can i sue the people who hit my van

UPDATED: Oct 1, 2022

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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 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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