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I am looking for some advice. Last summer (July 2014) I loaned a friend my car for a couple days because hers broke down. She was driving down the road and another car ran a stop sign so she swerved to avoid T-boning the other car. In her swerve she hit the median and "totalled" the car (frame damage). The person she avoided's insurance has offered to pay 70% because I guess my friend should have swerved better. I am planning on suing in small claims court for this, but I am not sure how I would ensure that I give the correct address to serve a giant company. The person with the insurance company shows he is based in AZ. I am in Texas and will be filing Texas in Justice of the Peace District 3 I think. What are the rules for suing a company as in this case as opposed to an individual?
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Oct 30, 2015 16:52
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| # ? May 16, 2024 11:35 |
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Hot Dog Day #91 posted:This wasn't a joke suggestion. Go on vacation, call in sick every week, then quit. I mean this is legal but if you ever want that place to give you a reference probably not the best way to handle it. dalstrs posted:I am looking for some advice. Last summer (July 2014) I loaned a friend my car for a couple days because hers broke down. She was driving down the road and another car ran a stop sign so she swerved to avoid T-boning the other car. In her swerve she hit the median and "totalled" the car (frame damage). The person she avoided's insurance has offered to pay 70% because I guess my friend should have swerved better. Insurance companies use agents in each state to accept service for them. Go here: https://apps.tdi.state.tx.us/pcci/pcci_search.jsp Locate the correct insurance company, and serve their agent. A Texas lawyer can tell you how to properly serve someone and you might have to sue and serve the insured person too. This assumes the accident happened in the jurisdiction you are trying to file in. Also you might be able to just serve the TX secretary of state. Texas lawyer can tell you.
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Oct 30, 2015 16:54
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Phil Moscowitz posted:
I have called several lawyers and the few that have been able to speak with have pretty much given me the 'it's not worth their time' line. The accident did happen in the same jurisdiction. When you say the insurance companies agent, that's the attorney for service from the page you posted correct?
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Oct 30, 2015 17:02
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dalstrs posted:I have called several lawyers and the few that have been able to speak with have pretty much given me the 'it's not worth their time' line. I meant more like one of the TX attorneys in this thread can probably tell you rules for service, etc. Also you can probably do some online research, find a FAQ for small claims court you're in, to figure out what to do. Service is important. dalstrs posted:When you say the insurance companies agent, that's the attorney for service from the page you posted correct? Correct.
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Oct 30, 2015 17:14
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dalstrs posted:I have called several lawyers and the few that have been able to speak with have pretty much given me the 'it's not worth their time' line. Why isn't your insurance's lawyer handling this? I'm always curious what excuses insurers make for these sorts of things.
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Oct 30, 2015 17:21
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Andy Dufresne posted:This is the MO of organized crime. Your card data was read by an ATM skimmer or restaurant employee, sold on the black market, and purchased in bulk by criminals who recruit people on craigslist, send them a stack of cards and pre-printed shipping labels to buy small expensive poo poo and ship it to a drop location to be resold. The person you're trying to track down didn't steal your card, they may not even realize what they did was a crime because they're probably pretty dumb. Everyone from the bank to the retailer is a lot better equipped to handle this than you are. Is this what all the "make money as a secret shopper" spam I get is about? I've always wondered about that.
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Oct 30, 2015 18:01
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Blue Footed Booby posted:Is this what all the "make money as a secret shopper" spam I get is about? I've always wondered about that. Here is a [fake] check for $2300. Please go to Best Buy and purchase a $100 item for yourself. Send $2000 by Western Union to Prince Joshua Smith, Nigeria. The other $200 is yours to keep! Then the check comes back as fraudulent and the bank puts you $2300 in the red. Hope you can pay it back, or don't need to have a checking account for 10 years. Same old overpayment scam.
