Small Claims Court Question

[bassnman81]

Update your usaa claim via the app. You can snap the photos yourself. They want 360 coverage…..not just the damaged area.

That is the job the USAA adjuster does. Read my post in the military forum. I would definitely contact your state insurance commissioner.

[pavi69]

There is no garnishment of wages in Texas except for child support, student loans and income tax. You win in small claims court good luck collecting.
If USAA is not taking care of you, try Montgomery County Texas Farm Bureau. They paid for my car repairs in less than a week, billed the other insurance company and gave me back my deductible in less than six months. I only had to make one phone call to get everything taken care of.

[knopf]

If you get a judgement you may also file a writ of execution. Officials may attempt to seize property in his name to satisfy the judgement. It usually costs about the same as a garnishment.

[C130]

Well, this might finally be over. I decided to take it to court if need be. I got a call from a dispute resolution center 3 weeks that was referred to by the judge. I told them I did not agree to mediation and would only do it if demand by the judge abd was my only option. I got a call a few gifts later by the insurance company wanting to settle. I told them pay me what I asked for and not a penny less or I’ll see them in court. They agreed to the amount. I was told their lawyer would send me a release form to sign and they’d mail me the check. Three weeks later I still haven’t received anything, not even the release form.

So, today I emailed the court and the insurance company asking for the earliest court date available and told them what had happened. I had recorded the phone conversations and informed them I was recording so it would be legal. I immediately got the release form about ten minutes later and signed it then got an email acknowledging it had been signed and got another email stating the check would be mailed tomorrow. Pain in the butt, maybe stupid on my part, but sometimes we have to stand up and fight this BS.

[yanknbass]

Well, this might finally be over. I decided to take it to court if need be. I got a call from a dispute resolution center 3 weeks that was referred to by the judge. I told them I did not agree to mediation and would only do it if demand by the judge abd was my only option. I got a call a few gifts later by the insurance company wanting to settle. I told them pay me what I asked for and not a penny less or I’ll see them in court. They agreed to the amount. I was told their lawyer would send me a release form to sign and they’d mail me the check. Three weeks later I still haven’t received anything, not even the release form.

So, today I emailed the court and the insurance company asking for the earliest court date available and told them what had happened. I had recorded the phone conversations and informed them I was recording so it would be legal. I immediately got the release form about ten minutes later and signed it then got an email acknowledging it had been signed and got another email stating the check would be mailed tomorrow. Pain in the butt, maybe stupid on my part, but sometimes we have to stand up and fight this BS.

good on you for standing for what you beleive!

[C130]

It’s a shame companies and people just can’t do the right thing. They admitted from day one that their client was 100% at fault, the guy stated he hit our car on purpose while being videoed, he was ticketed and arrested, but they wouldn’t pay. Initial offer was $300, take it or leave it. I sued for over $9,000 which included two days missed from work. They asked me what I’d settle for and I told them the highest estimate of the 3 ($2800) plus deprecation of $1300 otherwise I’d see them in court for the $9,000 plus. The guy immediately said he agreed that was fair. Hopefully the check arrives, I’ll believe it when I see it.

[yanknbass]

[godsdozer]

Filing a Small Claims Case : Texas Justice Court Training Center : Texas State University (tjctc.org)

[KennyVexus]

That's the easiest thing to do, probably the smartest, but the guy was such a jerk I am going after him directly. I may be wrong but he hit the car so I figure he's liable for the damage. His insurance company fully admits he was at fault. Problem is they would only offer $300, take it or leave it they said. The body shop said they do this on every claim they have against them.

Last time USAA dealt with an accident caused by the other person they paid but did nothing to get the money back from the other insurance company costing me my $1,000 deductible. I guess it wasn't worth the hassle due to the small amount of damage.

If USAA cannot get your deductible back on any claim that was deemed the other drivers fault (if they are insured) then fire USAA. That is what you pay them for.

[Bryanmc57]

you will probably win but will collect the grand total sum of $0..
you are wasting your time and going after the wrong people..
you might actually collect if you go after the insurance company..

Exactly... You'll get a judgement, and that's all. Trying to collect it will be a whole nother set of headaches.

[Hot Holster]

Why are you calling this an "accident', when the guy deliberately hit your vehicle?

[C130]

Exactly... You'll get a judgement, and that's all. Trying to collect it will be a whole nother set of headaches.

It never went to court, when I filed the paperwork the insurance company called and wanted to settle. They said since they insured him they’d represent him in the court case. Their lawyer requested a jury trial initially which made zero sense to me. I emailed the lawyer and told him if they planned to use the “I’m a veteran” BS I’d rip them apart and I was a veteran also. I told him I had everything on video, including him threatening to kill me 5 different times, and I would make his client look like a fool. Fortunately I filmed everything otherwise I’m sure I’d never get paid. I’ve since installed a great dash cam, both front and rear on my truck.

