Can I sue regarding a car accident?

UPDATED: Oct 1, 2022

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Can I sue regarding a car accident?

I was sitting at a red light over 1 1/2 years ago and a drunk driver flew into my car and totaled it. She was arrested for DWI; her next court date is next month. I was wondering if it is too late to sue her for the damages? My car was almost paid off but she totaled it so I had to buy a new car and start over on payments. I went through my insurance because I was advised by my adjuster to do so when filing a claim.

Asked on August 24, 2018 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state (TX), you have up to 2 years to sue for damage to personal property (like a vehicle), so you are still in time to sue. You can sue for any costs or losses not paid by your insurer, like your deductible or any rental (if you had to rent a car for a ressonable time after yours was totalled) or towing charges not paid by the insurer. You cannot sue for amounts relating to "start[ing] over on car payments" or finance charges, taxes or fees for a new car, etc.--the law doesn't compensate you for the cost to acquire a new vehicle, only for the value of the old ones and out-of-pocket costs directly affiliated with the old vehicle (like rental or towing).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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