Garrett Wayne Wilson's Answers

How long do i have to file a civil lawsuit in the state of Texas??

You have 2 years from the date of the crash to file suit.

I was in an accident with an insured car but i wasnt listed on the coverage. now im being sued? what should i do?

You should contact your mom's insurance company and provide them with all of the suit papers. You should request, in writing, that they provide a defense for the case. Mail the letter certified and keep a copy for your records so that you can prove that you notified them.

What are my rights?

At common law the driver of the truck (and his employer) would be responsible for the physical damages to your truck. They will almost always provide you with a low ball estimate. Unless you have "gap insurance" you are probably limited to the value of the truck. Get an independent evaluation of the value. It may be significantly higher than the offer. Your insurance status will be irrelevant if 1) the wreck was not your fault and 2) Illinois has not implemented a "no-fault" insurance scheme.

1 person marked this answer as helpful

Breach of a term (condition or warranty) of the contract made to sell the car or whether liable misrepresenting of the car

You need to determine whether your state has a consumer protection statute (sometimes referred to as a deceptive trade practices act). If so then you will likely be able to assert a claim against the non-disclosing seller. However the phrase "caveat emptor" or "let the buyer beware" is going to be a good defense in this case. Unless the seller made a representation to you that was false you will likely have a difficult time prevailing.

1 person marked this answer as helpful

Can I sue an IME for making false statements on a medical report

I would need more information to completely analyze your question. If the doctor is providing opinions that you perceive are false then he is likely shielded. However if the doctor is knowingly disseminating false facts then he may be liable in a defamation suit.

How do I go after the owners of the uninsured vehicle, or is this a loss?

1) Were you injured or is this just a property claim? 2) Did you have full coverage for collision or just liability?

Can i be forced to do a second deposition in personal injury case?

Assuming that the first deposition was completed then you should not have to undego a second one simply because you changed lawyers. Most states have broad discovery rules which allow for an adverse party to uncover information that is caluclated to lead to the discovery of admissible evidence. Meaning if it could potentially have relevance then they can ask you about it.