Someone else speeds through a red light and smashes into your vehicle or merges directly into the side of your vehicle on the freeway. Despite your careful adherence to traffic laws, you now find yourself dealing with a vehicle that you cannot safely drive.
You may need to take it to a repair shop to have thousands of dollars of work done, or you may need to obtain a new vehicle altogether because yours is no longer safe to drive. Most of the major lawsuits related to car crashes involve serious bodily injury. However, some drivers may find that they need to pursue a civil lawsuit because of the damage to their vehicle. Why might you end up in civil court after a car crash wrecks your vehicle?
Property damage coverage may not be enough
It is quite common for drivers in New York to have just what coverage the law requires. A driver with the minimal coverage required by state law might have a policy with $10,000 of property damage protection. That might not be enough to cover the repairs to your vehicle, let alone its diminished resale value.
If your vehicle is a total loss, $10,000 worth of coverage simply won’t be enough. You could also be without coverage if the other driver doesn’t have an active insurance policy. If you had the foresight to invest in uninsured and underinsured motorist protection, your own policy might help you repair or replace your vehicle.
Still, many people understand that the insurance company will just pass those costs back in the form of a higher premium. Taking the other driver to court may be necessary.
You don’t have to get hurt to bring a personal injury claim
Despite what the name implies, you do not have to suffer a physical injury to have grounds for a personal injury claim under New York law. Any financial damage that you suffer because of someone else’s illegal behavior or negligence can also lead to a successful civil claim.
Although it may seem frivolous to go to court over property damage losses, it is unfair for individuals to have to absorb the economic consequences of another person’s failure. Making sense of New York’s personal injury laws and insurance requirements can help those trying to resolve the damages caused by a car crash for which they were not at fault.