Is It Worth Suing the Other Driver for Property Damage?

Following a car accident, it is common for emotions to run high. Victims might feel confused, they might be frustrated, and they might not know what to do next. Many drivers focus on filing an insurance claim, but what happens when the losses are only property damage and not medical expenses? Is it worth suing the other driver for property damage only, even if there are no medical bills? Is it worth suing the other driver for property damage?

For drivers on Long Island, this question comes up more than you might think. Minor accidents, fender benders in parking lots, and even more serious crashes that only have property damage can lead to thousands of dollars in repair bills, rental car costs, and insurance disputes. However, for some, trying to file a claim, like a personal injury claim or personal injury lawsuit, can seem intimidating.

Here's the situation, though. A personal injury attorney can also fight for fair compensation following an accident, even if there are no medical expenses at all. They can also help with questions like Is it worth filing a claim if there were no injuries? You can file a car accident lawsuit to cover property damage, and for some people, that's the only way they will secure fair compensation following an accident.

Understanding Property Damage After a Car Accident and What the At-Fault Driver must Cover in Most Cases

Following a car accident, property damage is common. In the legal process, property damage typically refers to any damage done to your vehicle or other personal belongings in a vehicle. These often include:

• Vehicle repairs or replacement

• Diminished value (when a repaired car is worth less after the accident)

• Rental car costs or loss of use

• Personal items damaged inside the vehicle (such as electronics, phones, computers, or car seats)

When we look at New York law, the at-fault driver is typically responsible for covering these damages, but proving fault and getting reimbursed can be a challenge. This is especially the case when the other driver's insurance company tries to minimize or deny a claim.

Common Issues That Arise in Property Damage Claims With an Insurance Company

Property damage claims often seem straightforward, but they are generally more complicated than they first seem. Some of the biggest issues that pop up include:

• Lowball repair estimates: Insurance adjusters often undervalue the cost of parts and labor following a car accident.

• Delays in payment: Car insurance companies sometimes drag out the process, hoping victims will accept less if they have to wait and have paid out of pocket.

• Disputes over fault: Even in clear-cut accidents, insurers may claim that the victim was partially responsible in the accident and don't deserve a full payout.

• Hidden damage: Modern vehicles can sustain structural or electronic damage that isn’t visible initially. Sometimes it's not found for days or weeks following the crash.

• Diminished value denial: Many companies refuse to pay for loss of resale value after repairs.

Because of these issues, a driver may end up covering repair costs out of pocket. Or, they might quickly accept a settlement that is below the true amount of the damage. You will need a lawyer on your side to truly recover compensation that you deserve.

When Filing a Car Accident Lawsuit Makes Sense

Suing for property damage following a car accident may make a lot of sense for many people. Since there were no injuries, you can't use your personal injury protection, which covers medical expenses and lost wages. Here, you need to take another type of action, such as in the following cases:

1. Insurance Won’t Cooperate

If the at-fault driver's insurer refuses to pay or if they undervalue the damage that occurred, filing a lawsuit might be the only thing that you can do to pursue compensation. Insurance companies, even your own insurance company, doesn't have your best interest in mind. All they want is to make money, and, thus, they may deny a legitimate claim.

2. The Driver Was Uninsured or Underinsured

Even though it is against the law in New York State to drive without liability insurance, some drivers still drive without having an insurance policy. In this case, a victim may have to rely on their own auto insurance policy to cover damages. Or, they can work with a lawyer to pursue compensation in small claims or civil court against the uninsured driver.

3. High Repair or Replacement Costs

Sometimes, there are policy limits or the costs of the repair will exceed what the insurance company is offering. This is often the case when the car is new or a high-value car. In this case, the legal action may help to bridge the gap between the settlement and the expenses to fix the vehicle damage.

4. Disputes Over Fault

If there are disputes over fault, and the other driver denies that they were the responsible party, a lawyer can help to establish liability through police reports, photos, and witness statements. They can also advise on Is it worth taking a car accident case to court?

