What can I do about a car accident and the damages to my car?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do about a car accident and the damages to my car?

A lady rear-ended me 2 days ago and as of today she still has not contacted her insurance. My van got towed to a body shop and I have no car.

Asked on October 27, 2011 under Accident Law, Texas

Answers:

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

Answered 12 years ago | Contributor

Since the other party has not contacted her insurance, you should file a claim with her insurance company for your property damage.  If it turns out that she does not have insurance, you can file a claim with your insurance company if you have uninsured motorist coverage.  If there is a police report, the police report of the accident should list the insurance information she provided.  The other party is clearly at fault since you were rear-ended.  If the other driver's insurance company denies liability, you can sue the other driver for negligence.  Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your vehicle.  Your damages should also include expenses such as a rental car.  You will need to mitigate (minimize) damages by selecting a repair shop whose repairs are comparable to others in the area.  You will also need to select a rental car whose rates are reasonable.  If you were to select the most expensive repair shop and/or an expensive rental car, you would have failed to mitigate damages and your damages would be reduced accordingly.  If the other driver's insurance company accepts liability, they should pay for a rental car for you.  They may have a maximum daily rate for rental car cost.  The collision damage waiver on the rental car is not included and the insurance company won't reimburse you for that coverage.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption