A family was driving to Disneyland. They got their tires checked and headed out from Texas. When they got to Louisiana, the tire either blew out or came off and the car flipped. Their insurance company will not make any claims because Louisiana Statute is one year and the accident happened in July 2011. The owner resides in Texas and the policy was bought in Texas. Does Texas Statute apply. They just happened to be passing by in Louisiana what if they were in a State that has 3 year Statute. Should they file against their insurance in Texas
Will depend on the type of case being pursued and the nature of the claims. Contact a Dallas lawyer to discuss the claim ASAP to determine if there is still a claim. Your question does not contain enough information to answer the question with any definitiveness.
Texas has a two year limitation period and if the negligence in over-filling a tire or not securing lug nuts, the cause of action would be against the Texas defendant. Was anyone injured? Feel free to contact my law firm. We handle personal injury cases throughout Texas where there are serious bodily injuries (requiring hospitalization). I am a former police chief and former assistant district attorney. I am from Dallas. Feel free to call me at no obligation.
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You may be able to bring the case in Texas if the defendant is considered a Texas "resident" consult a personal injury attorney ASAP. The statute in Texas is 2 years for adults.
All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.
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