Can I sue the driver of another vehicle who cut me off in traffic resulting in an automobile accident?
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Can I sue the driver of another vehicle who cut me off in traffic resulting in an automobile accident?
No personal injury, just damage to my car. Do I have the right to sue for damages that occurred to my vehicle?
Asked on October 17, 2012 under Accident Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Prior to filing a lawsuit against the at-fault party, it may be possible to settle the case with the at-fault party's insurance carrier. You can file a property damage claim with the at-fault party's insurance carrier to have your car repaired. The at-fault party's insurance carrier should also pay for a rental car while your car is being repaired. If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with the at-fault party's insurance carrier, file a lawsuit for negligence against the at-fault driver / registered owner of the vehicle (if the registered owner is someone other than the at-fault driver). Your damages (the amount of compensation you are seeking in your lawsuit would be the cost of repairs to your car, the cost of a rental car while your car is being repaired., and court costs. Court costs would include the court filing fee and process server fee. Depending on the amount of your damages, you may be able to file your lawsuit in Small Claims Court.
You will need to mitigate (minimize) damages by selecting an auto body repair shop whose charges are comparable to other auto body repair shops in the area. If you were to select the most expensive auto body repair shop you could find, you would have failed to mitigate damages and your damages would be reduced accordingly. The same applies to the rental car. You will need to select a rental car with a reasonable rate. If you were to select the most expensive rental car you could find, you would have failed to mitigate damages and your damages would be reduced accordingly.
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