What can I sue for if my vehicle was struck in the rear panel by a bicyclist failed to stop at a stop sign?

UPDATED: May 24, 2012

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What can I sue for if my vehicle was struck in the rear panel by a bicyclist failed to stop at a stop sign?

I drive a 1 year old car and the estimate was $2900 for damages. The bicyclist injured himself, it was emotionally distressful, and he has told people that I hit him on his bike. We both attend a university.

Asked on May 24, 2012 under Accident Law, Kansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue the bicyclist for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  If you need a rental car while your car is being repaired, your damages should also include the cost of the rental car.

You will need to mitigate (minimize) damages or your damages will be reduced accordingly.  If the $2900 is what other auto body shops in the area are charging, you have mitigated damages.  If the rental car rate is reasonable, you have mitigated damages.  If you were to select the most expensive auto body shop in the area and/or the most expensive rental car you could find, you would have failed to mitigate damages and your damages would be reduced accordingly.  If you had any documented wage loss due to the accident, you can include wage loss in your damages.  You may be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs such as the court filing fee and process server fee.

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 AttorneyPages.com 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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