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  1. #1
    Join Date
    Feb 2014
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    USA
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    90

    Default Apartment Complex Did Not Maintain the Property and Their Speed Bump Damaged My Car

    My question involves an injury that occurred in the state of: tx,


    I took pictures to prove that they did not upkeep the property and have time stamps on both sets of photos both of when the event occurred and when they decided to make repairs, another person saw me drive over the speed bump at the right speed and saw the car go down because the tire was sliced by the damaged speed bump. Their claims adjuster denied my claim when their speed bump damaged the underpart to my car. So it looks like I'm going to need to sue them in small claims court for the damages to my car. A attorney on avvo told me that I'm within my right to take them to small claims court over the situation and demand that they make me whole on the situation.

    What paper work do I need to file with the small claims court to get the ball rolling, as there's most likely a statute of limitations?


    Also do I need to get a subpoena for the witness who saw the event happen also?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,436

    Default Re: Apartment Complex Did Not Maintain the Property and Their Speed Bump Damaged My C

    What paperwork did the attorney on avvo tell you, you needed?

    A review of the post hx is enlightening.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,247

    Default Re: Apartment Complex Did Not Maintain the Property and Their Speed Bump Damaged My C

    Quote Quoting D-town
    View Post
    My question involves an injury that occurred in the state of: tx,


    I took pictures to prove that they did not upkeep the property and have time stamps on both sets of photos both of when the event occurred and when they decided to make repairs, another person saw me drive over the speed bump at the right speed and saw the car go down because the tire was sliced by the damaged speed bump. Their claims adjuster denied my claim when their speed bump damaged the underpart to my car. So it looks like I'm going to need to sue them in small claims court for the damages to my car. A attorney on avvo told me that I'm within my right to take them to small claims court over the situation and demand that they make me whole on the situation.

    What paper work do I need to file with the small claims court to get the ball rolling, as there's most likely a statute of limitations?


    Also do I need to get a subpoena for the witness who saw the event happen also?
    This is general advice, but my experience with small claims court is that you go down there an tell them what you want to do, and they give you the paperwork to fill out right there.

    If your witness is willing to testify, you don't need a subpoena. Those are only for reluctant witnesses.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,004

    Default Re: Apartment Complex Did Not Maintain the Property and Their Speed Bump Damaged My C

    Quote Quoting D-town
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    I took pictures to prove that they did not upkeep the property and have time stamps on both sets of photos both of when the event occurred and when they decided to make repairs,
    When they repaired the speed bump is irrelevant. You will have to prove that the owners of the property knew, or should have known, that a hazard existed and failed to remedy the hazard, the hazard then causing the damage to your car. That's negligence law at its most basic.

    Describe the condition of the speed bump at the time of the damage to your car. You can't post photos here. Can you post them on a hosting service and provide a link?

    Can you prove whether the owners were ever notified of the condition of the speed bump? Or perhaps show that routine maintenance should have spotted the condition?

    Quote Quoting D-town
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    another person saw me drive over the speed bump at the right speed and saw the car go down because the tire was sliced by the damaged speed bump.
    That's helpful to prove the when and the where. Would that witness be able to say how long the speed bump was in that condition?

    Quote Quoting D-town
    View Post
    Their claims adjuster denied my claim when their speed bump damaged the underpart to my car.
    Did he say why? A denial is usually accompanied by a letter explaining the denial.

    Quote Quoting D-town
    View Post
    So it looks like I'm going to need to sue them in small claims court for the damages to my car. A attorney on avvo told me that I'm within my right to take them to small claims court over the situation and demand that they make me whole on the situation.
    Sure, you have that right. Doesn't guarantee that you will win.

    Quote Quoting D-town
    View Post
    What paper work do I need to file with the small claims court to get the ball rolling, as there's most likely a statute of limitations?
    Also do I need to get a subpoena for the witness who saw the event happen also?
    Your local court has forms and instructions, possibly on its website. The SOL for property damage lawsuits in Texas is 2 years. You don't need a subpoena for the witness if the witness is willing to come to court and testify. Have you asked the witness? If there is any doubt or reluctance as your trial date gets close you'll want to serve the subpoena anyway.

    What part of your car was damaged and how much will it cost to fix? Did you get an estimate? Do you have photos of the damage under the car?

    Quote Quoting cbg
    View Post

    A review of the post hx is enlightening.
    It is. But you know how much I like discussing insurance claims.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,422

    Default Re: Apartment Complex Did Not Maintain the Property and Their Speed Bump Damaged My C

    Quote Quoting D-town
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    I took pictures to prove that they did not upkeep the property
    Who are "they," and in what regard did "they" not keep up the property?


    Quote Quoting D-town
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    another person saw me drive over the speed bump at the right speed
    Does this person have any expertise or training in how to determine the speed of a passing car?


    Quote Quoting D-town
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    and saw the car go down because the tire was sliced by the damaged speed bump.
    If the speed bump was damaged to the point that it could "slice" your tire, how is it that you could not see the damage? How long had the speed bump been damaged in this regard? Is it something you regularly drive over at least once per day? Do you have any evidence that the landlord had actual knowledge of the damage?


    Quote Quoting D-town
    View Post
    Their claims adjuster denied my claim when their speed bump damaged the underpart to my car.
    What were the reason(s) given by the adjuster for denying the claim?


    Quote Quoting D-town
    View Post
    So it looks like I'm going to need to sue them in small claims court for the damages to my car.
    Again, who are "them"?


    Quote Quoting D-town
    View Post
    What paper work do I need to file with the small claims court to get the ball rolling, as there's most likely a statute of limitations?
    There is unquestionably a statute of limitations, and I believe it's two years. Are you anywhere close to two years since this incident occurred? As far as paperwork, I suggest you google "[name of your county] texas small claims court."


    Quote Quoting D-town
    View Post
    Also do I need to get a subpoena for the witness who saw the event happen also?
    If you want him/her to testify, yes. Certainly, the witness could voluntarily appear without a subpoena. However, if he/she tells you that he/she will appear and then doesn't show up for some reason, you'll be s*** outta luck without a subpoena.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,663

    Default Re: Apartment Complex Did Not Maintain the Property and Their Speed Bump Damaged My C

    A few questions about your vehicle.

    1. Has your suspension been modified in any way?
    2. Is your suspension OEM or aftermarket, and if aftermarket is it DOT approved?
    3. Is your suspension worn or in need of repair?
    4. Are your shocks/struts OEM or aftermarket, and if aftermarket, are they DOT approved?
    5. Are your shocks/struts worn or in need of repair?

    If you answer that all components are OEM and not worn or in need of repair, you may just need an independent mechanic to to vouch for that.

    If you answer that they are aftermarket or parts that are in need of repair, you may just have an uphill climb.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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