Can I sue someone for hitting my parked car? Yes, you can sue someone for hitting your parked car if there is evidence that clearly shows that whoever hit your parked car acted negligently, and if you have or can obtain that person’s identity.
If you are still in doubt or want to start legal proceedings, talk to a South Carolina car accident lawyer as soon as possible.
How to Know If You Can Sue for a Parked Car Accident
Car accident cases must meet certain standards to legally obtain compensation for damages. These are mainly about having enough of the proper evidence to meet the burden of proof in South Carolina.
By preserving your accident evidence at the scene, we can better determine whether your case has grounds to move forward.
Since South Carolina courts use a preponderance of evidence as the standard for most civil claims, you can sue someone for hitting your parked car if your side of the case is more likely to be true than the defense’s.
By having solid evidence like security camera footage, physical evidence that links their vehicle to your accident, or strong witness statements, we can likely present a preponderance of evidence.
Hopefully, the at-fault party stayed at the scene to exchange information with you about what to do when someone hits your parked car.
If they did, then you do not need a South Carolina hit-and-run accident lawyer specifically, but you do still need a good lawyer to help you sue. If they fled the scene, you will need our help identifying them. Otherwise, your uninsured motorist coverage needs to step in.
How to Know Who to Sue for Hitting Your Parked Car
Consulting with your attorney and having good evidence to work with will lead us in a good direction to know who to sue. We will look at several factors to determine if it is the other vehicle’s driver or possibly another liable party, like the vehicle manufacturer.
This entity maintains the area where the accident happened, or the driver’s employer, in the event of a commercial truck accident.
By taking quick action after finding your parked car damaged, you can get a police officer to respond and conduct an investigation that may yield some helpful information that we can find in their report and evidence that may have been hard or impossible to obtain at a later date. Whatever fault the officer finds and reports will help us know our best approach to finding the liable party.
We can sue the other driver if they were clearly negligent in the operation of their vehicle. For example, you may file a claim if a commercial truck driver violated federal regulations that caused the driver to wreck your car.
We could sue another party, like a governmental entity, if the road was poorly maintained and ended up causing the accident.
You Can Sue Someone as Long as You Sue In Time
You cannot wait too long before getting a legal action filed for your parked car accident. As with almost any civil action, there is a statute of limitations you must file within, or you may risk never being able to recover damages from the liable party.
According to South Carolina Code of Laws § 15-3-530, you have three years to sue someone for hitting your parked car.
South Carolina offers contingencies for specific circumstances that would make it unreasonable or impossible to file a lawsuit in time. Since parked cars are often damaged in hit-and-run accidents, the at-fault driver may conceal their identity from us. The statute of limitations will not run until or unless their identity becomes known, or should have reasonably been known.
Other tolling provisions also exist, including a delay to the statute of limitations if you are a minor, are legally incapacitated, or could not have reasonably known about the damage until later.
Make sure you share all possible details with your attorney so that we can determine if you have more time beyond the three-year mark to file. More time can allow us to build a stronger case.
You Can Sue Someone on Your Own or With a Lawyer
You have every right to pursue legal action and handle all the work that goes into it. Many times, this quickly turns into an overwhelming task to add to your regular life and other recovery after your accident.
A qualified lawyer is already ready to take on your case as long as it can still be filed in time. A good lawyer can alleviate the legal work and make sure it is all done by a professional.
If you sue someone for hitting your parked car and decide to represent yourself, you need to be aware of several factors. You will have to navigate conversations with insurance company representatives and defense attorneys who want to reduce the payout as low as possible, or even completely. You will also be responsible for gathering and compiling evidence into a strong case. This is not to mention paperwork.
With an attorney’s help, you can hand off all the legal work to a professional who will use their years of experience to fight for your fair compensation.
At the same time, you focus on the immediate needs in your life. Often, these lawyers will work on contingency, like we do, meaning you do not have to pay anything until we win the case.
Contact a Car Accident Attorney to Sue Someone for Hitting Your Car
Finding your parked car wrecked, or being in your parked car when it gets hit, can be an extremely distressing time. Wondering if you can sue someone for hitting your parked car should not stifle you from pursuing legal action to get compensation.
Get a free consultation with a South Carolina personal injury lawyer and get the legal process started today.
