Pedestrian Hit & lingering questions?

Latest post Fri, Sep 23 2016 9:01 AM by thecarolins. 3 replies.
  • Thu, Sep 22 2016 9:04 AM

    • thecarolins
      Consumer
    • Not Ranked
    • Joined on Thu, Sep 22 2016
    • TX
    • Posts 3

    Pedestrian Hit & lingering questions?

     

    I am located in San Antonio, Texas, I was hit while crossing the crosswalk with the pedestrian walk sign on 7/29/16 at 3:40pm by a company pickup truck this happened in clear day, I am fine with minor injury and feel i can make a full recovery however I did go to the ER to make sure nothing was broken or anything life threatening that said I did pay out of pocket for a chiropractor to check to make sure no ligaments, tendons or muscles had been torn but I treated myself.

    Little about me I am a stay at home dad (34yr) at the time I was going shopping for food for my family, my folding shopping cart was bent also the rubber on the wheals were knocked off.

    I called the company who hit me and was told they would file a claim and get back to me but they never did and in fact just gave me the number to there corporate attorney saying he would provide insurance information however he refused to do so, I found there insurance information and I filled a third party claim on 8/19/16 and was told by there insurance they never bothered to file a claim. The insurance company is Amerisure.

    During the time that passed from date of incident to date of filling the claim I had already gathered information including itemized hospital bill, and any other medical related bill as well as medical notes from the hospital also i had the call to serv sheet. I got the crash report and in it the officer states that the driver admitted he was at fault. I understand the drivers record has no impact here however because it is a company I am assuming it does because in this care the driver has had two DUI arrests within ten years however they were dismissed without prejudice meaning he could be charged for the same arrest at anytime.

    I provided all information to the insurance to help further there investigation and was told that it would speed things up however I don't feel it has...this is a small claim and I know there is no need for them to rush on this but because I am healed in my opinion. I sent a settlement demand letter via certified mail and then again in e-mail.

    I am willing to take this to small claims court however I have several questions

    1. Does anyone know anything about Amerisure and how they conduct them self's?

    2. How long could this take simply to have a fair settlement offer or negotiations considering this is pretty clear cut?

    3. Am I correct to assume because this was a company the drivers record does come to play or even previous convictions in terms of negligent retention and or credibility?

    4. I have read in previous threads that the insurance company could have the case transferred out of small claims court, however in Texas lawyers are not allowed also I wouldn't be seeking more than a small claims court would offer. Can they still transfer the case out if I filled in small claims court?

    5. How much could I reasonable expect in terms of a settlement, Bills are as follows.

    Hospital/Medical related bills total $4,157.35 though yesterday I got another medical bill for $105 but have not sent it because I already sent a settlement demand letter, not sure if I should.

    Chiropractor $110, Shopping Cart $36.74, Out of pocket homeopathic treatment(Supplements) $74.24
    Side note: Stay at home dads earn not a dime yet it is a real job and it is hard...

    Thank you for reading this and answering in advance also sorry for it being long just wanted to give as much information as i could thank you again and adjuster jack Love your posts but also love your statments about we the people!

  • Thu, Sep 22 2016 1:20 PM In reply to

    Re: Pedestrian Hit & lingering questions?

    thecarolins:
    the driver has had two DUI arrests within ten years however they were dismissed without prejudice meaning he could be charged for the same arrest at anytime.

    At anytime until the statute of limitations expires.  That the guy was charged and had chages dismissed both times isn't particularly meaningful.

     

    thecarolins:
    How long could this take simply to have a fair settlement offer or negotiations considering this is pretty clear cut?

    Texas insurance regulations require insurers to determine claims within a relatively short time (I believe it is 30 days), unless an insurer determines more time is necessary, in which case it may unilaterally extend that deadline.

     

    thecarolins:
    Am I correct to assume because this was a company the drivers record does come to play or even previous convictions in terms of negligent retention and or credibility?

    The only way the driver's record would matter would be if you sued and, in addition to seeking to hold the employer vicariously liable for its employee's negligence, you also sued for direct negligence in connection with the company's hiring of this individual for a job that required driving.  Given the admittedly minor nature of your injuries, I can't see the point of overcomplicating the claim in this way.  However, as noted above, charges that were dismissed aren't meaningful.  Moreover, unless the guy was drunk when he hit you, even a conviction for DUI might not be relevant.  I'm not sure what your reference to credibility means.

     

    thecarolins:
    Can they still transfer the case out if I filled in small claims court?

    I'm not aware of any rule that would allow that as long as your claim is under the jurisdictional limit of small claims court.  Where did you get the idea that this is possible?

     

    thecarolins:
    How much could I reasonable expect in terms of a settlement

    Looks like your claim is worth about $4,500 plus whatever you can negotiate for "pain and suffering" (maybe a couple thousand more).

  • Fri, Sep 23 2016 7:53 AM In reply to

    • thecarolins
      Consumer
    • Not Ranked
    • Joined on Thu, Sep 22 2016
    • TX
    • Posts 3

    Re: Pedestrian Hit & lingering questions?

     

    1. I checked into the Texas insurance code and your right however all I get from the adjuster is its under review or the investigation continues being that the investigation started on 8/19/16 and have not received any explanation for additional time should I make a complaint with TDI? That said I have provided all documentation both through e-mail and certified mail with them verifying the received documentation through e-mail and certified mail showing delivered.

    2. Regarding the DUI's I am in total agreement with you about not having any impact on the claim however it was my desire to express my seriousness if i desired to take this to small claims court that said I have not expressed to them that I would just yet.

    3. Thank you for clarifying about small court not being transferd, I got the idea from some previous threads and that is why I wanted clarification again thank you.


  • Fri, Sep 23 2016 9:01 AM In reply to

    • thecarolins
      Consumer
    • Not Ranked
    • Joined on Thu, Sep 22 2016
    • TX
    • Posts 3

    Re: Pedestrian Hit & lingering questions?

     

    I called TDI to get a better understanding if I should file a complaint however it seems as this is not my policy im not left with the typical time frame and it is more up to interpretation because TDI says a reasonable time frame.

    What would a reasonable time frame be as a third party? I am healed and have provided every aspect of documentation needed.

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