You could sue someone for damaging your car if you are not hurt. However, this is not typically necessary. Crashes can result in costly property damage, including car repair. In most collisions, the at-fault driver is responsible for these expenses.
In some cases, you may want to discuss your options with a car accident lawyer near you. This is especially true if you have serious injuries or require medical care following your crash. It may also be necessary if you are struggling to prove fault and liability on your own.
You Do Not Have to Have Injuries to File a Claim
Many people assume personal injury claims only apply when someone has physical injuries. However, this is not true when it comes to property damage. A collision can cause significant damage to your car that requires repairs, or your vehicle might be totaled in a crash.
You have the right to seek compensation for repair costs, replacement value, towing, rental car fees, and diminished value of your vehicle. You can also recover compensation for other damaged personal property.
Of course, if you have any symptoms of injury, such as pain or swelling, you should talk to a personal injury lawyer about whether you can pursue compensation for additional losses based on your injuries.
Who Is Responsible for Paying for Damage to My Vehicle After a Crash?
In most cases, the person who caused the collision is responsible for paying for your property damage. This liability is true even in many states with no-fault auto insurance laws. If you can prove a driver caused your crash, you can file a claim under their car insurance policy and demand fair compensation.
It is important to remember that fault is a key component in liability, but the at-fault party is not always the only liable party. Sometimes, such as when the at-fault driver was working when the accident occurred, another party might be liable. For example, you will want to talk to an 18-wheeler accident lawyer if a truck driver caused your collision.
What Are My Options for Recovering Compensation for Damage to My Car?
If another driver caused your crash, you may have several options for seeking compensation. These options could include the following:
File a Claim With the At-Fault Driver’s Insurance Carrier
You will need to file a third-party property damage claim with the at-fault driver’s auto insurance provider. Along with the insurance claim, you will want to provide evidence that includes:
- The police report from the accident
- Photos or videos of the damages
- Repair estimates
- Other documentation of your related expenses and losses
The insurance company will assign an adjuster to the case. The adjuster will investigate the accident, assess fault and liability, and determine whether they will pay the amount you requested in your car accident claim. Sometimes, they will calculate their own total and make an offer for what they believe the value should be. You can negotiate with them to reach a fair agreement, if possible.
File a Claim Through Your Own Insurance
If you have collision coverage, you can file a claim with your own insurer regardless of fault. This can be a faster way to get your car repaired or replaced. It can also greatly reduce your stress if you are also healing from injuries. This choice can be especially helpful if the other party’s insurance company delays or denies the claim.
When you file with your own insurer, you may need to pay a deductible. They will subtract your deductible from the money they pay you. However, this deductible is often reimbursed if they can recover the money spent through subrogation with the at-fault driver’s insurer. Essentially, your insurance company pays your claim and then handles the at-fault driver’s insurer for you.
Sue the At-Fault Driver for Compensation
Under some circumstances, you may need to sue the at-fault driver for compensation to cover your damages. This could include:
- The insurer will not cover the full cost of your damages
- The insurance carrier denied the claim
- The at-fault driver was uninsured or underinsured
To win a case, you will need to prove that the other driver was clearly at fault in the auto accident. The value of your loss will dictate which court you will file your lawsuit in. You may be able to file in small claims court if your repairs are only a few thousand dollars.
The evidence you will need to support your case will likely include:
- Repair bills or estimates
- Photos of the damage
- The police report
- Proof of ownership and vehicle value
- Documentation of what caused the accident
If you win at trial, the court will order the other driver to pay for your damages. Each state has a time limit for filing a lawsuit. For example, Florida Statutes § 95.11 sets a deadline of two years for any damages caused by someone else’s negligence.
What If the At-Fault Driver Was Uninsured?
If the at-fault driver has no insurance, you still have a few options for seeking compensation. Your options could include:
- Your own collision coverage, although this will likely cost you a deductible
- Uninsured/underinsured motorist coverage that includes property damage, which is available in some states
- You can sue the uninsured driver and ask the court to award damages
You can discuss your options with an attorney familiar with handling car accident cases in your state. The options can differ based on state laws, insurance regulations, and the types of coverage available.
Talk to Our Team About Your Car Accident Property Damage Case
If you are running into issues recovering compensation for your car accident damages, you can discuss your options with a car accident lawyer. At GED Lawyers, we can assess your options and help if you are facing pushback on liability or only receiving lowball offers.
Our team provides a free consultation for accident victims. We have over $100 million recovered for our clients. Contact us today.