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Oct 30, 2015 18:05
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Insurance companies are the loving worst. Not a US lawyer but over here I currently have a case where a client's insurance co. refused to pay the victim of an accident involving my client's employee (employee hosed up, no question about it), dragged out the trial 4 years, lost, and now are are refusing to pay the full judgement because they say it's over the policy's maximum payout. But the only reason it's over the maximum is because the insurance co. insisted on going to trial and judgements here get an interest applied to them from the day of the accident to the day of the actual payment. So basically, a person died in a car crash and their family had to wait over 4 years to get a judgement in favor just because the insurance co. would rather pay later rather than sooner, and now they don't even want to pay for the consequences of their lovely legal tactics. gently caress insurance companies forever.
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Oct 30, 2015 18:15
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Ur Getting Fatter posted:Insurance companies are the loving worst. Go look up what Resolute, warren buffet's insurance company, is doing; it openly admits they buy up tort based insurance policies and delay or refuse payment to increase their "float", or the amount of money they have to invest and use. They have been sued by a number of defense law firms for non payment and bad faith; verdicts, settlements, and results are all over the board.
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Oct 30, 2015 19:01
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Devor posted:Why isn't your insurance's lawyer handling this? I'm always curious what excuses insurers make for these sorts of things. I only had liability insurance on this car (so it was mostly just sitting in my driveway until this happened). I was in the process of getting it ready to be sold and have a different car as my daily driver.
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Oct 30, 2015 19:06
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dalstrs posted:I am looking for some advice. Last summer (July 2014) I loaned a friend my car for a couple days because hers broke down. She was driving down the road and another car ran a stop sign so she swerved to avoid T-boning the other car. In her swerve she hit the median and "totalled" the car (frame damage). The person she avoided's insurance has offered to pay 70% because I guess my friend should have swerved better. What County did the accident happen in?
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Oct 31, 2015 05:14
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blarzgh posted:What County did the accident happen in? Tarrant.
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Oct 31, 2015 07:47
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Small question - I'm in Ontario. If I pay my landlord (large residential company) for a specific parking spot in a private underground parking garage, do they have an obligation to ensure no one else parks there (ie. towing or ticketing other vehicles)? If so, are they required to act promptly?
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Oct 31, 2015 18:33
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Curiosity posted:Small question - I'm in Ontario. What did your management company say? The way this usually works is that signs are posted for the towing company, and then either you or the management company (depending on the agreement with the towing company - sometimes residents can call, sometimes it has to be the management) call the number on the sign and say "someone is parked in my reserved space" and then the towing company shows up and tows the car or puts a boot on. The caveat being that the person towed/booted may or may not be a crazy person and enact vengeance upon your car for calling in a tow, and they know it's you because they were parked in your space. The best solution is to leave a note and hope it doesn't continue.
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Oct 31, 2015 19:19
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Devor posted:What did your management company say? The way this usually works is that signs are posted for the towing company, and then either you or the management company (depending on the agreement with the towing company - sometimes residents can call, sometimes it has to be the management) call the number on the sign and say "someone is parked in my reserved space" and then the towing company shows up and tows the car or puts a boot on. It's challenging to get ahold of the company outside of weekday office hours (9-5), but the one time it happened during open hours they just left a note on the car that said "Please move your car". If they're open they can also find me an alternate parking space, but since I get home from work every day after 6 I won't catch them in time. Leaving a note isn't going to give me a place to leave my car for the night without getting towed myself. There is a 24/7 line I can call which connects me to a call center, but since they aren't on site and we're only supposed to call for emergencies (flooding, suspected gas leak etc) they will try to avoid doing anything. Unfortunately at the moment the majority of the lot is under construction so the cars who got shuffled to the above ground spaces are coming down and parking wherever they see an open spot. I've had 3 different cars parked in one of my spaces in the last 48 hours, as soon as one moves another takes it. I have put up a polite sign but who knows if that will work!
