can i sue the people who hit my van

my van was involved in a hit and run. The people called the police hours after it
happend. My van is not drivable right now. Plus this is causing me to have
anxiety and panic attacks

Asked on November 20, 2017 under Accident Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you may sue them for any repair costs or other monetary costs (e.g. towing; renting a replacement vehicle while yours is in the shop) you incurred from the accident. You cannot sue for any compensation for anxierty and panic, however: the law does not provide compenation for that in property damage cases. And if you are paid, or to the extent you are paid, by insurance (e.g. if you have collission coverage), you cannot sue: you cannot be paid twice for the same loss or cost.

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