Yes, you can sue someone for damaging your car in Mississippi. If somebody else damages your vehicle, whether accidentally or deliberately, you have the right to hold them accountable for your repair or replacement costs.
Don’t pay the price for someone else’s carelessness behind the wheel. Contact us today to learn more about your options for pursuing compensation and accountability. Our law firm charges no upfront fees to get started on your vehicle repair and other related costs.
When to Consider a Lawsuit
The Value of the Damage to Your Car
First, you should consider the costs of repairing the damage to your car. If your automobile has suffered a few hundred dollars of damage, and you have the financial means to cover those repair costs, pursuing a lawsuit to recover those costs may not prove cost-effective. However, if your car requires extensive, expensive repairs or needs to be replaced altogether, you may need to file a lawsuit to hold the at-fault party financially accountable.
Whether You Also Suffered Injuries
Medical bills can add up quickly after a serious accident, especially for those whose injuries prevent them from working and earning a living. The more extensive your financial losses from the accident, the more important it is to make the at-fault party pay for them.
Whether the At-Fault Party or Parties Have Insurance
Mississippi requires drivers to carry liability insurance covering bodily injuries of up to $25,000 per person and $50,000 per accident and property damage of up to $25,000 per accident. After an accident, the at-fault driver’s liability policy serves as your first line of compensation. If the driver does not carry insurance, you will have to pursue litigation and collect on any judgment from the at-fault party’s personal assets. Most people who forego liability insurance do so because they can’t afford it, which means they might have few assets and little income to satisfy a judgment in a car damage lawsuit.
Whether the At-Fault Party Disputes Fault
Finally, you should expect the person responsible for damaging your car to dispute their fault or argue that you’re also partly to blame. Do you have sufficient evidence and a strong enough claim to prove the other party’s fault for damaging your vehicle? Be sure to answer this question before you begin litigation.
While these are important questions to ask yourself as you consider pursuing compensation, they are not ones you need to answer yourself. Most car accident lawyers in Mississippi — including Haug, Farrar & Franco, PLLC — offer free initial consultations, so you can ask about your chances of success without any financial risk on your part.
Mississippi Law
Certain state laws may affect your right to file a car damage lawsuit or the compensation you recover in a legal action:
Comparative Negligence
First, Mississippi follows a pure comparative negligence rule for accident claims. When your vehicle suffers damage in a car accident, your financial recovery may depend on whether you share any responsibility for causing the accident. Under the pure comparative negligence system, you can still recover compensation for an accident you are partially at fault for causing, but any percentage of fault the court assesses you will reduce the amount of your recovery in kind. For example, suppose your car sustains $10,000 in damage in an accident for which you bear 30 percent responsibility. In that case, a court may reduce your financial recovery by $3,000 to reflect your share of fault.
Filing Deadline
Further, Mississippi’s statute of limitations imposes a deadline for filing a lawsuit to recover compensation for car damage caused by another party. You typically have three years after your car is damaged to sue the person or entity responsible for causing the damage. However, different rules apply when a state or local government employee is at fault. In that case, you may have to file a written notice to the government within 90 days of the date the damage occurs and a lawsuit within one year (not counting the days the government spends evaluating your notice of claim).
Considering a Lawsuit?
Consult a Lawyer
As you consider whether to sue the person responsible for damaging your car, you should consult an experienced lawyer at Haug, Farrar & Franco, PLLC, who can review the facts of your case and explain your legal rights and options to you. Our lawyers can determine whether you have a viable claim and whether pursuing a lawsuit is the best path to recovering the money you need to pay for your vehicle damage.
Lawsuit Costs
You should also consider potential litigation costs compared to the financial recovery you might obtain for your car damage in a lawsuit. Filing a lawsuit can involve various expenses, including court filing fees, appraisal fees, and legal expenses. You should weigh these costs against the amount you might recover if your claim is successful, as well as the odds that it is.
Alternatives to Court
Finally, you should also consider alternatives to filing a lawsuit that allows you to seek financial recovery for your car damage. For example, you might negotiate a settlement with the at-fault party’s insurance company. You could also pursue alternative dispute resolution methods like mediation or arbitration to facilitate a resolution of your car damage claim without going to court or trial.
Need to Discuss Your Case? Contact Our Gulfport, MS, Law Firm Today
If you’ve sustained damage to your car and someone else is to blame, get the legal help you need to demand financial recovery for your expenses. Call Haug, Farrar & Franco, PLLC, today at (228) 872-8752 for a free, no-obligation consultation with a Gulfport car accident attorney to discuss your options for securing compensation for your vehicle damage. We’re ready to explain your options and pursue your lawsuit on your behalf — and we never charge any fees unless we win compensation for your case.