What can I sue for if my vehicle was struck in the rear panel by a bicyclist failed to stop at a stop sign?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 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.
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