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Timothy L Williams
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Timothy Williams’s Answers

51 total


  • I'm 23 yrs at-fault excluded driver with no DL and had a minor accident with a car and a commercial vehicle.

    There was no police report done or involve, and the drivers didn't take my information DL, just the vehicles insurance. I let the driver of the car I hit that i'm an excluded driver and is more likely for the insurance to not pay but i'm willing t...

    Timothy’s Answer

    I'd call the insurance company for your car first, just to be sure whether the accident was covered or not. You don't want to prejudice your carrier if it happened to be a covered event. The other driver may turn the claim over to their insurance company for payment, in which case said insurance company will likely first contact your insurance carrier, then depending on your insured status, contact you directly if there is no coverage. Insurers generally don't jump straight to a lawsuit; they try to make their claim for reimbursement outside of the court system first, as it is less costly and more timely. Granted, things may be different in Texas than they are here in Oregon, but that's generally the way things go. You may be well served running it by a Texas attorney who might be willing to give you five minutes of their time, as they will be more familiar with Texas law and standard operating procedures than I. Luckily, it sounds like nobody was hurt. Best of luck.

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  • Do I need to re-serve my Motion? Was service done properly?

    Motion was sent to client's attorney in another state, who had accepted service on client's behalf in the past. Attorney signed and accepted the Motion but later claimed it was not served properly. He claims since the Motion required Personal Se...

    Timothy’s Answer

    This will presumably be answered by looking at the rules of civil procedure for the state in which the action is pending. I believe, but may be mistaken, that the venue's rules of civil procedure concerning service of pleadings will control, even if the opposing party resides in another state. While the rules (and cases interpreting them) can be confusing, I'd recommend simply calling a civil litigation attorney in your area to double check. He/she could also give you advise on how to handle the opposing counsel's objection to service with the court. Best of luck.

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  • How much should I settle for in an auto accident claim rear-ended low speed? Scratch on bumper and headaches.

    I was driving my sisters Lexus SUV and another driver rear-ended me going a a slow speed. The only visible damage was a scratch to the bumper but I know there could be lots of other issues with the car since the impact. It does not seem to be driv...

    Timothy’s Answer

    Unfortunately, the only way to make them do anything is to consult with a lawyer. Adjusters love MIST cases (Minor Impact, Soft Tissue). "No crash, no cash" goes the insurance mantra. However, any seasoned personal injury attorney could tell you, injury is common in low speed collisions, primarily because the crumple zones of the vehicles don't absorb the forces involved in the impact. Your claim is going to turn on the amount of property damage involved, your subjective symptoms, your objective findings, your course of treatment, the length of time your symptoms lasts, and the venue in which you can file your claim. It's complicated, for sure, but nothing a seasoned lawyer in your state couldn't help you navigate.

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  • Auto dealer claims clean title cars but mine has been in an accident.

    The dealer claims clean title cars but the truck I am paying for has been in a accident and has safety issues. I bought it in June of 2013 still making payments, 2 months ago the front passenger tire came off as I was driving had the maniacal part...

    Timothy’s Answer

    Sounds like negligent misrepresentation, or worse. Perhaps an unfair trade practices act violation as well, assuming your state has such a law. Did Carfax turn up anything? You should talk to a local attorney on this, ASAP!

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  • I slipped and fell in a store on some icey water when I fell My head went hit the glass wall very hard and twist my ankle.

    Its been two years my lawyer filed a lawsuit and im wondering what is going to happen at court or will the store I fell in finally settle?

    Timothy’s Answer

    Mr. Donaldson is correct. In most jurisdictions, you must be able to prove that the substance on the floor was either placed there by a store employee, that the store knew about it, or that the store should have known about it had it been paying proper attention. The fact that there was still ice in the water indicates that the water was there for only a short while - not long enough to melt the ice that was spilt with it. I would consult with your lawyer to be sure, but I suspect that it is the liability aspect that is causing your case to drag on.

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  • Is there a website that has the remaining MASEP schedule for 2012?

    I missed my court ordered sessions on july30, August 6, August 13, & August 20 due to out of state work

    Timothy’s Answer

    I don't know if they post their schedule, but I imagine that you could simply call and ask. Here is the link to their contact page: http://www.ssrc.msstate.edu/divisions/masep/?page_id=360

    You may also want to talk to someone about missing court ordered sessions, as I don't know what impact that may have on your case. Best of luck.

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  • If pecans from my tree fall into my neighbors yard who ownes the pecans ?

    The tree is on the property line but on my side, there is a fence on the line to mark it. neighbor says the pecans are his because they are on his land, I say they are mine because the trees are mine

    Timothy’s Answer

    The answer to that question varies by jurisdiction. If the pecans mean a great deal to you, I would consult with a local attorney knowledgeable in this area of law. He or she will likely know the answer within minutes.

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  • Car had a flat. Called car manufacturer's roadside assistance. Person sent damaged car. Who is responsible for the repair?

    Had a flat tire and called the automobile maker's roadside assistance. They sent someone from another company to fix the flat. Person ended up damaging car ($1600) plus I had to rent a car to use. Who is responsible for paying for the repair: ...

    Timothy’s Answer

    Most likely the company of the person who did the roadside repair would be liable. In all likelihood, the roadside assistance provider has a contract with that person, and in the contract, that person agrees to remain liable for any and all damages. If the roadside assistance company knew that this person was damaging others' cars, and called him/her in anyway, despite the knowledge, then a stronger claim against roadside assistance would lie. I would contact both companies just to be safe, but in the end, it will likely be the company of the person who damaged your car who will be liable.

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  • Do I need a medical malpratice lawyer?

    I had full hysterectomy in late my 30's. Three years later I find out my estrogen levels are that of someone 30 years older than me. In that three years I suffered from symptoms of depression and anxiety that affected my work. Concentration was ha...

    Timothy’s Answer

    Sounds you like you need to consult with such a lawer, at the very least. Because these types of cases are quite complicated, the lawyer will need to determine whether or not your doctor met the standard of care applicable in your state, as well as the realistic vaule of your damages. That often requires consulting with an expert in the field. Best of luck!

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  • Hello someone wrote a blog about me that not true and its slanderious what should i do to get it removed

    there is a blog thats not true and i want to get it removed but i tried looking up the sites master but there is no number or address please help

    Timothy’s Answer

    Contact a lawyer who is knowledgeable in this area to 1) find out who owns the site (all sites are registered and have contact persons in charge of such issues), and 2) draft and send a cease and desist letter. You may have an actionable case for defamation, but I wouldn't know for sure, as I am unaware of the context, any damages, and your state's specific laws in that area. Best of luck.

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