On Wednesday last week, a Sparkletts water truck hit my car and damaged my driver side front fender. After I found out that the process of getting the repair paid for by the comany would be lengthy, and have no guarrantee of being paid on time, I went through my own insurance company to have everything paid for. I have my car back now, but now I have a car with diminished value (because of the accident), and I will likely pay higher insurance rates in the long run. Can I sue the company for this, and also to penalize them for being negligent? The driver hit my car because he didn't want to park on the opposite side of the road where there was plenty of room. He double-parked and hit my car in the process just because he didn't want to turn the truck around.
Sexual Harassment Attorney
It sounds like you had comprehensive insurance and that you went through your own insurance carrier for your repairs. You do have the right to make a claim against Sparkletts for your deductible and you are entitled to damages for decreased value of your vehicle because of the damage, which greatly depends on the severity of damage to your vehicle. If this was a scrape or minor damage your claim for decreased value will probably be minimal. You can file the claim yourself in small claims court through a Justice of The Peace in the precinct where the collision occurred.
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Personal Injury Lawyer
As Kevin mentioned, you can file a claim in small claims court for your damages, including the repair cost and any diminished value to your vehicle (if any). Before you file in small claims court, I would suggest you contact the company and try to resolve the matter first. If their driver was negligent and you are only claiming property damage, then they will likely be willing to try to resolve the claim. If you are unsuccessful at resolving the claim with them, then I would suggest you go ahead and file in small claims court. Sparkletts does not obtain a "credit" for any money you received from your insurance, but keep in mind your insurance company likely has a subrogation interest. I would contact your insurance carrier to determine if they are trying to obtain reimbursement from the responsible party for the monies they paid for your repairs. In some instances, they may be able to recoup your deductible for you depending on the facts of the claim.
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DUI / DWI Attorney
Although you have a "right" to sue them, it is unlikely to be fruitful, because the trouble and time is likely to be more than you get back. You must reimburse your insurance company for their expense and represent them in the suit, so they must be involved in whatever you do. See if you can coordinate with the subrogation expert of your company demanding that they recover these additional damages as part of their recovery process with the other company. In any event, his expertise in these matters will help you make a wise decision about how to proceed. You pay big bucks for your insurance and you should avail yourself of their expertise, as well as the benefits that they are strictly required to provide.
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