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Can I file a law suit against someone that hit me but I was not hurt?

Winder, GA |

I was in an car accident two weeks ago. I was making a left turn and this car was coming from the left side ran a red light and struck my front bumper. I have no witness. No citation was given. This girl that hit me say that I was making a right turn when I hit her but its not true. No camera at this street. There was a witness that supports the girl that hit me but when we tried to reach her to get her statement, we are unable to get her on the phone. My insurance recommended that I paid my 250 deductible and they will pay the rest. She has State Farm and they have not completed their investigation yet! If she is at fault then State Farm will reimburse my insurance back but if I'm at fault then I'm insurance will go up. I know that I was not at fault and this girl lied. I want to sue her

Attorney Answers 5

  1. Yes, you can sue someone for damages other than injuries. However, you do not want to sue someone unless you have a good chance to win- also what damages would you claim?. Leave it up to your insurance company to investigate & make a liability decision.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  2. You can sue for property damage if you were not physically injured. The question is whether you can prove the crash was her fault and not yours? If she has a witness, just because you havent reached her on the phone doesnt mean she wont be reached later or show up in court. I hope the physical evidence is such that it shows why your version of the incident is accurate, and hers and her witness' are not. Good luck.

  3. Best bet is to let your insurance company resolve, and you can take her to small claims for the deductible.

  4. As you can probably see, you are not likely going to get a lawyer to handle it on a contingency. Do you want to pay a lawyer to handle it, or fumble your way through a lawsuit for what is basically a "principle" case, when you might not win? Probably not a good use of your time and money (even just filing fees, expenses).

  5. You can sue for your damages. However, State Farm will make the claim against the other party for the cost to repair the vehicle and then your only damage would be the deductible. You could always bring that suit in magistrate court without a lawyer. However, the cost for filing the suit and getting it served is over $100.00. Why would you want to waste your time for that amount of $. As I tell many of my clients, suing based upon principal can be costly.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

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