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.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Contact an attorney ASAP as there are time limitations to bringing these claims.
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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 www.nyelderinjurylaw.com
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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