How long do I have to sue from a car accident that resulted in no body injury?

Question

10 months ago I drove over a long pipe that fell from an oil company's truck on the interstate. I didn't see it because there was a curve on the interstate and I didn't want to change lanes & hit someone. In my car was me pregnant, an elderly, and my 10 month old, but no one was injured.

I have an appraisal for $3200 and $800 additional for extra areas that they miss. The company allows only $3200 that they will pay directly to the car dealer.

I don't want to accept the offer that is less than total and considering taking a lawsuit. This occurred in the state of LA.

Question is how long do I have to sue (I think one year)?

Is it one year for start of asking for suit OR closing of case?

Second, do I have a chance considering their company didn't secure their equipment properly?

Third, if I sue, can I do it in an amount more than appraised?

I know it's been a while, but I disapprove of their actions.

Answer 1

get a lawer

Answer 2

You aren't going to get anywhere with the other insurance co.  Contact your agent or your insurance company.  Make sure they are aware of the difference in price.  They should be reimbursing you for the amount and then they go after the other company.  This is the whole reason you pay insurance to them.  They could also send out another insurance appraiser to reinspect.  By going to small claims, they'll want you to go through the insurance company.  If you try to sue, you'll have to get a lawyer and you know what they are going to charge.



Contact your insurance company.  If they are no help, definitely look into changing your policy with them.  

Answer 3

If the $800 wasnt related to the accident, then the company does not have to pay for it.

Answer 4

If it is one year in your state, you have to file the lawsuit by then, it doesn't have to be "closed" by then.  You should file as soon as possible.

You have a chance if you can prove that it was their pipe, that they didn't secure it properly and that you were damaged by the pipe.

You cannot sue for more than your actual damages.  Since no one was injured, you are suing only for the damages to the car.

You may be able to sue in small claims for the $4000, depending on the limit in your state.  If you can't sue for the full $4,000 in small claims, you are probably better off to take the $3200, as filing in a higher court is more complicated and you may need a lawyer to help figure it out.