Car Accident Lawyer: Can I Sue Someone Who Crashes Into My New Car Right After I Leave the Dealership?

Most people can remember the day they purchased their first brand-new car. You may even remember that new car smell that is so familiar. To think that somebody would crash into your car the same day you buy it is heartbreaking. This is why our Lawrenceville car accident lawyers work so hard to get our clients justice.

The First Thing You’ll Need to Do is File Your Insurance Claim

Regardless of whether your car is brand new or on its last legs, you need to talk to your insurance company. If you believe the other driver caused the crash, there’s a good chance you’ll need to pursue a third-party claim with their insurance carrier.

We always suggest that you talk to a seasoned car accident lawyer in Lawrenceville before you do anything. You shouldn’t blindly follow anybody’s advice, even if it’s your insurance company’s adjuster.

You Should File a Claim with Your Insurance Company First

The first thing you need to do after your accident is to call your insurance company. Even if your car accident lawyer in Lawrenceville ends up filing a third-party claim against the defendant, you still have to do this.

Your insurance carrier needs to know that you were involved in a crash. They may end up communicating with the defendant’s insurance company. They may even be the one who ends up paying part of your claim.

Your Car Accident Lawyer in Lawrenceville Will Help File a Third-Party Claim if Need Be

If you’re confident that the other driver caused the accident, your Lawrenceville accident attorney can pursue a claim against them. If your lawyer is able to demonstrate that the other driver was responsible, it will help get your claim paid.

There are a few reasons why you would want to pursue the other driver’s insurance company instead of your own:

  • If the other driver’s insurance company pays your claim, you won’t have to pay a deductible. This amount can be added to your total claim.
  • Your damages may exceed your policy’s coverage limits
  • Your insurance adjuster advises you to file a third-party claim
  • Your car accident lawyer in Lawrenceville suggests you pursue this option

Your Lawrenceville Accident Attorney Can Certainly Help You File Your Lawsuit

If your claim is ultimately denied, you still have options. Your Lawrenceville accident attorney can always file a lawsuit against the other driver. As long as they believe they can prove negligence, this is the approach they’ll take.

To prove negligence, your car accident lawyer in Lawrenceville must demonstrate the following four things:

  • The defendant owed you a duty of care.
  • They breached this duty.
  • You were hurt.
  • Your injuries were caused by the defendant’s actions.

Whether they can do this will depend on the facts of your case.

Lawrenceville car accident lawyer concept, rear-end crash

If the Other Driver Was at Fault, You Will Likely Receive Damages

If your lawyer can prove negligence, they will then have to prove your damages. In most of the car accident lawsuits our Lawrenceville accident attorneys handle, our clients receive some or all of the following:

  • Medical bills
  • Future medical bills
  • Lost wages
  • Lost future income
  • Property damage
  • Pain and suffering

In order to collect damages, your attorney must list them in your initial complaint.

There Are Two Main Types of Damages  – Economic and Non-Economic

There are essentially two major types of damages. The first type is economic damages. This includes things such as medical bills, lost wages, and property damage.

The second type is non-economic damages. This includes the intangible losses you suffer in your car accident. For example, pain and suffering is meant to compensate you for any mental or physical anguish you suffered as a result of the crash.

Your Lawrenceville Accident Attorney Will Demand You Be Compensated for the Damage to Your Car

Usually, when one of our clients has been involved in a motor vehicle accident, their car is damaged. Some of them are able to pay to get their vehicles repaired. Then, your car accident lawyer in Lawrenceville will demand you be reimbursed for whatever it costs.

Other times, a person’s car or SUV is destroyed in the crash. In these cases, we demand that they be paid the fair market value of their vehicle. It’s not often that our client was driving a brand-new car at the time of the crash.

The Defendant is Only Liable for the Cost to Repair or Replace Your Vehicle

If you happen to be driving a brand-new car on the day of the accident, you may run into problems when it comes to damages. Your Lawrenceville accident attorney can only demand that you be paid the fair market value of your car.

When you buy a new car, it’s considered brand new. Unfortunately, the minute you drive it off the lot, its value drops significantly. For example, imagine that you spend $50,000 on your new car or SUV. When you leave the dealership, the value of your car can drop by anywhere from 15-20%.

Your Car Accident Lawyer in Lawrenceville Can Only Demand the Fair Market Value of Your Car or SUV

The problem with the value of your car dropping so much so quickly is that it impacts your lawsuit. When your car accident lawyer in Lawrenceville makes a claim for damages, they can only demand the current value of your vehicle.

The law only allows plaintiffs to recover the fair market value of their vehicle at the time of the crash. Once you leave the dealership, the value of the car decreases. You won’t be able to recover the difference when you sue the defendant.

What if You Just Purchased Your Car Days Before the Crash?

Most people know that their car loses some of its value when they drive it away from the dealership. But that doesn’t make it any easier if someone smashes into your vehicle. At that point, you can only recover the reduced amount.

This normally won’t be enough for you to purchase a comparable vehicle. Now, if your car is only damaged, you should receive enough to get it repaired. It will just be very difficult to collect enough to replace it.

Your Lawrenceville Accident Attorney Will Fight to Get You As Much Money As Possible

Our car accident lawyers in Lawrenceville understand how angry you must be if your brand-new car was totaled. You spend months saving up for a down payment. The last thing you expect to happen is for someone to crash into your vehicle.

As frustrating as this may be, your Lawrenceville accident attorney will still have to follow the legal process. Ideally, the insurance company will pay your claim. If they don’t, your car accident lawyer in Lawrenceville may have to file suit.

Given the fact that we offer new clients a free, initial consultation, you don’t have anything to lose. Call the office and set up a date and time to come into the office.