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
I am willing to take this to small claims court however I have
1. Does anyone know anything about Amerisure and how they conduct
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!