4

A guy hit my car about 3-4 months ago, it was fairly minimal hit on my front passenger door. since it was his fault, he offered me to help me by fixing it at his dad's for free rather than calling insurance and I didn't wanted to make big deal out of it. I went and his dad said it'd take 2 weeks to get the parts, and after that he wasn't responsive and when i contacted them after 2 weeks, both son and father weren't responding. since i could still drive the car, thought never hit my mind that he would rip me off, and today when I went to his home (where he promised me to fix my car), he said it was too late for me to file anything legally, What's my legal approach? I have voice recording of today's conversation where he said that i couldn't do anything legally, not-in-words but he pretty much admitted he did that.

i live in irving, texas, usa.

4

He is mistaken.

The statute of limitations for suing someone for a car accident, and for enforcing an oral promise, are both far longer than 3-4 months.

You could get an estimate of the damages, report it to his insurance company, and, if the insurance company does not cooperate promptly, bring suit in a court of limited jurisdiction or a small claims court.

Even if you don't retain a lawyer to take on the case for you fully, if you need to sue, you should hire a lawyer to coach you on the high points of how to represent yourself in this case, particularly with regard to how to fill out the Complaint, how to serve the other driver with process, and what evidence you need to present in what manner a trial.

  • 1
    We have voice recording of our last conversation. We did not obtain that voice recording in his knowledge, is that enough evidence to go to court? – Prakash Aug 9 '17 at 7:26
  • 3
    @Prakash Texas is a one party consent state. You do not need to inform the other person if you are recording them. – Ares Aug 9 '17 at 12:08
  • 2
    I wouldn't worry about whether or not you have a recording. Just contact his insurance company and file with them. If they fight it, sue in Justice Court. Texas doesn't really have small claims courts any more so they call them Justice Court. File a one page complaint at the JP precinct where he lives, or where the accident occurred. The JP court will tell you how to serve him - you can ask if it's ok to use private process servers or you have to get a constable. Some JP judges will allow it - it's up to the judge of that court - some will just tell you that they can't give legal advice. – mark b Aug 9 '17 at 16:50

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.