Yes you can. In Arizona we use a system of comparative fault; which means that fault may be attributed to each party or even to non-parties (people or entities that are not in the suit at the time the fault is apportioned). The liability for damages depends on the amount of fault attributed.
For example, if you sue and your damages are found to be $10,000, and the defendant is assessed 100% of the fault, then you will be awarded the full $10,000; if the fault is 50% you will be awarded $5,000; and if the defendant is only assessed 1%, you will still be awarded $100. However, if the defendant counterclaims, and some of the fault is assessed to you, then the defendant will be awarded the percent this reflects as well.
It is important to get your attorney involved early to protect your claim. But at the very least you should remember that the statute of limitations is two years.
Tom Cesta is an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in Mesa, Arizona. https://plus.google.com/#105782058221121955478/posts The answers given here are based on the information in the question, but for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
You have the legal right to recover your property damage from the other individual but, from a practical standpoint, the question is whether he/she would have the ability to pay a judgment if you got one. If you have collision coverage or uninsured motorist property damage, probably the easiest solution for you is to get compensation under your own insurance and then see if you can recover your deductible, either through your insurance company's efforts or by going to small claims court yourself.
You definitely can. Instituting a law suit against negligent drivers and their insurance companies is a common practice to recoup your damages. A good personal injury attorney can add value to your claim because insurance companies are in the business of denying claims.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
Why not just submit it under your uninsured motorist’s coverage? This seems to be the easiest route to go, let your insurance company do all the heavy lifting.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
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