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Jack Todd Ivey

Jack Ivey’s Answers

174 total


  • What are my Legal options

    In august of 2015 i was hurt in a work place accident, My wrist was fractured, several nerves were damaged, and i had a damaged tendon. Surgery was performed and i was on worker comp at 70% of my pay, when i was able to return to work i was put on...

    Jack’s Answer

    As stated by many, you need to first determine that your receiving Texas Worker's Compensation. Companies offer a variety of work related insurance plans, some that are qualified as TWC and some that are alternatives thereto. So you should consult a work comp attorney at once. There are lawyers in Texas who specialize in worker's compensation and are board certified by the Texas Board of Legal Specialization. You can look for those at www.tbls.org. If your employer has a alternative plan that provides benefits like work comp would, but is not a TWC plan, then you can most likely sue your employer as a non-subscriber and seek added damages than just what the plan is paying you. Good luck.

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  • Who to sue in complicated rental car hit and run in another county.

    Was hit in rental car by other driver in rental car (same rental agency). NOTE: no injuries. She was not the renter of the vehicle (her brother). Hit and run. Driving While License Suspended 2nd. Followed her and she went to jail. Turns out her br...

    Jack’s Answer

    1. Sue the driver and the brother for negligent entrustment.

    2. You typically can file in the county where the collision occurred, or a county where a defendant resides. You could file in your county of residence, but if that is not one of the two list above, you may be subjected to a motion to transfer venue and could be forced to pay costs associated the filing of the motion if it is successful.

    3. Typically you cannot sue for inconvenience. So the answer is no. You can only sue for physical pain and mental anguish if you suffered bodily injury. You must likely are looking at property damages only and perhaps any economic losses associated with the property damage.

    Good luck.

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  • What is the statute of limitations for rear-end collisions in Austin, Texas?

    FOR CLARIFICATION: I WAS NOT INJURED I was rear-ended by a man driving a rental car without a valid license/insurance in August 2015. He has since ignored every appeal I've made to collect damages and Budget, the company in question, has refuse...

    Jack’s Answer

    You should file suit no later than the second anniversary. However, when you file suit, you must also deliver the notice to the defendant, which is commonly referred to as obtaining service of process. That should likewise be done in a timely manner and the courts in Texas are becoming increasingly strict about doing that by the second anniversary. If you don't then many times the judge will dismiss the case for failing to exercise due diligence in obtaining service of process.

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  • Can I sue my apartment complex due to physical injury caused by vicious mites?

    My family and I have moved in this townhome a year ago, and it's been nothing but mayhem. The entire unit is infested with different kinds of insects, but the most atrociously evil kind of all, are the MITES! At first, they were just random bites ...

    Jack’s Answer

    You should move at once. You should also take care to destroy any infested personal items that could transmit this unknown infestation. Failing to move at once will diminish the value of your claim, as you have a duty to mitigate your losses which means you must do everything reasonable and within your ability to make your losses as minimal as possible. Plus, for the health of your family and yourself, you should leave this unsafe/unsanitary place. If you cannot afford to move you should at least be prepared to document how you attempted to relocate yourself, but could not due to your financial situation. You may have claims for breach of contract, deceptive trade practices and negligence, but before worrying about filing claims, I hope you will take immediate steps to protect yourself and your family.

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  • Can I sue the marina?

    My 37' yacht was moored at a local marina. With the storms that came through last May they lost electricity for about a month and then when another storm came through the slips started collapsing and moving and the collapsing and moving slip rubbe...

    Jack’s Answer

    If you insured the yacht and insurance paid the property claim, then your insurance company would now own the claim for the property damages it paid, and your claim would only be for any added damages that you suffered. This might lower the overall value of claim to the point that hiring experts to prove negligence in this matter would no longer be economically viable. Likewise, any lawyer defending this claim would argue that you had a duty to mitigate your losses and that upon learning that your boat could be damaged by the condition of the slips, you had a duty to prevent further damage. You should speak with a good civil lawyer in the Lake Lewisville area to discuss the pros and cons of filing suit, but it may be a difficult case to prove and your damages may be limited.

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  • Can you claim PIP through your insurance as well as receive reimbursement through the other party's insurance who was at fault.

    I live in Dallas however the car accident I am referring to occurred in Austin Texas. The accident that occurred was at fault by the other party and the insurance has taken responsibility. Is it possible however, to claim Personal injury protectio...

