Suing for property damage car accident is possible even when someone is not hurt. If your vehicle or property has incurred damages, you can file a lawsuit regarding property damage. Most of the issues regarding car accidents do not need to file an insurance claim.
According to the report of the Insurance Research Council, among eight motorists, one does not become serious about having insurance. You will have no option except to take the help of the lawsuit when a motorist who has no insurance will cause the accident.
National Highway Traffic Safety Administration (NHTSA) had revealed a report in 2010 about the personal injury-free damage-only crash. The report shows that damage-only crashes may cost approximately $71 billion. It’s too costly, isn’t it? To recover that much cost, one may issue a claim for the property damage that might help him greatly.
What is a property damage claim?
Using a property damage claim, the victim can recover the compensation from an individual who has damaged a certain property during the automobile accident. The victim can file a claim to get compensation, and the insurance company of the negligent party will compensate for the loss if the claim is legal.
Suing for property damage car accident:
Filing a case
For proving the negligent behavior of the other party, one must have to show three things as evidence.
First, the victim must have to show that the driver of the other car has caused the damage of the property with his negligent actions. For instance, if the driver of another car rear-ended the car of the victim by following too closely, the insurance company must have to provide compensation.
Second, we may prove that the individual did not exercise the driving norms while driving. For his failure in the common practices, and because of the breaking of the reasonable standard of driving before the accident, his insurance company must have to pay for the financial losses. For instance, if the other driver was busy texting while driving, this type of tendency may make him rear-end the car in front. Demonstration of the tangible economic loss like this will compel the insurance provider to pay for the damage.
The victim may create a report regarding the accident with the help of a car accident lawyer, which may prove as the key component to win in the case. Luckily, if you would have got the response from the police on the accident spot, and if they have made a report responding to the scene, it will work in your favor. The police report may show the negligence of the driver strongly.
The accident report will work as a piece of significant evidence for suing for property damage car accident. If you have not got a police report yet, collect it and attach it with the documents.
The victim may also provide the following things as a bolster for his case:
- Repair bills
- Statements of the witness
- Crash site’s videos or photos
Compensation that can be recovered
To prove your loss, you have to save the bills of your expenses regarding the accident. Though these are not all here, we are listing out the most common compensation claims that you may utilize to get the compensation from the insurance company.
- The cost of repairing the damage to your property or vehicle.
- The cost of the replacement of the parts of the vehicle or property.
- The expense of the public transportation as you could not drive your own car.
- The expense of the rental vehicle you have used while your car was in the repair house.
Should a victim go to trial or settle outside?
To save money and time, both parties prefer to settle the property damage claims outside the court most of the time. The insurance companies are also eager to settle as soon as possible.
But, sometimes, the situation may appear the opposite. If you feel that the insurance company or the negligent company is not eager to provide what you deserve, you may fill up a lawsuit for suing for property damage. But in this circumstance, you must have logical reasons with proper evidence so that you may show the jury or judge that you really deserve the compensation.
Do you need to hire a lawyer suing for property damage?
Hiring a lawyer for suing someone for the property damage by a car accident is beneficial. Half of your stress will be reduced as the lawyers may gather the necessary evidence for you. He may also evaluate the loss, build a formal report, take the case on trial and deal with the insurance company.
Negotiating with the insurance company with the proper claim may be a great challenge for you. An accident lawyer can help you greatly to take the pressure off by dealing with the proper lawsuits. Give the task to a professional to do while you may carry on with the everyday duties of your life. For an average person without any deep knowledge of the lawsuit, negotiating with the insurance company for the damage will not be a wise decision.
Current financial condition may tempt you to take the insurance offer now, which may prove very low later to get the cost of your actual damage. A lawyer will work for the best interest of his client and grind the best offer out from the insurance company or from the other driver. He can argue for the case at the trial, which is more stressful than the ordinary settlement negotiations. By hiring the best lawyer, the victim can be stress-free and recover the compensation quickly.
But, before hiring a lawyer to sue someone after a car accident, you have to check about their fees in advance. If the lawyer’s cost is greater than the damage to your property, it will be better for you to go for the settlement negotiation. Some of the lawyers do not take the attorney’s fees in advance and receive the payment when you are secured with the award in the case.
Mahmud Sir is a Professional English Teacher in Khulna, Bangladesh. He teaches the English Language and Grammar to the students of English Medium, HSC, University Admission, and Job Examination in his offline academic English Batches in Sonadanga, Khulna. He also has an effective English Speaking and Writing Course online. Learn from the best English teacher in Bangladesh.
Contact: MahmudSir4English@gmail.com (+88 01952 885 421)