Legal Question in Personal Injury in Texas

I was in a wreck caused by the city leaving their sprinklers on and the water freezing overnight. I slid into a light pole and insurance has said my car is totaled. I now have a $500 deductable plus the difference in what I owe on the car vs. what insurance says it's worth. (Did not have GAP) Residents get fined for leaving their sprinklers on when it freezes. Do I have a case?

Asked on 12/17/12, 11:48 am

1 Answer from Attorneys

Roger Merrill Merrill & Associates

Maybe. the problem is that your damages do not make it economical for you to hire an attorney. You need to send the City notice of your claim. Describe what happened: where, when (including hour of the day), and how. What your damages are: the total loss value, not the deductible. Tell it that it's negligent use of property caused your damages. Send your letter by certified mail, return receipt requested.

You need to send the notice asap. Time requirements for notice vary from city to city.

Talk to your insurance agent. Your insurer may want to pursue this claim and, if so, might collect your deductible for you. If not, it can tell you when you are free under your policy to work on recovering your deductible; but send the notice letter out now.

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Answered on 12/17/12, 12:00 pm

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