When you are involved in a car accident, it can be overwhelming and stressful, especially if you sustain injuries and your vehicle is damaged. If the accident was someone else’s fault, you may wonder if you can recover compensation for the damages to your vehicle in addition to your personal injury claim. This article will explore if you can recover damages for the damage to your vehicle in a personal injury case.
Table of Contents
Understanding Personal Injury Claims
Personal injury claims arise when someone is harmed due to the negligence of another person, business, or entity. To establish a personal injury claim, you must prove that the other person was negligent and that their negligence caused your injuries. If you are successful, you may be entitled to recover compensation, including medical expenses, lost income, and pain and suffering.
Property Damage Claims
Property damage claims arise when someone’s property is damaged due to another person’s negligence, such as a car accident. If the accident was someone else’s fault, you may be able to recover compensation for the damages to your vehicle in addition to your personal injury claim.
Recovering Damages for Vehicle Damage
To recover damages for the damage to your car, you will need to prove that the other person was at fault for the accident, and their negligence caused the damage to your vehicle. You will also need to prove the extent of the damages by getting an estimate from a reputable auto body shop or mechanic.
If the other person’s insurance company accepts liability for the accident, they will typically pay for the damages to your car. However, if liability is disputed, you may need to negotiate with their insurance company or file a lawsuit.
Collateral Source Rule
In some states, the collateral source rule may limit the amount of compensation you can recover for property damage. The collateral source rule prevents double recovery, meaning that you cannot recover the same damages from multiple sources. For example, if your health insurance covered your medical expenses, you cannot recover those expenses again in your personal injury claim.
Some states apply the collateral source rule to property damage claims, which means that if your car insurance covers the damages, you may not be able to recover those damages again in your personal injury claim. However, other states allow double recovery, meaning that you can recover damages for both property damage and personal injury.
Conclusion
If you are involved in a car accident and sustain injuries, you may be able to recover damages for the damages to your vehicle in addition to your personal injury claim. To do so, you will need to prove that the other person was at fault for the accident and that their negligence caused the damage to your car. If you are successful, you may be entitled to compensation for the cost of repairs or replacement of your car. However, some states apply the collateral source rule to property damage claims, which may limit the amount of compensation you can recover. It is important to consult with a personal injury attorney to understand your rights and options.