Occasionally, car accident victims who do not suffer injuries in the accident may still need to file a lawsuit to recover property damages and other related expenses. This action may be necessary if there was significant damage to your vehicle, but the insurance company refuses to pay you to repair or replace it.
You will need to prove that the other driver caused your accident and the damage to your vehicle to pursue this type of case. Many car accident attorneys offer free case reviews, and they can help you understand if this is a good idea in your situation.
Can I Sue Someone for Damaging My Car?
Even if you are not injured, you can sue someone for damaging your car and any other property in it. If the damage isn’t serious, you may be able to take your case to small claims court. You’ll want to check the limits for small claims court in your state to find out if your case qualifies. If the damages are higher than small claims court allows and an insurer won’t settle, you may need to file a civil court claim.
For a free legal consultation, call 800-537-8185
Can You Sue for Negligence without Injury?
When someone fails to exercise care and their negligence causes an injury or property damage, you have the legal right to sue for compensation. You do not have to be physically injured to end up with monetary damages after a car accident. You can also end up with damages that are related to emotional trauma, even if you didn’t sustain any injuries. In some cases, you can file a claim for this as well.
Understanding Car Accident Insurance Claims and Lawsuits
After most car accidents, the victim will file an insurance claim to recover compensation for the damages they suffered. This claim often includes medical care costs, lost wages, pain and suffering.
If you were not hurt in the accident, these damages will not be available to you. However, you can still file an insurance claim to hold the at-fault party liable for your property damages, rental car costs, and related expenses.
What You Need to Prove to File a Car Accident Claim
To hold another driver liable for the repair or replacement of your vehicle, you will need to prove negligence and fault. This evidence requires proving three things:
- The driver had a legal obligation to follow certain rules of the road.
- The driver failed to uphold this obligation and caused the accident.
- You suffered financial damages as a result of the accident.
A car accident attorney may be able to help you with the process of securing evidence to support your claim and negotiating a fair settlement with the insurance company. They can help ensure that the insurance company does undervalue your payout.
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Navigating the Car Accident Claims Process for Property Damages
In most cases, victims of car accidents who do not suffer injuries recover compensation through the insurance claims process. The process is generally the same whether you handle it on your own or if you enlist the help of a New Orleans car accident lawyer who can help protect your rights.
This process includes:
- Gathering your repair estimates, receipts, and other documentation of your losses
- Notifying the negligent driver’s auto liability insurance provider about the accident
- Working with the insurance company’s adjuster to provide evidence of your losses
- Connecting the adjuster with the auto repair shop where they will learn the cost of repairing your vehicle
What Happens After You’ve Estimated Your Car Accident Damages?
Once the insurance adjuster knows how much it may cost to repair your vehicle, one of three things will happen:
- The insurance company will offer to cover the cost of your auto repair.
- The insurance company will offer to cover the cost of replacing your totaled vehicle.
- The insurance company will offer much less than you need to repair or replace your vehicle and cover your other losses.
When the last option occurs, you may need to negotiate a just settlement or consider taking the case to court. Your attorney will likely take care of this process on your behalf if you are working with a car accident lawyer.
Our Car Accident Attorneys Can Help You with Your Claim
At Morris Bart, LLC, our car accident attorneys know what it takes to seek and secure a settlement or award in a car accident injury or property damage case. We help accident victims across the Gulf South, including locations near you.
Our team has 98 attorneys and over 15 offices, including in New Orleans, Gulfport, and Birmingham. Our service area includes parts of Louisiana, Mississippi, Alabama, and Arkansas.
Talk to a Car Accident Lawyer from Morris Bart, LLC Today
If you were the victim of a car accident but were not hurt, you can still pursue compensation for your property damages and other accident-related expenses. An attorney from Morris Bart, LLC can review the merits of your case for free. We may be able to help you file your insurance claim or otherwise pursue a payout to cover your car repair or replacement and other damages.
Call (800) 537-8185 today to discuss your case with a member of our team. We may be able to help you recover a payout after a car accident in Alabama, Arkansas, Louisiana, or Mississippi.
to find a Morris Bart office near you.