I was in a wreck on 10/10/12 and other driver was at fault.

Asked almost 2 years ago - Scottsdale, AZ

I was in a wreck on 10/10/12 and other driver was at fault.driver didnt have any insurance i was wondering if i could file a law sue on the driver,for my propery damage,etc...

Attorney answers (7)

  1. Thomas John Cesta

    Pro

    Contributor Level 14

    13

    Lawyers agree

    Answered . 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... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . 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.

    Good luck.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Yes, but best way to get this resolved is to have your own insurance company handle it.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. David J. McCormick

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Kevin Coluccio

    Contributor Level 20

    11

    Lawyers agree

    Answered . Yes, you can file a lawsuit, but, the better question is whether or not you could collect. You may want to turn this over to your insurance carrier.

  6. Michael Ryan Juarez

    Contributor Level 16

    10

    Lawyers agree

    Answered . 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.... more
  7. Scott J. Corwin

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . I agree with the responding attorneys. You may want to let t your insurance company handle this for you.

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