Berclair, TX Personal Injury Law Firms & Lawyers

You have the right to seek compensation for all damages that are caused by the driver's actions or failure to act properly. If your claim is valued at $7,500 or less, you can file the case in small claims court. However, your idea to demand the driver pay you for the damage is a good one and the court may ask whether or not you have tried to informally resolve this dispute by asking for payment. Don't wait too long for your friend to respond as there are certain deadlines for you to file a case in small claims court. In California, there is a three year deadline from the date of the damage to the property to file a lawsuit in court or your right to do so is barred. You will have to prove your case in court and that will require witnesses to testify for your case or to provide sworn statements to the court.

It appears that the defendant's attorney can assert that the collision would not have happened without your negligence: the defendant's car was stationary, and you hit it because you did not see it in time (the language the defendant's/insurance company's attorney will use will be "not paying attention to the road while driving at excessive speed"). It does not matter whether this argument is fair or a total BS, your opponent will milk it dry - and might convince the court. Depending on where the accident occurred, in New York or in New Jersey or Connecticut, your negligence might reduce the damages you can recover or, if the jury finds you >51% at fault, bar any recovery. When you "go after" the person who caused you harm, in effect, you go after her insurance company; and you can be sure that the insurance company will have an attorney defending it's money. So, even in a clear cut case, getting a decent settlement is not a do-it-yourself project. Under your circumstances, retaining an attorney as soon as possible seems like a very good idea.