Can I Sue Someone for Crashing My Car?

Your Insurance Policy

When it comes to insurance, many people assume that the policy follows the driver. In reality, most auto insurance policies are tied to the vehicle itself. This means that if someone else wrecks your car, your own insurance will likely be the first line of defense in covering damages. However, there are caveats. First, your policy has to permit other drivers. Some insurance plans strictly cover only the policyholder, making it crucial to understand the specifics of your agreement. Second, even if your insurance does pay out, you may still be responsible for a deductible, and there may be limitations on what exactly is covered.

Your Legal Options

If someone else has crashed your car, and you're not fully satisfied with what insurance covers, can you sue the person who crashed your vehicle? The short answer is yes but with conditions.

• Establishing Liability: To successfully sue, you must establish the driver's liability by proving that they were negligent or reckless while operating your vehicle. You will need evidence, such as police reports, eyewitness accounts, or video footage, to support your case.
• Limits and Exceptions: It's also essential to note that you may have less legal ground if the person driving your car had your explicit permission and was not engaging in illegal activities like driving under the influence. If you willingly handed over the keys, you might share some of the responsibility for whatever occurred.
• Calculating Damages: If you can establish liability, you're not just suing for the cost of repairs. You can also claim for other losses, such as medical bills if you were a passenger at the time, lost wages, or emotional trauma.

Additional Factors to Consider

State laws can have a major impact on your ability to sue someone for crashing your car. Some states follow a "no-fault" rule, where each driver's insurance covers their own damages, making it difficult to sue another driver unless severe injuries are involved. Also, consider the circumstances. If your vehicle was stolen and subsequently crashed, you might not sue the thief who is criminally liable, but your insurance could refuse to pay, making it imperative to know your legal rights and options.

Do You Need a Personal Injury Attorney?

A car crash is stressful, especially when it's your vehicle but not your fault. While insurance can cover some losses, it often falls short of making up for damages, especially if an injury is involved. When you find yourself facing such a situation, it’s important to have a qualified personal injury lawyer on your side. Call the Law Offices of Andrew Zeytuntsyan. We specialize in personal injury and property damage cases, offering you professional legal advice and representation to ensure you get the compensation you deserve. If you're wrestling with the question of whether to sue someone for crashing your car, let us help you. Contact us today for a consultation with an experienced personal injury attorney near you.