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Oct 31, 2015 20:24
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Buy a cone, place it at the entrance to your spot, and put a printed, official-looking sign on it that says "RESERVED" and people will probably not mess with it. Just grab the cone and toss it in your trunk when you park there for the night, then replace it to block the spot when you leave in the morning. The key is that they would have to actually get out of their car and move the cone if they want to park there, instead of just ignoring a sign at the back of the spot or whatever.
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Oct 31, 2015 20:57
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Alternatively, boot them.
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Oct 31, 2015 22:52
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Bad Munki posted:Buy a cone, place it at the entrance to your spot, and put a printed, official-looking sign on it that says "RESERVED" and people will probably not mess with it. Just grab the cone and toss it in your trunk when you park there for the night, then replace it to block the spot when you leave in the morning. The key is that they would have to actually get out of their car and move the cone if they want to park there, instead of just ignoring a sign at the back of the spot or whatever. No, don't say 'Reserved'. Say 'DANGER UNSTABLE SURFACE' or something like that.
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Oct 31, 2015 23:55
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Ooh, yeah, I like that.
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Nov 1, 2015 00:08
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Curiosity posted:It's challenging to get ahold of the company outside of weekday office hours (9-5), but the one time it happened during open hours they just left a note on the car that said "Please move your car". If they're open they can also find me an alternate parking space, but since I get home from work every day after 6 I won't catch them in time. Leaving a note isn't going to give me a place to leave my car for the night without getting towed myself. Ask management for a list of unrented spaces you can park in, or written permission to park in any reserved space if yours is occupied while this construction is happening. If it's not possible to have a company tow/boot offenders, and the problem is so severe, you need to raise hell with management. The cynical part of me says that they told people who are paying for spaces affected by construction "just park in any open space" which is why they're giving you the run around.
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Nov 1, 2015 00:42
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Lobsterpillar posted:No, don't say 'Reserved'. Say 'DANGER UNSTABLE SURFACE' or something like that. Well you are dealing with a parking structure people will see day in and day out. How many times would you roll into your garage and believe a sign that says dangerous surface half the time with the other half a car parked? Why not just have a cone with a sign that says the spot is for your apt #?
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Nov 1, 2015 22:01
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Lobsterpillar posted:No, don't say 'Reserved'. Say 'DANGER UNSTABLE SURFACE' or something like that. Nah, put a fancy title on the sign and people will give it a wide berth. "Reserved for Lord High Executioner" or something.
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Nov 1, 2015 23:25
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I put the plate number on the RESERVED sign but if it happens again I'll put my foot down and strike fear into their hearts. I'm still not sure whether I can legally force them to resolve an issue promptly if one arises at midnight on a Saturday, but as Devor said I should just raise hell either way. I'm paying them for the spot, and if they want to do business with me they should help me some way. I am a bit suspicious of the building staff's response to the annoyed tenants who were moved - the on site office staff try to be nice to everyone but just wind up being wishy washy and letting things just kind of... happen. Either way I've almost made it through the weekend without getting blocked out so I can call and check their policies tomorrow. Still welcoming sign suggestions though...
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Nov 2, 2015 02:54
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RESERVED FOR MANAGEMENT VIOLATORS WILL BE TOWED
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Nov 2, 2015 04:05
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Bad Munki posted:RESERVED FOR MANAGEMENT We have a winner. (Until management parks in it)
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Nov 2, 2015 06:20
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dalstrs posted:I am looking for some advice. Last summer (July 2014) I loaned a friend my car for a couple days because hers broke down. She was driving down the road and another car ran a stop sign so she swerved to avoid T-boning the other car. In her swerve she hit the median and "totalled" the car (frame damage). The person she avoided's insurance has offered to pay 70% because I guess my friend should have swerved better. Another follow up question to this. Should I be able to make a claim against my friends insurance so they can take care of fighting the other persons insurance?
