My car was totaled can i sue
Insurance often pays only partial damages, so seeking an insurance payment for your injuries might not be the best option you have. If you claim damages through your own insurance, you will be forced to pay deductibles, and you will be subject to policy rules that might say only a certain percentage of medical costs and lost wages are covered.
In addition, you will typically be unable to claim pain and suffering damages. Missing out on these areas of damages may mean filing a lawsuit is a better way to get full damages for the cost of your vehicle, the injuries you face, and the lost wages you suffered.
If the driver was a commercial truck driver or another commercial driver, you may be able to sue their trucking or delivery company alongside the driver in a truck accident or commercial delivery accident case.
If you or a loved one was hurt in a car accident that totaled your vehicle, talk to an attorney right away. Car accident lawsuits are typically associated with injury victims. Even if you were not hurt, you can sue to recover damages after a car crash.
A lawsuit might be necessary if your car was damaged but the insurance company refuses to pay you to repair or replace it. To pursue this type of case, you will need to prove that the other driver caused the accident and the damage to your vehicle. Many car accident attorneys offer free case reviews, and they can help you understand if this is a good option for your situation.
If you are not injured, you can sue someone for damaging your car and any other property in it. For a free legal consultation, call 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. In some cases, you can file a claim for this as well.
After most collisions, the victim will file an insurance claim to recover compensation for the damages they suffered. This claim often includes:. 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.
Click to contact our personal injury lawyers today. 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:. A car accident attorney may be able to help you with the process of securing and preserving 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.
That way, you can always prove what your car looked at any time. The best way to prove a car's actual value is through the opinion of a qualified appraiser. If you disagree with the insurer's valuation of your car, you are going to need to hire a qualified appraiser to come up with an opinion as to your car's value. Simply going online and trying to use an online car value calculator won't be good enough. You are going to need actual live testimony from a qualified expert.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. A look at the vehicle damage claim process and your options if you disagree with the insurance company's valuation of your car. No-Fault Versus Standard Liability Insurance No-fault car insurance means that the insurer will pay for certain damages regardless of who was at fault and regardless of whether anyone was at fault.
Collision Coverage Collision coverage is supplemental insurance coverage that covers any and all damage that your vehicle sustains in an accident. Who Pays: The Bottom Line The bottom line is that, if your car accident occurred in a non-no fault state, the other driver's insurer will only pay for your vehicle damage if the other driver was negligent.
How Much Will the Insurer Pay? In this case, you will have to prove to a judge or jury why you deserve compensation for the accident. A car accident lawyer is not a necessity in property damage cases, but hiring one can be beneficial. Car accident lawyers can gather evidence, evaluate your damages, build your claim, negotiate with insurance companies, take your case to trial, and more. Lawyers take the burden off your shoulders when dealing with insurance claims and lawsuits.
It can be difficult for the average person to take on that stress on top of dealing with their financial losses. A lawyer can handle your case while you carry on with your life. Their current financial burden might tempt the average person to accept an insurance offer that is too low to cover the costs of their damages. It can also help to have a lawyer on your side if negotiations with the insurance company fall through.
Your lawyer can argue your case at trial, which is significantly more stressful and time-consuming than settlement negotiations. Hiring a lawyer to argue your case might help you get the compensation you are entitled to recover. It may be worth hiring a car accident attorney if you have damages related to emotional trauma, such as the costs associated with treatment for post-traumatic stress disorder PTSD or recurrent nightmares.
Your car accident settlement amount will be based on the total sum of your accident-related expenses, and it is possible that you could also receive compensation for your pain and suffering. In comparative negligence states, your settlement will be reduced by your percentage of fault.
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