Gregory S. Baumgartner's Answers

My toddler and i were rear ended in a small older model car by a fed ex truck. I am sore and my daughter is ok.

I believe it is a good idea to speak with a qualified personal injury attorney if you have been injured in an accident. Generally, the sooner you speak with a qualified attorney the better. One tactic utilized by insurance companies and some of those they employ is to lead the victim to believe that they will be taken care of and then once the subject of money comes up the victim understands for the first time that fairness had nothing to do with it.

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I need some advice, on a t-bone accident.

If you reported the accident to the police the other persons insurance company should have been in contact with you by now. If they did not have insurance you may want to look at the coverages under your boyfriends policy- such as PIP or med pay for some medical bills and Uninsured Motorist if they had no insurance. If the wrongdoer has insurance they should pay for a rental car up to the time the car is fixed to your satisfaction or they have paid him in "totaling" the vehicle. And yes...

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Where do I file my small claims case?

Generally, in Texas a case must be filed either where the cause of action arose, or where the defendant resides. So the short answer may be either or both places. You are always safe filing in the county the defendant resides, however is the defendant for example did shoddy work or did not pay for work done in Harris County, you may well want to file in Harris County for convenience. The following link will be helpful to you in fling a small claims case it from the Texas State Bar on how to...

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How long should I allow an at-fault insurance company (auto accident) to continue their delay tactics?

Recently several insurance companies have been using delay tactics to prevent paying claims to personal injury victims in Texas. Some insurance carriers are almost impossible to deal with without an attorney. Basically some of these carriers have adopted a “scorched earth” policy requiring a lawsuit to be filed in order to have any chance at fairness. I would recommend that you contact a personal injury attorney for an initial evaluation of your claim as soon as possible. Generally, the...