by TMR123 » Mon Sep 27, 2010 08:41 pm
Hi everyone. The problem is that about couple of months ago I was passing through intersection on Yellow light. The other driver made a left turn on Yellow light at the same time, which caused a car accident between us. When a police officer arrived he questioned both of us and after that gave ticket to the other driver for failing to yield right of way( that's what police report sated later when i received it). He was insured by State Farm at the time of the accident. I filed a claim but he's insurance company State Farm denied it, stating that they disputed the lights in the accident. Basically saying that i wasn't sure what was the light during the accident. Me and my friend called them later to ask if they are going to pay for the damages(the estimate i did at the shop $4725.55). The agent told me the same and that the only way is to sue them. What I've learned later that a can't sue them and that i should sue the driver. So I filed a lawsuit against the other driver in small claims court for $3500 because the cap is $3500 at small claims in Omaha, NE. Wanted to get at least that much. On the court day at the court house the administrator told me that he's lawyer transferred the case to the civil court and also demanded Jury. The legal adviser at the courthouse told me that all the lawyers who defended him on the list she saw are State Farm's lawyers and that I don't have any chances. I don't know what to do now. I go to college and work full time. My car is not drivable. I had only liability coverage with Geico at the time of the accident. Please help!!! Thanks a lot for your time and sorry for such a huge post...
Posted: Wed Sep 29, 2010 03:29 am Post Subject:
How can I raise my claim in that case. Court clerk told me that i might have to have another court for it, to just raise my claim... or I can raise it during the court?
One of the wonderful qualities of a higher court. You probably need to search the Internet for an answer to this or if perhaps you know of an attorney you could ask. You may want to post that question on a legal forum. My guess is that you file a motion (?) to increase your amount or an amendment to your prior filing.This who thing gets _really_ tricky as normally when the case starts out in a higher court you file a legal Complaint. The defense then has a short amount of time to file a response. In typical Complaint the attorney always leaves the amount open (some working as, "to be determined at a later date). Then as the parties go through discovery the plaintiff is not stuck with one amount.
Perhaps this is what the clerk meant... that you would need to refile as you already named an amount. But I'm willing to bet that it can be changed somehow.
You'd be surprised what you can find on the web.
Posted: Mon May 30, 2011 11:59 pm Post Subject: Resolved... Case WON!!!
Hello again guys!!! Well, Just wanted to post the results of my court. After a long day at court the Jury decides in our favor 55%. So instead of getting claimed $3500 we wil get $1500. Im still happy with the results since the insurance company denied the claim and did not want to pay anything at first place. And now we getting atleast something for the car damages. I also wanted to thank all of you guys and www.ampminsure.org website for your support. Never give up if you think that you are right!!! Thank you
Posted: Wed Jun 01, 2011 05:06 pm Post Subject:
CONGRATULATIONS! for sticking through to the end. And good for you for not getting involved with an attorney, or you'd have given up another $500 of the $1500.
It definitely PAYS to persevere!
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