keep the vehicle and repair it for $2000.00-as we are planning to do we will be out $1200.00 -can we sue the other party for damages?And would farmers have to defend the other party? Or does their responsibility ends when they pay us the $800.00.Would this approach work -As for the other party even if we win we may not be able to collect from her but as a strategy we want to know what is the implication for Farmers-and could it possibly move them to pay the full cost of the repairs? If this happens we will not,in our opoinion be profiting in any way from this loss -we will simply be restored to where we were prior to the loss-and this seems to be the only fair way to handle this matter? What do you think?What other recourse do we have or do you recommend? We know this is a lot but we want answers to all the issues above and clarification from an Attorney familiar with Texas liability insurance laws so we can decide what course of action to follow.Let us know if you have any questionsThank youBen.You may contact me atBen email***@******.***
Okay, here goes. My brother knocked me off of his porch
Okay, here goes.My brother knocked me off of his porch during a heated discussion because I walked his dog and took it down to my house for warm broth and an electric blanket. The date was January 6, 2017. The temperature at the time was 14 with a wind chill of 4. I took the dog back to him. He came out of his house and proceeded to scream, yell, and shout within one inch of my face that I had disrespected him and his "property." When I wouldn't back down, it made him even angrier. He put both hands on my shoulders and pushed me off the porch. My head, face, chin, knee, etc. hit the concrete walkway. You see, my brother doesn't want me to walk his dog.The next day I had bruises so bad that it looked as if someone had punched me in the face. I have the pictures. I did not ask for him to be arrested that night. I didn't know what I wanted to do because he is, in fact, my brother. He did not offer to help me up from the ground. He did not apologize. A few weeks later I went to the Sheriff's department to file a complaint. I have heard nothing back. back. I went to two attorneys to try and sue him. They said there was no money in it for them because there was not much in the way of medical bills. However, I am seeing a psychiatrist because of what happened. The hit on the head and the stress have made me lose my short-term memory. I also have present traumatic stress disorder. I can't sleep. I can't eat. I am having terrible emotional outbursts. I was under the impression that a person could sue not only for medical bills, but also for pain and suffering, and punitive damages. Why does no one want to help me? I am a 59- year- old woman. I have never sued anyone in my life or ever had anyone arrested.Does this personal injury not constitute a permanent disability caused by him? What can I do?One problem is that he is a county commissioner, district 3, of Van Buren County in Tennessee. His name is***** and no I'm not kidding. I'm sure you can google it and find him easily. Could you refer me to someone who might care?Thank you.Rita L Montgomery(###) ###-####
In December 2014 an actor doing a play for our then
in December 2014 an actor doing a play for our then unincorporated theater company (just some kids out of school renting a theater) received a concussion injury from the theater we were rentings lighting falling and hitting him on the head. The injured party sought damages from the theater/theater's insurance (at the time we did not have our own volunteer accident insurance but purchased liability insurance through the theater...later learning this may not cover us if the injured party came after us individually). We were not named in the lawsuit so have not really been involved and to protect ourselves from liability have not discussed details with either side. My producer received a call from the injured party's lawyer saying not to be scared of this call, as we were not being sued, but that the case was close to dismissal unless she comes in and signs an affidavit saying that the theater's working environment was unsafe. We want to make sure we are making the best decision legally so as to not to potentially have legal action turned on us as individuals from either the injured party or the theater. Our concern is that while signing such an affidavit would likely help the injured party's case, perhaps the theater would then take legal action against us for signing (I seem to recall a clause in the rental agreement saying we would testify for the theater in legal action if needed), or does not signing open us up to legal action from the injured party? Is not signing it because of potential contractual requirements with the theater in our initial rental agreement the safest way to avoid potential legal action from either side?
I was hit by a 20 year old kid a couple of weeks ago. He
I was hit by a 20 year old kid a couple of weeks ago. He pulled out of a subdivision while I was moving down the road and sideswiped my car. I thought he was calling the police but instead his dad was on the phone. He said his dad wanted to speak to me and asked me not to call the police and that he would take care of the damages financially. I have only plpd insurance, ran around getting estimates, and now he said he will only give me $1000.00. The lowest estimate I have us for $3000.00. can I sue him after getting a police report in small claims court?
I'm a newly Registered Dietitian (soon to be licensed in the
I'm a newly Registered Dietitian (soon to be licensed in the state of Ohio), and I'm looking to offer nutrition counseling services online. I'm planning on partnering with a company that does online fitness coaching for endurance athletes in multiple states. I'll be setting up my own LLC, and they'll refer athletes to me that need nutrition help. I want to make sure I set this up in a way that complies with my professional licensure and protects me legally, so my questions are:1. Will Ohio dietetics licensure cover me when providing nutrition advice to clients in other states?2. Are there any legal pieces you'd suggest having in place (paperwork, agreements with my partner company, etc.)? Would you recommend meeting with a lawyer to set things up? If so, what type of lawyer should I look for? (small business, medical issues, or licensure)
I am an officer with a homeowners' road-maintenance
I am an officer with a homeowners' road-maintenance association. I've been told by insurance agents that we need liability insurance in addition to individual homeowners policies. That is, liability insurance on the private road we all share. Do you agree?
I am an officer of a homeowners' association that deals with
I am an officer of a homeowners' association that deals with maintenance of a private unpaved road shared by all 23 members. We would like to look into the need for liability insurance over and above our personal property insurance. Is this advisable?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: nothing.JA: Anything else you want the lawyer to know before I connect you?Customer: We have been an association since 1979 with no suits.
I was trying to purchase a home and loan fell through. I had
I was trying to purchase a home and loan fell through. I had asked my real estate agent if I will get my earnest deposit back and I was told yes as contingencies not cancelled. I contacted escrow a few weeks later to ask about my deposit and they said seller did not sign to release funds. I then find out that a counter offer stating no closing costs would be paid and loan contingency released after 21 days. The thing is I did not sign this paper. The real estate agent did and obviously she did not know what she was signing as she stated I would get my deposit back. She forged my signature. Is this counter offer valid. Can I go to small claims. Only 2500 but it is the principle.