The process of suing for auto property damage: What you need to know
Car Accident - October 31, 2024 by Horwitz, Horwitz & Associates
Auto accidents often cause more than just physical injuries—they can also leave you with costly vehicle damage. If your car has been damaged due to another driver’s negligence, you might ask, “Can you sue for auto property damage?” The answer is yes, you can. Seeking compensation for repairs, replacement, or diminished value is a common part of resolving car accident claims. Knowing how to navigate the process of suing for auto property damage is key to ensuring you recover the full value of your losses.
At Horwitz, Horwitz & Associates, our Chicago car accident lawyers have extensive experience helping clients tackle the complexities of auto accident claims, including property damage cases. In this blog, we’ll guide you through the steps to sue for auto property damage, outline your legal rights, and provide tips to help you secure the compensation you deserve.
Common types of auto property damage
Common types of property damage in car accidents include:
- Vehicle repairs: If your car is repairable, a property damage claim typically covers the repair cost.
- Vehicle replacement: If your car is declared a total loss (i.e., the cost to repair exceeds its value), you may be entitled to compensation for its replacement value.
- Diminished value: Even after repairs, your vehicle may lose resale value due to the accident, and you can seek compensation for this loss.
- Damage to personal belongings: If damaged in the accident, items inside the vehicle, such as laptops, phones, or other valuables, can also be included in a property damage claim.
Can you sue for auto property damage in Illinois?
Yes, you can sue for auto property damage in Illinois if the other driver’s negligence caused the accident. According to Illinois law (735 ILCS 5/13-205), the statute of limitations for filing a property damage lawsuit is five years from the accident date. You have five years to take legal action to recover compensation for your vehicle and other personal property damages.
Property damage claims are often settled through negotiations with the at-fault driver’s insurance company. However, if the insurance company offers an insufficient settlement or denies the claim, you may need to file a lawsuit to recover your losses.
Steps in the process of suing for auto property damage
If you decide to pursue legal action for auto property damage, here’s a step-by-step guide.
Step 1: Document the damage
After the accident, the first step in any property damage claim is to document the damage to your vehicle. This includes:
- Taking clear, detailed photos of your car’s damage from multiple angles
- Gathering repair estimates from reputable auto repair shops
- Keeping receipts for any temporary repairs or costs incurred immediately after the accident (e.g., towing, rental car)
The more documentation you have, the stronger your case will be when negotiating with insurance companies or pursuing legal action.
Step 2: File a claim with the insurance company
Before filing a lawsuit, you typically file a property damage claim with the at-fault driver’s insurance company. Most cases involving vehicle damage are resolved through the insurance claims process, and it’s important to follow the required steps:
- Contact the other driver’s insurance company to file the claim
- Provide documentation, including photos, repair estimates, and receipts
- Wait for the insurance adjuster to evaluate the damage and offer a settlement
Step 3: Evaluate the insurance settlement offer
After the insurance adjuster reviews your claim, they will likely make a settlement offer. If the offer covers the full repair or replacement cost, you may accept it. However, insurance companies often try to minimize payouts, and the initial offer may be lower than expected.
If the insurance company’s offer is insufficient or they deny your claim, you can negotiate or consider filing a lawsuit to seek fair compensation.
Step 4: File a lawsuit if necessary
If negotiations with the insurance company fail, the next step is to file a lawsuit for auto property damage. At this point, having an experienced attorney on your side is crucial. Your attorney will help you prepare the necessary documents, file the lawsuit, and represent you throughout the legal process.
In a property damage lawsuit, you will need to prove that:
- The other driver was at fault for the accident
- The accident directly caused the damage to your vehicle
- You have incurred financial losses due to the damage (e.g., repair bills, diminished value, replacement costs)
At Horwitz, Horwitz & Associates, we work with experts to ensure that your case is thoroughly prepared and that you have the evidence needed to succeed.
Step 5: Settlement or court trial
Most auto property damage cases are settled out of court, even after a lawsuit has been filed. Your attorney will negotiate with the at-fault driver’s insurance company to reach a fair settlement. If an agreement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome.
Our experienced attorneys at Horwitz, Horwitz & Associates are prepared to take your case to trial if necessary, ensuring you receive the full compensation you deserve for your property damage.
Damages you can recover in an auto property damage lawsuit
If you successfully sue for auto property damage, you may be entitled to recover a variety of damages, including:
- Vehicle repair costs: The cost to repair your vehicle to its pre-accident condition
- Vehicle replacement: If your car is totaled, you may be compensated for the fair market value of the vehicle at the time of the accident
- Diminished value: If your vehicle’s value decreases after repairs, you can seek compensation for this loss
- Rental car costs: The cost of renting a vehicle while your car is being repaired or replaced
- Loss of use: Compensation for the inconvenience and financial impact of not having access to your vehicle during repairs
In some cases, you may also recover damages for personal property inside the vehicle, such as electronic devices or other valuable items damaged in the crash.
How Horwitz, Horwitz & Associates can help
Pursuing a claim for auto property damage can be frustrating, especially if you are dealing with insurance companies that offer low settlements or deny claims. At Horwitz, Horwitz & Associates, we have the experience and resources to help you navigate this process, whether through negotiating with insurers or filing a lawsuit to recover your losses.
We offer free consultations to evaluate your case and provide legal guidance on your next steps. Additionally, we work on a contingency fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us online or call (800) 985-1819 to schedule a free consultation today.
