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[ajfarms1]

What is the name of your state (only U.S. law)? Texas
I loaned a piece of farm equipment to someone about 18-20 months ago and it was returned damaged. I did not sue my friend at the time but am now considering it. Has it been too long ? Thanks so much!

 

[sandyclaus]

What is the name of your state (only U.S. law)? Texas
I loaned a piece of farm equipment to someone about 18-20 months ago and it was returned damaged. I did not sue my friend at the time but am now considering it. Has it been too long ? Thanks so much!

I can't find the specific statute, but I believe you would have about 2 years from the loss to claim damages.

Remember that you cannot sue for the full replacement value, but only the DEPRECIATED value of the item at the time that the damage occurred.

Why have you waited this long before deciding to pursue legal remedies?

 

[ajfarms1]

The man is my dad. His liability insurance said that was not covered. My insurance paid, but not for all repairs needed. Damages were over 12000 and my insurance paid 9500, I suffered a 3000.00 dollar loss. I heard if I sued my dad in small claims, his insurance would have to cover him.

 

[racer72]

The man is my dad. His liability insurance said that was not covered. My insurance paid, but not for all repairs needed. Damages were over 12000 and my insurance paid 9500, I suffered a 3000.00 dollar loss. I heard if I sued my dad in small claims, his insurance would have to cover him.

Did you sign a release when you settled with your insurance company? If you did, read it very carefully. If may be required to repay your insurance company anything above what you have already settled for. And no, his insurance would not have to cover him, especially if they have already denied coverage.

 

[latigo]

I can't find the specific statute, but I believe you would have about 2 years from the loss to claim damages.

Remember that you cannot sue for the full replacement value, but only the DEPRECIATED value of the item at the time that the damage occurred.

Texas Practice and Remedies Code, Title 2, subtitle B, Chapter 16, subchapter A – Limitations of Personal Actions

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) . . . . . a person must bring suit for . . . . injury to the . . . the property of another . . . . not later than two years after the day the cause of action accrues .

Why have you waited this long before deciding to pursue legal remedies?

Laches, defense of:

An unreasonable delay in asserting a right, which causes prejudice for an adverse party if assertion of the right is permitted. Butler vs. Holman 146 Cal.App.2d 22; Latta vs. Western Inv. Company 173 F.2d 99 ad infinitum

 

[ajfarms1]

The machine that was damged was only a couple months old and as new condition. the repair estimate was actually more than replacing with new so I scrapped the machine and bought a used one.

 

[justalayman]

what you did with anything or what you bought is irrelevant. What your damages are are what they are and in your case, it would be the fair market value of the machine at the time of the damage.




You need to know why his liability insurance denied the claim. If it was because his policy simply does not cover the damages in the situation, then suing dad won't make any difference.

 

[ajfarms1]

does texas liability allow defendant to pay damages or fair market value? also does lost business and other losses and expenses directly resulting from the incident become due also?

 

[justalayman]

damages are damages. fair market value is simply a means to determine the amount of damages one incurs. The reason one uses fair market value to determine the loss when there is a total loss of the equipment is because that is what it would cost to replace the lost equipment.

also does lost business and other losses and expenses directly resulting from the incident become due also?

depending on the situation, losses such as you speak of might be a possibility but you really need to understand what mitigation of damages is. Once it is determined the equipment was a total loss, it was your duty to mitigate your damages by replacing the equipement. If you failed to do so, you do not get to claim those additional losses as damages.

the other requirement would be you would have to have actual losses directly attributable to the damage of the equipment. Given the situation, I find it very difficult to imagine a situation where you could not replace the equipment quickly enough to reduce or remove the possibility of business losses.

 

[ajfarms1]

the piece of equipment damaged was a hay cutter. when the weather is right one or two days without being able to beat mother nature can be very costly. I lost sveral cutting and baling jobs not being able to get there in time. Not sure what the total loss would be, I have to contact the customers and find out the production numbers from that cutting they hired someone else. There was not a new cutter similar to mine available immediately that is why i purchased a used one.