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I am from texas and was i was hit by two ladies with no ID…

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I am from texas...

I am from texas and was i was hit by two ladies with no ID or drivers license I was given a ticket but after taking our proof to the Judge the ticket was dismissed, the problem is that my truck was hit so hard the frame was bent and i send my truck to a repair shop in Pharr Tx DO

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

I send my truck to DOW to do repairs, but one of Geicos adjusters has a small office there and told them to send my truck to Mission texas because Geico had two frame repair shops in Mission TX and my frame was bent bad.

Lawyer's Assistant: Has anything been filed or reported?

I found out the next day they had send my truck to mission and send DOW a email which i have telling them not to touch my truck. that i would pick it up and send it to Toyota of Pharr, but by the time i got to the shop in mission the owner (Rolando) showed me the truck and said that they had already taken parts off my truck and if i moved it i was responsible for any parts mission. i paid $50,000.00 plus for this truck and it was and is garage kept, but since the accident my truck is a mess all kinds of trouble and i tried to sell it but on CarFax my truck is said to have Structural damage and with out the accident it is worth $39,000.00 but with the damage i have only been offered $15,000.00 for it what can i do

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes i had reconstructive surgery on my left shoulder and i am in a lot of pain but Geico doesnt want to pay or help me at all

Submitted: 9 months ago.Category: Legal
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9/20/2017
Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,329
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 9 months ago

I am sorry to hear this; did you authorize the repair shop to do the work or did the insurance company authorize it?

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Customer reply replied 9 months ago
well first i send an email to them and told them not to touch my truck that i would pick it up the next day, but when i went to pick it up Ruben told me he had already removed a lot of parts and that if i moved it i would be responsible for all parts missing or damaged
Customer reply replied 9 months ago
my truck has horrible damage and problems, it turns off while driving and have it recorded warning lights turn on whole truck is in bad condition, i took it to 2 repair shop to tell me what was wrong with it at first they said it was a mess and that i should have it total but once they found out Geico was involved they said they could not help me because they did a lot of work for Geico and that no one would help me
Customer reply replied 9 months ago
i have a copy of carfax
Lawyer: legalgems, Lawyer replied 9 months ago

I am sorry to hear this;

first, if the customer authorized repairs and then revoked that authorization, the customer would be liable for work performed up to that point.

Then the customer may remove the car to the location of their preference.

Normally the insurance company will pay property damage and personal injuries caused by an insured's negligence. Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

If the policy limits are exceeded then the innocent party may sue the negligent driver(s) in court for those uninsured damages.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Customer reply replied 9 months ago
well my question is what can i do to have geico repair my truck or pay me my truck also what can i do to have geico pay my medical bill for my shoulder it is bad
Customer reply replied 9 months ago
they gave me a ticket but the judge took the ticket off after he saw the proof we had that it was there fault and i dont understand why they were not given a ticket for no drivers license or no insurance
Lawyer: legalgems, Lawyer replied 9 months ago

Whether or not a driver was given a ticket does not in and of itself determine liability.
Rather in civil court the judge will determine if the defendant driver was at fault in the accident. This does not require a ticket.

The insurance relationship is based on contract law so if the insurance company is contracted to pay property damage and personal injury and this is within the limits, expenses can be submitted. If they fail to pay the injured party can sue for bad faith breach of insurance contract.

But if the policy does not cover it then the negligent party would be the propert party to sue.

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Customer reply replied 9 months ago
I have commercial insurance and geico was the one who send my truck to that small shop that did a horrible job with my truck i had never heard of that paint shop
Lawyer: legalgems, Lawyer replied 9 months ago

If the insurance company authorized the repairs they would be liable for compensating that shop (and possibly filing a claim if the work was defective) and in restoring the auto to the condition it was in prior to the accident.

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Customer reply replied 9 months ago
i have one more question is it legal to drive without an ID, and without a drivers license, my sons friends have been caught with out a drivers or insurance and were taken to city jail and given two tickets
Lawyer: legalgems, Lawyer replied 9 months ago

Would you mind opening a new thread for that question and rating this one (hopefully you feel I have earned 5 stars!)

As an individual contributor I must comply with the site's rules and am only permitted to address one situation per question.

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Lawyer: legalgems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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