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Nov 2, 2015 07:15
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If I wanted to make a living will, would I need to first consult a lawyer, or can I simply fill out one of the templates online? For that matter, should I also get a will drafted for my eventual demise? I'm 26 years and I don't plan on dying soon, but I understand that this is somewhat out of my control (barring meteor fall and heat death of the universe).
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Nov 3, 2015 01:41
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Vargatron posted:If I wanted to make a living will, would I need to first consult a lawyer, or can I simply fill out one of the templates online? For that matter, should I also get a will drafted for my eventual demise? I would recommend to consult a lawyer. They will make sure it's done properly, in theory; they will already have procedures in place to have the will properly witnessed, and they know what has to be done to register the will with the courts and/or swear an affidavit so that they don't need to be tracked down in the event of your death to confirm they did prepare and witness your will (or something along these lines; I did it recently, and I'm not 100% sure on the reasoning behind some of the process, but I don't have to understand it because I had a lawyer). In the event that something is done improperly, your next of kin can seek damages against the lawyer that hosed it up too! Honestly, pretty much everyone should have a will unless you have no assets, no dependents, and nothing that will be affected by your death, so I'd get one of those in addition to having a living will. A lot of people find it morbid or distasteful to think about, but it's good to be prepared. Like you, I don't plan on dying any time soon, but, who knows, a drunk driver could jump the curb as I walk down to the corner store tonight and hit me; best that my friends, family, clients, etc. don't have to wonder and guess about what happens next. I've seen situations where people our age (I'm 26 as well) didn't plan properly, and died suddenly in an accident, and it caused even more stress for their family in an already difficult time.
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Nov 3, 2015 03:04
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No, he means an "advanced directive." A 'pull the plug, doc', not a 'do this with my stuff' kind of will. Call your physician and ask if they have a form they use. Ultimately, an advanced directive doesn't get filed anywhere, and isn't legally binding in any state I'm aware of, but your doctor should keep a copy and whoever your emergency contact is should keep a copy. If you're just being morbid, you probably aren't old enough to worry about it. If you do have some strange medical condition or a dangerous job or something, pay a lawyer the $200 to do one.
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Nov 3, 2015 21:12
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A friend of mine is trying to get an arrest record from 2007 for a possession of Marijuana deleted off her record. She was never convicted and the disposition states that it was a bail forfeiture following amendment to infraction of liquor in park. The request to delete the arrest record was denied due to "bail forfeiture is adverse information and is not subject for deletion". What does that mean?
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Nov 3, 2015 23:25
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Busy Bee posted:A friend of mine is trying to get an arrest record from 2007 for a possession of Marijuana deleted off her record. She was never convicted and the disposition states that it was a bail forfeiture following amendment to infraction of liquor in park. What do the records say. Was plea of guilty (or similar) entered? Also what state.
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Nov 3, 2015 23:55
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blarzgh posted:No, he means an "advanced directive." A 'pull the plug, doc', not a 'do this with my stuff' kind of will. He asked about both, actually.
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Nov 4, 2015 00:00
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Busy Bee posted:A friend of mine is trying to get an arrest record from 2007 for a possession of Marijuana deleted off her record. She was never convicted and the disposition states that it was a bail forfeiture following amendment to infraction of liquor in park. Did she ever fail to appear at a court hearing and forfeit a bond, and does the statute in whatever state you're in prohibit expungements in that situation? Expungements are one of those things you should get a lawyer for. In my state, for some conviction expungements, you only get one shot at it. I'm not a lawyer and was comfortable getting an old arrest without conviction removed, but I work in criminal law and still learned some things from lawyers I work with that weren't set out in the code, but technicalities buried in the trial rules.
