Can I sue someone for damaging my car even when no physical injuries were sustained from the accident itself? Depending on the circumstances, many car accidents can cause substantial property damage and, with it, lead to monumental expenses. It is also necessary to seek medical help to be sure, even if you think you are not hurt. Some injuries are not immediately visible and are only discovered later.
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Can I Sue Someone for Damaging My Car? Important Things to Do
1. Pursue an Insurance Claim
Filing a lawsuit should always be the very last option for the car owner and never the first. Even small claims can take months to process. First, there may be insurance coverage.
- At-fault driver: This is the first place to look. If the at-fault driver has insurance, there would perhaps be at least some sort of coverage for property damage.
- Your own insurance: Look at what’s available under your own policy.
- “Full” coverage: If you carry comprehensive and/or collision, you can collect against your own policy for the damage to your car.
- “Liability-only” policies: If all your policy provides is the state minimum, there is no coverage for property damage to your own vehicle.
- Any at-fault non-driver: Sometimes accidents happen, and no driver is at fault. These may include incidents like damage from animal strikes, dangerous potholes, and the like. Sometimes, incidents can cause huge damage to a vehicle and an occupant. But whether insurance will cover damages from such incidents will depend on the special facts of each case.
2. See a Property Damage Attorney
If insurance refuses to cover the damages or the claim has been denied, consult with an attorney, a law specialist who deals with property damage claims.
Here is how an attorney can help: Review one’s case to determine fault and what course of legal action might be appropriate (if any), including whether you can sue someone for damaging your car. Collect evidence for the case. Negotiate a settlement for property damage or pursue litigation. It should be noted that if a person’s property had been damaged from an accident but he or she sustained no physical injuries, he or she would be ineligible to file a personal injury claim. Simply put, if the collision did not result in physical injury, there is no personal injury claim to pursue.
3. File a Lawsuit
Typically, vehicle owners who do not have insurance coverage or do not cover damage refer to the filing of lawsuits to recover damages.
- Minor claims court: Small claims may be a viable option if the damage caused to your car is within the small claims court amount for your state. Each state imposes its own small claims limit, which determines whether or not you can file a claim with the small claims courts. The advantages of using small claims include the cheaper cost of filing, simplified court procedures, and the lack of requirement for hiring a lawyer.
- Associate / Circuit court: A potential lawsuit becomes much more difficult if you are priced out of small claims. Associate courts or circuit courts, which have jurisdiction over larger amounts, are not user-friendly. If damages exceed the limit of a small claim, here are your options:
- Hiring an attorney: Although hiring a lawyer may seem easy, many drivers discover that lawyers who handle “property damage only” claims charge by the hour. Occasionally, this is the smart choice, but for most drivers, the cost of hiring an attorney outweighs any possible advantage.
- Going “pro se”: While you can represent yourself (aka “pro se”), you will be expected to understand the ins and outs of legal procedures just as a licensed attorney has to.
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Frequently Asked Questions: Can I Sue Someone for Damaging My Car?
1. If I Were at Fault, Could I Recover for Property Damage?
If you caused the accident, your own insurance company could pay some of your property damage. However, it depends on the type of coverage you have. If only liability coverage is applied, you will have to pay for your own repairs. But should your collision coverage apply, you will pay the deductible, and your policy will take care of the rest.
2. Is the At-Fault Driver Liable for Property Damage?
If the accident was caused by the other driver, then their insurance company should pay to repair your car, And If that driver does not have insurance, you can file for damages with your own policy if your own coverage has collision.
If the other driver’s fault and he is uninsured, in that case, only liability is available to you, so you will have to pay for your repairs. Uninsured coverage is available only for injuries, but not for property damage.
3. Are Rental Car Expenses Covered After an Accident?
If you don’t have any other vehicles available while your car is getting repaired (or totaled), you may claim reimbursement for the rental costs. If you are considering whether to sue someone for damaging my car, this is an important factor to keep in mind. Reimbursement can come from: Your own insurance policy. While it is included in “full coverage” insurance, car rental is an add-on that requires an extra monthly premium. The other driver’s policy. Even though the other driver was at fault for the accident, their insurance does not have to pay upfront for your car rental. Though some companies choose to do so, most of the time, they reimburse after the fact. Insurance companies also cap the maximum daily reimbursement, so it’s wise to select a less expensive rental option to meet your needs.
Final Thoughts
Can I sue someone for damaging my car even if I was not physically injured? The first step here is usually approaching the insurance companies, whatever is applicable, starting with the at-fault driver’s insurance policy and then your own, if collision or comprehensive insurance applies. In situations where the insurance is unavailable, insufficient, or has denied your claim, a property damage attorney will evaluate the fault forces, gather the necessary evidence for your claim’s success, and negotiate for a reasonable settlement.
Filing a lawsuit may also be an option if all things go wrong. This may be either in small claims court or the superior level, depending on the damage amounts. Though without physical harm, you have no avenue to file a personal injury claim, still, there are many avenues open to you for recovering your repair costs, rental expenses, and any other losses associated with damaged property.
If your vehicle was damaged in an accident and insurance isn’t covering the full cost, we at Tenina Law in Sherman Oaks can help you understand your rights and options. Our team is experienced in handling property damage claims and can guide you through negotiations or legal action if needed. Contact us today to discuss your situation and take the next step toward recovering the compensation you deserve.
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