Expert: Doctor Settlement - 4/18/2006

Question
Ok, here goes.  I purchased my (first ever) new car on 9/3/04. 2 days later, it was parked parallell in front of a restaurant in Austin, Texas and a drunk driver hit it.  She was cited it for DWI.  The frame was damaged and rather than total and replace my car, the company demanded that I have this procedure where they cut the frame in half, and weld on a new back end that is supposed to be as safe as the original. I don't know why I said ok, I guess I just wanted my brand new car back.  Several months later, I filed a diminished value claim, paying $600.00 out of my own pocket for an indipendent appraisal.  The value loss was just over $4800.00.  I sent this in to the insurance company and 2 months later they sent back an offer for $2,000.00.  The person I hired to help me with the DV claim drafted a letter and I sent it off.  Then, I heard nothing from the insurance company.  Eventually, I lost touch with the hired helper too.  Now, I am ready to sell my car, and I want to settle this claim out.  I have talked to the company every day for the past few weeks, resent the appraisal, so forth.  Today, I got a call from the manager saying he was sorry, but the statute of limititions has run out, and they would only be able to offer me NOTHING!!!  I don't think it was my fault they sat on it for so long, but it was my fault I didn't follow up at all.  PLEASE HELP!! What do I do?

Answer

Dear April,

Sorry to hear of your predicament.  Do I understand you to say that you are going after the tortfeasor's insurance?  What about making a claim under your own policy?

As to the tortfeasor's claim that the statute has run, I have four responses.

First, have the adjuster cite the law for you.  Tell him you would like to know his legal authority.  I believe that for personal injury torts the statute of limitations in Texas is two years, which would give you another four months if this were an injury claim, and I can't believe that the legislature made the property damage statute for a much shorter time.  

Second, tell the tortfeasor's adjuster that they gave you an implied waiver for an extension by continuing to negotiate without giving you a warning that the statute would be expiring.

Third, get ahold of your state insurance commissioner ASAP and file a complaint NOW.  Note the argument presented in the prior paragraph. Here is the link from my website: http://www.settlementcentral.com/links.php

Fourth, explore with your own company the prospects of opening a cliam under your collision coverage.  If they say that you waited too long to tell them about it, then ask them to tell you how they were prejudiced by your having waited.  Consider involving the Insurance Commissioner to get after them.

For additional information about the statute of limitations, along with some ideas on extending it, go to my website here:
http://www.settlementcentral.com/page0452.htm

I trust that the foregoing has been of value to you and so I would respectfully request that you find the form on this website and leave me some feedback.

Best Wishes,

Dr. Settlement, J.D.
www.SettlementCentral.Com