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Nov 4, 2015 01:29
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xxEightxx posted:What do the records say. Was plea of guilty (or similar) entered? Also what state. This is in WA state. Not 100% on the plea, will follow up with her tomorrow. BgRdMchne posted:Did she ever fail to appear at a court hearing and forfeit a bond, and does the statute in whatever state you're in prohibit expungements in that situation? Not that I am aware of - but will follow up tomorrow. She told me that she was arrested for possession of marijuana back in 2007 and she took a plea of liquor in a park which would be dismissed after completing X amount of community service hours. Seemed like a pretty straight forward process. She even showed me her official FBI records and she has no convictions but just an arrest for the possession of marijuana back in 2007.
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Nov 4, 2015 02:22
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Followed up with her and this is what I found out through her court docket. Arrested for misdemeanor possession of marijuana and both parties reached a disposition where the defense moved for bail forfeiture. The charge of possession was amended to liquor in park. The court granted the bail forfeiture of $50. 8 years later after submitting a form to remove the possession arrest record - they sent the form back saying "bail forfeiture is adverse information and is not subject for deletion". Arrested in April 2007 Pretrial hearing in June 2007 Motion hearing in beginning of August 2007 Pretrial hearing in middle of August 2007 - parties reach disposition here / defense moves for bail forfeiture. Busy Bee fucked around with this message at 02:13 on Nov 5, 2015 |
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Nov 5, 2015 00:17
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Lawyer time. Try to get the original lawyer to explain 1: what happened and 2: how to fix it. If that doesn't work, talk to crim lawyers in the jurisdiction where the case happened. If they can't answer those two questions, ask them who they world recommend, then go ask that person the same questions. Repeat as needed.
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Nov 5, 2015 01:24
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joat mon posted:Lawyer time. Try to get the original lawyer to explain 1: what happened and 2: how to fix it. If that doesn't work, talk to crim lawyers in the jurisdiction where the case happened. If they can't answer those two questions, ask them who they world recommend, then go ask that person the same questions. Repeat as needed. I don't understand - can you explain why and what happened where it's time for a lawyer? What needs to be fixed?
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Nov 5, 2015 02:00
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Busy Bee posted:I don't understand - can you explain why and what happened where it's time for a lawyer? What needs to be fixed? You need a lawyer to get an answer to your friends question, because it sounds very case specific and since none of us practice in your friends hometown we have no clue what the issue is. So consult a lawyer.
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Nov 5, 2015 02:46
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Busy Bee posted:I don't understand - can you explain why and what happened where it's time for a lawyer? What needs to be fixed? I can't explain because while I know what reduction and plea is and I know what bail forfeiture is (though not in this context) I have no idea what the two have to do with reach other as the quid pro quo of a plea bargain. This had the feel of an extremely local procedure. You'll need a local lawyer to explain what that is and why it happens. Similarly, while the ins and outs of expungement / sealing records are state specific (and WA isn't my state) the how and why of how local law enforcement agencies react to such requests is local, too. On top of that, if it was your friend's understanding during the plea that the arrest records would be able to be expunged / sealed upon successful completion and out turns out (after consulting with a local attorney to find out whether that's correct) that it's impossible, there is another avenue to approach, which is also state specific in its procedures; withdrawal of plea/post conviction relief. The application of those rules to your friend's case will also be extremely local, and will depend more on getting the local DA and local judge on board than on the rules themselves. In order to make this happen you need an attorney who is not only local, but preferably who knows the DA and the judge well. I'm not from that jurisdiction, and even if I was, it would be unlikely that I could give you the magic words to get the arrest record expunged. (because there aren't any) Whatever your friend is doing didn't work. Maybe it's time to consult somebody who's job is to know this stuff. If the benefit and importance of expertise doesn't make sense, what do you do for work / school? joat mon fucked around with this message at 03:12 on Nov 5, 2015 |
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Nov 5, 2015 03:10
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Look fuckers, this is the free legal advice thread or whatever so cough up the goods and quit hiding the ball on this one, cus Mr. White McKnight put the deposit down on that rickshaw ride/anime tour for two next weekend and that poo poo's non-refundable.
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Nov 5, 2015 05:03
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