How to Sue Someone for Car Damages

This will depend on the jurisdiction and the unique circumstances of your case. For example, if you live in a no-fault state like Florida and someone damages your car in an accident, you will first need to file a claim with your own insurance provider. In Florida, all drivers must have Personal Injury Protection Insurance, also known as PIP insurance.

This insurance starts at $10,000 as the minimum and covers mostly medical expenses, lost wages, and property damage. However, this does not necessarily mean you can only recover $10,000 for property damage in Florida. If the damage was worth more than that, you might be able to recover a larger amount.

In most cases, you can. But you must first file a claim with your insurance insurer under your PIP insurance. Then, if the damages are worth more than what your insurance covers per your policy, you may file a claim with the other driver’s insurance provider to compensate you for the remaining amount.

Not necessarily. It all depends on the specifics of your case. For instance, if you file a claim with the other party and they agree to settle or even negotiate a reasonable settlement out of court, filing a lawsuit might not be necessary. On the other hand, you may need to file a lawsuit if the other party:

• Refuses to cooperate in out-of-court settlement negotiations;
• accuses you of causing the damages;
• undervalues your claim; or
• proposes a lowball offer and sticks to it.

The damages you may be able to recover will depend on the specifics of your case. For this reason, it is always advisable to involve an experienced car accident attorney.

That said, you may be able to obtain compensation for the time you spent pursuing the case. This includes attorney fees, the wages you lost, etc.

Hiring an experienced attorney to fight for you comes with many advantages. Here is how such an attorney can help in this particular situation.

The attorney will evaluate your case to determine whether you have a reason to sue the other party for car damage. Just because your car or any other property was damaged due to the accident does not necessarily mean you are entitled to compensation. Each case is different. For this reason, there is no standard approach for these cases, which is why you need legal representation.

As discussed earlier, a lawsuit is not always the only option to pursue such cases. An experienced attorney will review the unique circumstances of your case and determine the best way to approach it. For example, you may be surprised to discover that it is possible to negotiate with the other party’s insurance company without necessarily involving the court. This saves everyone the time and resources required to pursue the case in court.

Remember, you will need to fill out mountains of paperwork when you pursue a lawsuit against the other party. The paperwork contains legal lingo you may not be familiar with. You will need an attorney to break down these complex languages, some of which are designed to confuse you even further into accepting agreements you know nothing about.

In addition, lawsuits are time-sensitive. If you decide to go down this path, you must be aware of crucial deadliness. Having an attorney means you will not have to worry about such deadlines. This is because they know the rules and how they apply to your situation.

Because attorneys know how these cases work, they can help you recover more than compensation for car damages. Property damage is usually just a fraction of the damages you may be able to recover after a car accident.

Other than property damage, you may be able to recover your medical expenses. However, if your health insurance provider settles your medical expenses, they will likely file a claim to recover this expense in a process known as subrogation.

You may also be able to file a loss of wages claim if you could not work due to the accident. For such a claim to be successful, you must demonstrate that you earned a living before the accident. You can prove this by providing copies of your pay stubs, business financial records, bank statements, or other relevant financial information.

The same applies if you lose important opportunities to earn a living due to the accident. Say, for example, you were a professional athlete but lost your limbs in an accident. In that case, the attorney can help you sue the other party for ruining your career and earning potential.

Other than economic damages, you may also sue for non-economic damages such as pain and suffering, loss of enjoyment of life, permanent disfigurement, emotional distress, etc.

Yes, the insurance provider should be able to compensate you for such damages. Unfortunately, this is one of the many tactics some insurance companies use to avoid paying what they owe. Remember that insurance is a business like any other. They aim to minimize their expenses and increase their premiums. That is why some rogue insurance companies undervalue claims by intentionally excluding damages they know the claimant is entitled to.

If you ever find yourself in such a situation, an experienced car accident attorney might be able to fight for you. Such an attorney knows the tactics insurance companies use to avoid paying what they owe.

Some other common tactics insurance companies use to avoid liability include:

Contacting the accident victim shortly after the accident to convince them to accept a settlement offer. This is because the injured are usually in shock the first few hours after the incident and unable to think straight. While insurance companies might seem caring when they contact you shortly after an accident, there is always a hidden motive.

These companies usually hope that they can convince you to sign a settlement before you get a chance to hire a lawyer. They also do this hoping that you have not yet seen a doctor after the accident, meaning they can avoid paying your medical expenses if you accept a quick settlement.

It is never advisable to sign any document from insurance companies, especially without an attorney. This is because these documents usually contain complex legal jargon you may not be familiar with. But you should not expect the insurance company to reveal every detail you need to know before signing. Instead, they will want you to sign the paperwork quickly before you realize the importance of hiring an attorney.

The truth is that certain situations may not require an attorney’s intervention. It is advisable to contact a lawyer if you suffered serious injuries or property damage and the insurance provider refuses to settle your claim. It is even better when you contact an attorney before filing a claim. The attorney will assess your damages to determine the kind of compensation you may be entitled to.

Do not trust just any attorney to fight for you. Knowing what to look for in such an attorney is critical to finding the best legal representation for your case. That said, here are some factors to consider when looking for such an attorney.

Consider their experience. Specifically, find out how long they have been practicing in your area. Seasoned attorneys know how to navigate complex legal processes and maximize claims. For this reason, you have a higher chance of receiving more compensation when you hire an experienced lawyer.

Check their track record. Do they have a history of winning car accident cases? Avoid attorneys who have not won any major case; they might want to use your case as an experiment and settle for just any offer to secure that all-important, morale-boosting win. However, when that happens, you may recover less than you deserve.

Consider their legal resources as well. When you file a lawsuit against the other party, you will likely seek compensation from their insurance provider. Remember that insurance companies make millions yearly; they can afford seasoned defense attorneys to represent them. For this reason, you need an attorney who can overpower the defense. This power lies in their legal resources.

An attorney with access to powerful legal resources can fight for you in and out of court. They will not have to abandon your case halfway or settle for less than what you deserve. However, this mostly happens when the lawyer can no longer keep up with the expenses of pursuing the compensation you need after the accident.

Remember that many injury lawyers and firms use the contingent payment system. This system grants the complainant access to legal representation without paying upfront fees. Therefore, when a firm or attorney lacks resources, they will likely want to settle for less to recover what they have already spent on the case.

Lastly, you should also consider the attorney’s reputation. This piece of information gives you a rough idea of what it is like to work with that particular lawyer.

Morgan and Morgan car accident lawyers can help fight for you or your loved one. Do not forget that we are the largest personal injury firm in the country. Being the largest injury firm means we have access to powerful resources most firms can only dream of.

It also means we have an army of attorneys to fight for you. Note that a standard car accident claim can take multiple twists and turns. For this reason, you need an attorney or firm to navigate these corners and hurdles, ensuring you receive the compensation you deserve.

For example, besides car damage, what happens if you lose a loved one in an accident? In that case, you may need the guidance of a wrongful death attorney. Similarly, what if you got injured due to a manufacturing defect? You will need a product liability attorney in such a situation.

Above all, you need a law firm that can provide all these legal resources under one roof.

When it comes to these kinds of cases, there is only one Morgan and Morgan.

Contact us today for a free case evaluation.