    Jack’s Answer

    This is commonly referred to as "double dipping" and there is nothing wrong with that! You bought PIP with your own hard earned money and you are now entitled to seek reimbursement of your medical bills with it, regardless of any third party sources of recovery. Your insurance company cannot use the fact that a third party may be liable for your damages to discount what the PIP policy states they must pay. Likewise, PIP will pay related lost wages in addition to medical bills. So please make a PIP claim.

    As for telling the third party's insurance company that you have PIP, please accept the advice of everyone here and do not mention your PIP to anyone else. That is your insurance, your business and should not be discussed with anyone else. The third party's insurance company will gladly try to tell you that since you have PIP you will get less from them, but that is not the law and you should not accept any attempt on their part to do so.

    Also, do not assign your PIP to physical therapist or chiropractor. Many such facilities will ask you to do so when you seek treatment their because they know that PIP insurance typically reimburses dollar for dollar and they will gladly bill your PIP policy for the limit. So try and use health insurance or work with a good lawyer who knows how to stack insurance coverage to get you best result possible. That is why they went to law school. Good luck.

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  • Is the lawyer doing everything he can?

    My boyfriend got rear ended. He called the police and when they arrived, they just had them change insurance information and did not make a report. He filed a claim and was told to wait to take his car to a shop b/c it will take few days for an ad...

    Jack’s Answer

    • Selected as best answer

    Just because the driver was not the owner does not necessarily mean that the owner's insurance will fail to cover the claim. If the step son was a permissive user and not excluded from the policy, it should cover this event. I would want to see a denial letter from the insurance company before proceeding to contact my own UM policy.

    As for the offer to work with your boyfriend outside of insurance this can happen when folks offer to pay for property damage to the vehicle. I doubt the step father is interested in trying to pay your boyfriend for his bodily injury related losses. You should also accept that bodily injury cases take time to resolve. Your boyfriend should be working with his doctor to reach maximum improvement and get the best results possible so he can recover from his injuries. Once that is done then a lawyer can assist with negotiating a fair value for that injury based upon the medical evidence.

    Since your boyfriend has a lawyer, I would strongly advise that he not speak with the step father as anything he says at this point can be used against him in ways that you may not even suspect. Get a lawyer you trust and allow him or her to use their expertise to get you the best result permissible under the law and the facts.

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  • Do I have any recourse, why should I be punished for something someone else caused? I am out $50,000, And I am now without a car

    Sitting at a stop light, get rear-ended by a 17 year old girl who was texting. They total my car, I already have $33000 invested, I still owe around $15000. Insurance company offers around $1600 to pay off the car, tells me I may get around $100 a...

    Jack’s Answer

    You should contact an independent appraiser to prepare a report on the FMV of your vehicle. It only cost a few hundred dollars typically and should help you in your negotiations with the insurance company. Likewise you could consider filing on your insurance to see if your carrier will give you a better appraisal, since your insurance company owes you a duty of good faith and fair dealing whereas the 17 y.o.'s insurance does not under Texas law.

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  • Fault for improper lane use accident

    My husband got in to an accident about two weeks ago. He was turning left out of a business on to a five lane road (two lanes on each side and a two-way left turn lane in the middle). Traffic was backed up and the two lanes of traffic stopped to...

    Jack’s Answer

    You do not indicate if a police report was prepared and if any citations were issued. However, I tend to agree with your assessment of this situation as the center turn lane should not be used for travel, but there remain issues about what was your husband's field of vision and whether or not he should have seen the vehicle approaching, even if it should not have been in that lane of traffic. Generally since your husband was attempting to cross traffic he has a duty to do so safely.

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  • What is the next step I should take if I do not respect the settlement that the insurance company offers me??

    An elderly lady slammed into my rear passenger corner panel of my vehicle while I was stopped at a red light. There was another driver on the road that was on the phone with 911 reporting her as a reckless driver and witnessed the whole thing whil...

    Jack’s Answer

    The advice offered by others to your question is sound. I would add that in my experience your insurance may be more generous in its offer of value than the opposing driver's insurance. For that reason you may wish to claim this loss on your coverage and allow your insurance company collect your deductible from the negligence driver's insurance. Also, if you think you are injured in any way go to a medical professional at once and get evaluated. You must prove you are injured and the best way to do that is with credible medical evidence to support an injury.

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