They simply played the delay game, we’ll tell him what he wants to hear but do nothing and hopefully he’ll get pissed off enough and just give up. It’s unfortunate but sometimes you just have to file the paperwork to sue. It’s so simple, takes ten minutes, and about a $100. Well worth it.

[20basstriton]

Good luck getting the check now that you signed the release forms. I wouldn't have signed a thing till I had a check in hand.

[1BADAIR]

Is Texas an at fault state? Or no fault

[GJA]

It never went to court, when I filed the paperwork the insurance company called and wanted to settle. They said since they insured him they’d represent him in the court case. Their lawyer requested a jury trial initially which made zero sense to me. I emailed the lawyer and told him if they planned to use the “I’m a veteran” BS I’d rip them apart and I was a veteran also. I told him I had everything on video, including him threatening to kill me 5 different times, and I would make his client look like a fool. Fortunately I filmed everything otherwise I’m sure I’d never get paid. I’ve since installed a great dash cam, both front and rear on my truck.

They simply played the delay game, we’ll tell him what he wants to hear but do nothing and hopefully he’ll get pissed off enough and just give up. It’s unfortunate but sometimes you just have to file the paperwork to sue. It’s so simple, takes ten minutes, and about a $100. Well worth it.

Which dash cams did you get? I'm in the market as well...

Thanks!

[C130]

I got the Thinkware 4K, think it’s the U1000. There’s another brand that is a little cheaper and has great reviews also, I think it’s Viofo. I originally was ordering the Viofo but just liked the buttons and the way the Thinkware operated a little better. I ordered it off Amazon and also bought the wires with the two fuse plugs so I could hard wire it to my truck. It was pretty easy to install. I just ran the rear camera along the head liner. I have it wired so it only comes on when I turn the ignition on. You can wire it and add an external battery and a motion sensor so it records when parked.

Hopefully the cameras last a long time for what they cost. I’ve had cheap ones for several years and would get about two years out of them and they quit working. I’ve never had a rear camera before but think it’s about as important as the front. Rear camera is really small, maybe two inches long. They had a discount on the Thinkware when I bought mine.

[C130]

Good luck getting the check now that you signed the release forms. I wouldn't have signed a thing till I had a check in hand.

I believe the only way they’ll send the check is after signing the release. I’ve only had one incident ever where I got a check for depreciation. They did the same thing but without any hassle, they sent me the form within a few minutes after the phone call and I had the check two days later. Hopefully they send the check. They copied the court, me, my wife, their lawyer all in on the email with all of the documents. But, I don’t trust them until I get the check in hand.

[GJA]

I got the Thinkware 4K, think it’s the U1000. There’s another brand that is a little cheaper and has great reviews also, I think it’s Viofo. I originally was ordering the Viofo but just liked the buttons and the way the Thinkware operated a little better. I ordered it off Amazon and also bought the wires with the two fuse plugs so I could hard wire it to my truck. It was pretty easy to install. I just ran the rear camera along the head liner. I have it wired so it only comes on when I turn the ignition on. You can wire it and add an external battery and a motion sensor so it records when parked.

Hopefully the cameras last a long time for what they cost. I’ve had cheap ones for several years and would get about two years out of them and they quit working. I’ve never had a rear camera before but think it’s about as important as the front. Rear camera is really small, maybe two inches long. They had a discount on the Thinkware when I bought mine.

Thank you, I'll check them out....

Good luck!

[KYSkipper]

Most small claims judgments work like this:

Judge awards you $5,000 in Damages. The person you sued has no money so the Judge sets up a payment plan where this guy pays you $25 per month until he pays off his $5,000 debt.

You receive 1 or 2 payments for $25 each then suddenly the payments stop. You call the guy, his phone has been disconnected. You drive to his apartment and find he moved out.

You go complain to the court that your payments have stopped.

The Court tells you "Find out where he lives and let us know."

You do that after some investigation.

The court says, Ok you will need to pay Constable Ricky Bubba Jim Bob $150 to go serve the summons.

You pay Ricky Bubba Jim Bob the fee and then another court fee and then you get another Judgment for the $300 in court fees you are out trying to get your dude started back on his $25/month payments.

He pays 1 payment as he leaves the courthouse because they made him do it.

The next month your payment doesn't come.

You come to the realization that you are spending $500 a wack not counting time and effort to collect $25.

Hopefully you now come to the realization that this is a loosing preposition and quit and just take the loss. If you still feel like it's the principal of the matter, you will continue to trade $500 for $25 until the cows come home.

[blade1970]

Glad you got it resolved... most insuarnce companies/Salespeople rank below used car salespeople.... just fleece you out of your money every month and then don't want to pay when they need to...