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A year ago I was rammed 3-times from the rear of my car by a vehicle that immediately left the scene. Can I still sue?

Desoto, TX |

Backing out of a driveway into clear traffic, I slowly started forward when I noticed a pickup that had been parked on the side of the street pull out and up behind me. The driver began to honk his horn impatiently then rammed the back of my car until I was pushed clear of the cars on either side of the street. He then took off at a high rate of speed. While waiting for the police to arrived, 30-45 minutes later, I was told by witness's that the driver of the truck that hit me lived just down the street and when they (police) arrived, a man driving the pick-up was returning to his residence. I gave this info to the police and they verified that the same paint from my vehicle was on his grill but could not approach the driver for lack of identity. I had to pay my $599.00 deductible

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Attorney answers 9


The limitations for initiating litigation are typically 1 year however you should contact a local attorney to discuss any provisions that might be in place in this regard. Best of Luck.

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Consult a local attorney especially if you sustained injury.


Contact an attorney ASAP as there are time limitations to bringing these claims.

Call for a free consultation at 727-937-1400 or visit us on the Web at


Sue for?

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


If you were not injured, it would appear that bringing a lawsuit would not be of any value. If you were injured, consult with a local personal injury attorney.


Small claims court.

Only 29% Contingency Fee! Phone: 215-510-6755


Your insurance company should be seeking recovery from this driver and should take the lead. You have paid the insurance company for this duty. Talk to your subrogation department of your insurance company to be sure they are moving forward. If they aren't doing so, ask them to assign their right to you and your attorney to take action. However, the insurance company should have the resources to do this more efficiently than you. Once they collect, then they will reimburse you a portion of the recovery to reimburse you for your deductible.


Can you still sue? Yes, the statute of limitations in Texas is two years from the date of the incident, so you still have time to file a suit.

The harder question to answer is, "should you sue"? If you're only after $599 of out of pocket expenses, you are probably going to find it difficult to hire a lawyer as the cost of the lawsuit alone is $250. Your insurance company is also not likely to exercise their rights of subrogation for a property damage only case for the same reason, there is not enough money involved to justify paying a lawyer to pursue your neighbor.

You also might encounter a problem with your neighbor's insurance coverage, because you have described an intentional road rage type of event rather than an accident. Auto insurance coverage covers you for your own negligence, mistakes in judgment, or even very bad judgement, but if you get really angry and ram someone else's car three times on purpose, your auto insurance company won't cover you for that.

So, you are facing a tough decision. You can sue, but at the end of the day you will spend $250 in court Cost and get a Judgment against him for $599 plus the $250. His insurance is unlikely to cover that loss and it will be difficult to collect even a small judgment from him, but not impossible.

But then finally there is the practical advise of dealing with crazy people with anger issues, and this is where as a lawyer, we have to explain to our clients that while we might be able to help you from a legal technical standpoint, as a practical matter, do you really want to go there. Personally, if I had an angry, crazy person that lived just down the street from my house, I'd probably do nothing further to provoke another angry response from that person.

So, to answer the easy question, do you have time to sue, yes, you do. The more difficult question is "should you sue" and the answer to that question is more difficult and really and truly probably something you have to answer for yourself, but a local lawyer should be willing to consult with you about your options.

Good Luck to you.


If your facts can be proven, and if the driver has assets, then your case may be worth pursuing for punitive damages. I would consider contacting an attorney regarding this case. If you would like to talk about these facts, free of charge, call me.

Nothing in this response is intended to be construed as legal advice. For advice regarding your specific legal matter, please contact me at (325) 718-9120.

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