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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5745
Experience:  20 years professional experience
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A drunk driver driving a f350 drove through my store front

Customer Question

A drunk driver driving a f350 drove through my store front 6/15/14. His company had insurance with State Farm and I filed an initial claim ($15,000) to start the repairs. Long story short, I am in a very rural area and it is difficult to get good trades to do repairs. I went through 4 glass companies, numerous carpenters, four sets of doors,three claim adjusters and one lawyer etc (still not working) till someone told me the statue of limitations was 2 years..Beginning of June this year I filed another claim with State farm for about $22,000. An adjuster called me said she had claim and she would handle it. We went thru what she said she was paying and what she said they do not pay. And what she wanted more quotes on.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Sorry, I hit enter before I finished with problem. I am in Texas and this has nothing to do with employment. to finish my story I went to work on documentation and on 6/14/16 after not sleeping for 2 days I sent her 42 pages of documentation for $32, 000. I included sales tax, shipping, installation, forgotten items, business loss and devaluation of my 100 year old building. She called my on 6/15 but when i called her back she was gone for the day. I called her on 6/16 and she told me state farm was not paying me any money because my claim was not paid the 15th.. I was in total shock being an accountant believing once you had a liability on your books it should be paid. I called a public adjuster and he told me he could do nothing at this point, but I might be able to sue the landscaping company who the drunk worked for. the
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: This story is about 3 days long. state farm did every thing to get rid of me after the initial check. the only agent that would talk to me was extremely rude. would always just say PJ file with your own insurance company. and I would say no, they will only increase my premiums or cancel my policy. I even had an employee call, and he told me they were so rude he would not call them again for me
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Sec. 16.003 OF THE Texas Civ. Prac. & Rem. codes states:

"a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues." A cause of action accrues when a wrongful act causes a legal injury which in your case was on 6/15/14.

So, you had a duty to file suit against the drunk driver AND his employer on or before 6/15/16. If you file one now, the court will dismiss the suit because of this law above. I am sorry. I know this is not what you wanted to hear; but I am assuming that you are paying for an honest and professional answer. You may be able to sue the lawyer for your damages if he/she failed to inform you of this deadline as that may be considered malpractice .

Customer: replied 3 months ago.
Maverick, thank you for your reply. I don't know how I was given to an employment lawyer. I need someone with insurance experience. If I can not sue the company is there help anywhere else, Would the Texas attorney general office help me? Would the tx insurance comm help me? would a lawyer sue state farm for misinforming me?
Expert:  Maverick replied 3 months ago.

The initial questions are probably somewhat automated so please do not place much stock in that. I used to be an insurance defense lawyer for Allstate and Nationwide before I started representing "the people" against them. Missing the SOL is a very difficult thing to overcome and it is something that the law requires you and your lawyer to know; in other words the drunk driver's insurance company does not have any duty to look out for your interest as you have no direct contract with them. In fact, the have a duty to protect their insured from your claim. The AG's office and the Insurance Commission will likely prove to be of little or no help here. You best bet is to find out why your lawyer did not tell of this deadline.

Customer: replied 3 months ago.
i dont have an attorney
Expert:  Maverick replied 3 months ago.

I thought that you did because you stated:

" Long story short, I am in a very rural area and it is difficult to get good trades to do repairs. I went through 4 glass companies, numerous carpenters, four sets of doors,three claim adjusters and one lawyer "

If not, then this is one of the few instances where there is not much more that can be done. I have been doing this for 20 years and I can tell you the SOL is very difficult to get around under these circumstances. Once again, I know this is not what you wanted to hear; but I am assuming that you are paying for an honest and professional answer.

Customer: replied 3 months ago.
the first glass company's lawyer suing me. I wrote him a five page letter about all the problems with the storefront install and the office manager stealing my two front doors, and having to board up my business once again in the horrid texas heat. I never heard from him again. this first vendor was partially paid , and I am guessing by stealing two commercial doors they made money on the job
Expert:  Maverick replied 3 months ago.

Please state the specific legal question that you would like for us to answer so we can better assist you.

Customer: replied 3 months ago.
has there ever been a case in texas where someone has won some money after sol ,, and how and who was the lawyer?
Customer: replied 3 months ago.
maverick ,, i have been reading the statues on this sol. and they all say the claim must be FILED... (not paid) within 2 years. I filed before the 15th... how can they say they are not paying me because they have not paid me?
Customer: replied 3 months ago.
Mav i have to try to get some sleep, i will check back when i get up,,,,pj
Expert:  Maverick replied 3 months ago.

You are not seeing this clearly. The claim that must be filed within 2 years is the one with the court; not with the insurance company. So, even if you filed your claim with the insurance company right away, if the insurance company does not pay the claim within 2 years, then you must file a suit against the insured before 2 years from the date of the accident. There is no way a lawyer can win a case once the deadline is missed. In fact lawyers get sued for malpractice all the time because they missed the deadline to file within the 2 years because they forgot to mark it on their calendar or were too busy and overlooked it.

See this link

Customer: replied 3 months ago.
I guess you are right .. but I can't sue anyone ?? State Farm for not paying the claim??? the company, the drunk, the vendors that screwed up all my repairs. I am sick about all this... how am I going to repair my building??? I don't have the money. I am totally down ... I have to do something.
Expert:  Maverick replied 3 months ago.

You can try to sue the vendors for not making the repairs on a breach of contract theory as the statute of limitation on that does not expire till 4 years after the breach.

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