As a motorist, you’re only too familiar with the various risks on the road. Accidents happen all the time, and people get hurt. Even the most experienced and careful drivers can suffer injuries due to another driver’s error.
A car crash can be catastrophic and may leave you with serious injuries and a damaged vehicle. If you’re injured and someone else is to blame, you have the right to file a personal injury claim seeking compensation for your injuries. However, if you were lucky to escape the crash unscathed and you are asking: can I sue someone for damaging my car? The answer is usually yes, and you should begin by consulting an Ohio car accident attorney.
Car accidents can result in significant damage to vehicles, and car accident victims often find themselves facing expensive repairs. Even minor accidents can lead to costly repairs, and it’s crucial to understand the potential costs involved.
The first thing to consider is the extent of the damage to your car. Minor fender benders may only require cosmetic repairs, such as replacing a bumper or fixing a dent. However, more severe crashes can result in structural damage, requiring extensive repairs or even the replacement of certain parts of the vehicle.
The cost of repairs can vary depending on several factors, including the make and model of your car, the severity of the damage, and the availability of replacement parts. Luxury or high-end vehicles may require specialized parts that can be more expensive or harder to find, driving up the cost of repairs.
In addition to the cost of parts, you’ll also need to consider the cost of labor. Skilled technicians may need to spend hours or even days working on your car to ensure it is repaired correctly. Labor costs can quickly add up, especially if the damage is extensive.
Insurance coverage is another important factor to consider. If you have comprehensive or collision coverage, your insurance company may cover some or all of the repair costs, minus any deductible. However, if the accident was not your fault, you may be able to file a claim with the at-fault driver’s insurance company for reimbursement.
It’s essential to keep in mind that insurance claims can be complex, and dealing with insurance adjusters and paperwork can be overwhelming, especially when you are also dealing with the physical and emotional aftermath of a car accident. That’s why it’s often beneficial to consult with an experienced car accident attorney who can guide you through the claims process and ensure you receive the compensation you deserve for your car repairs.
If your vehicle has been totaled due to the negligence of another driver, it can be more challenging to obtain the full compensation you need. It can be difficult to convince the other driver’s insurance company to cover the cost of your totaled car.
When your car is deemed a total loss, it means that the cost to repair the damages exceeds its actual cash value. In this situation, the insurance company will typically offer you a settlement for the fair market value of your car, rather than paying for the repairs. But what factors are considered when determining the value of your car?
The value of your car can be influenced by various factors, such as the make, model, age, mileage, and overall condition of the vehicle. Insurance companies often use tools and databases to assess the value of a car based on these factors. Additionally, they may consider the cost of similar vehicles in your local market to determine a fair assessment. It’s important to have a car accident attorney who can negotiate with the insurance company to ensure you receive a fair value for your totaled car.
In some cases, the insurance company may undervalue your car, leaving you with an offer that doesn’t adequately cover the cost of a replacement vehicle. This is where legal representation can be essential. An experienced attorney can help you gather evidence of your car’s value, including maintenance records, expert appraisals, and comparable vehicle listings to support your case. They will fight for your rights and advocate for a fair settlement that reflects the true value of your totaled car.
Ohio state laws require all drivers to have liability auto insurance to cover expenses from a car accident. It is unlawful to own a car without insurance. Otherwise, uninsured drivers must have proof of financial responsibility (FR).
The insured drivers’ policies must meet the minimum 25/50/25 rule, where $25,000 covers medical bills for a single injured individual, $50,000 covers everyone injured in the crash, and $25,000 goes into property damages.
It’s important to remember that Ohio is an at-fault state, so the liable person pays for all damages. In other words, you can file a claim against their insurance provider or your policy. If the damages are more than what’s available in their policy limits, they’ll have to pay for what the insurance cannot cover.
Despite Ohio car accident laws, insurance companies regularly make the process difficult. They might deny the liability of the policyholder or undervalue a claim. Always have an experienced car accident attorney handling the entire process.
Even if you were not injured in the accident, you must present proof of negligence and liability. That’s why gathering as much evidence to validate your claim is crucial. We recommend gathering these pieces of evidence immediately after the crash:
When filing a claim, you must prove that the other driver was distracted, drowsy, drunk, sped, or engaged in other reckless behaviors that caused the accident. You must also prove the financial losses you suffered were due to damages inflicted on your vehicle.
After gathering all the necessary evidence and following each step to file your claim, the insurance adjusters will review it, evaluate your losses, and propose a settlement offer. If their offer is satisfactory and reasonable, you can sign a release to seal the deal. Your legal options end at this point, and you won’t be able to file a lawsuit after accepting and signing their settlement offer.
However, insurance companies do not always make fair offers, even regarding property damage. The company might undervalue your vehicle or the damage done, or they might not approve a full repair estimate you receive from a trusted shop.
If the insurance company refuses to cover the costs of your property damage, the next step is filing a lawsuit against the negligent party. Lawsuits involve many steps and deadlines, and the final step is going to trial in court. Most Ohio courts encourage plaintiffs and defendants to negotiate and agree on out-of-court settlements, and the large majority of cases are resolved before ever going to trial. This is particularly true in property damage claims when the fault is not disputed.
If your property damage claim is successful, you should expect to receive the following in reimbursement:
The statute of limitations for car accident lawsuits in Ohio is two years. That means you have up to 24 months from the crash date to hold the other parties accountable for your damages. If you fail to seek legal redress within the allotted time, you will not be able to file any case in Ohio or receive any compensation. Therefore, you must file your claim as soon as possible to avoid missing out on what you deserve under the law.
In complex cases involving physical harm and property damage, the financial repercussions can be overwhelming. To successfully sue someone, you must conduct a thorough damage evaluation and gather sufficient evidence. There are also piles of paperwork to complete, critical deadlines to consider, and complex laws to follow.
The good news is you do not have to handle any of this alone. A car accident lawyer will know how to best seek full compensation in case you want to sue someone for damaging your car.
At the law firm of Dyer, Garofalo, Mann & Schultz, we offer free consultations for all car accident cases. We will examine your claim and review the evidence you have to determine the strength and viability of your case. We’ll then take your case to the next level, whether it’s an insurance settlement claim or a lawsuit against the other party. Contact us today and let our experienced Ohio car accident attorneys hold your hand.
-> Check how much you can get in an auto accident case.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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