Even if you were not injured and only your vehicle was damaged in a car accident, you have the right to sue. You might bring a property damage case in this circumstance. You can also seek to recover the expense of emotional distress treatment. Even if you were not hurt, damage-only accidents could be extremely costly.
Property Damage Claims
A property damage claim is a means to seek compensation for harm caused by someone else’s negligence in a car accident. In most cases, you will submit a claim with the negligent party’s insurance company, which will compensate you for your losses.
In most vehicle accidents that merely result in property damage, you will not need to pursue a case via your insurance company. If the collision was caused by an uninsured driver, then a lawsuit might be your only choice.
Building a Case
In a property damage claim, you must generally prove three aspects to establish the other party’s negligence.
- To begin, you must demonstrate that the other driver’s conduct resulted in your property being damaged. For instance, suppose another motorist rear-ended your car because they were following too closely.
- Second, you must show that the individual did not act with reasonable care before the accident. If the other motorist had texted while driving in our earlier scenario, they might have rear-ended your car.
- Finally, you must show that you have suffered actual financial damages.
The importance of filing an accident report in a property damage lawsuit cannot be overstated. If the police were called to the incident, their report might reveal who was at fault. Make sure to request the report if you haven’t already. Photos and videos of the accident site, witness testimonies, and repair bills are all examples of additional evidence you may gather to support your case.
Compensation That Can Be Recovered
In a property damage claim, you may be entitled to the following compensation:
- The expense of repairing your car or other property after it has been damaged.
- The expense of repairing or replacing a car or other piece of property.
- The cost of public transportation while you could not drive your vehicle.
- The expense of a rented car while your vehicle is being repaired.
Settling vs. Going to Trial
Because it is less expensive and time-consuming for everyone concerned, most car accident lawsuits are settled outside of court. The insurance company will most likely try to reach a quick settlement with you.
If the irresponsible party or their insurance company refuses to compensate you for your damages, then you may want to consider pursuing a property damage case. In this case, you will need to show a court or jury that you are entitled to compensation as a result of the accident.
Hiring a Lawyer
Although engaging a car accident lawyer is not required in property damage situations, it can be advantageous. Car accident attorneys can help you collect evidence, assess your losses, construct a claim, negotiate with insurance companies, go to trial, and more.
When it comes to insurance claims and lawsuits, lawyers relieve you of the burden. Taking on that stress on top of dealing with financial losses can be difficult for the average person. Your case can be handled by a lawyer while you go about your daily routine.
Because of their present financial situation, the ordinary individual may be tempted to accept an insufficient insurance policy to cover the expenses of their damages. A lawyer will have dealt with insurance companies before and will always operate in the best interests of their client.
If your discussions with the insurance company fail, then having a lawyer on your side can help you. Your lawyer can take your matter to trial, which is far more stressful and time-consuming than negotiating a settlement. A personal injury law firm may assist you in receiving the money to which you are entitled.
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