5. Diminished Value Claims

Finally, some vehicles actually lose thousands in resale value after they are repaired. Suing for diminished value is also possible if they insurance company won't cover this.

When It Might Not Be Worth Suing the At-Fault Party

Not every case of property damage following an accident needs a law suit. In some situations, suing may cost more than you would get back. Examples of this include when:

• The total damage is less than the insurance deductible.

• The cost of litigation exceeds the potential payout.

• Both parties share partial fault, reducing the recoverable amount.

• The at-fault driver lacks assets or insurance coverage, making collection unlikely.

A skilled attorney can review the facts of a case and advise whether a lawsuit is financially worthwhile.

Taking the Driver Responsible to Small Claims Court or Civil Court

For many property damage cases, taking the driver responsible to small claims court is an option. Here in New York, small claims court allows you to sue for up to $10,000, and you don't need to hire an attorney. In this case, the process is usually quick and less formal.

There are limits here, though. In this type of civil court, if damages are more than $10,000, you can't get over that amount. You also can't add in other types of damages, like lost income.

It's best to speak to a lawyer to find out if it's best to do a full lawsuit or if small claims court is the best option.

What Compensation Can Be Recovered

When suing for property damage, plaintiffs can seek compensation for several types of losses, including:

• Cost of repairs or replacement of the vehicle

• Loss of use (rental car or alternate transportation expenses)

• Diminished value after repairs

• Towing and storage fees

• Personal property damaged inside the car

In some cases, additional damages may be available if the other driver acted recklessly — for example, if the crash involved drunk or distracted driving.

How a Lawyer Helps in Property Damage Cases

Many people think that a lawyer can only help in accidents with serious injuries or other cases, but property damage claims are also commonly fought by the best car accident lawyers in Long Island NY. In this case, an attorney can do the following:

• Assess the fair market value of the claim by considering both hidden and visible damage.

• Negotiate with the at-fault driver's insurance company, or even the victim's own insurance policy, to maximize the settlement.

• Gather evidence to prove that the other driver was at fault in a car crash

• Handle communication with the insurance company

• File a lawsuit if there is no other way to make sure the insurance pays out.

Even for cases that don’t involve significant injuries, legal assistance often increases the recovery amount — and reduces stress for the vehicle owner.

The Role of Insurance in New York

New York follows a “no-fault” system for personal injuries, but property damage claims are treated differently. Drivers must file claims directly with the at-fault party’s insurer for vehicle repairs.

Because Long Island roads are congested and accident rates are high, insurers tend to scrutinize every claim. They may challenge fault or minimize the estimate, hoping drivers will accept less. An experienced attorney knows how to navigate these tactics and push for appropriate compensation.

Steps to Take Before Suing

Before filing a lawsuit, it’s important to build a strong foundation for the claim. Drivers should:

1. Obtain a police report to establish fault. It's also important to gather other accident reports and medical records, even if there were no physical injuries.

2. Gather repair estimates from certified mechanics or dealerships.

3. Document all expenses related to the accident.

4. Take photos of the scene, damage, and any relevant road conditions.

5. Keep communication records with insurers.

If the insurer continues to delay or deny payment after reviewing this evidence, it may be time to pursue legal action.

Statute of Limitations in New York

In New York, the statute of limitations for property damage claims is three years from the date of the accident. Waiting too long to take action can forfeit the right to compensation. Consulting an attorney early ensures that all deadlines and procedures are followed correctly.

Is It Worth Hiring a Lawyer Just for Property Damage?

Many drivers hesitate to involve a lawyer when injuries aren’t part of the claim. However, even seemingly small property damage cases can become complex, particularly when insurers refuse to cooperate or when repair costs are substantial.

An attorney’s role isn’t limited to filing lawsuits. In many cases, legal representation results in faster settlements, higher payouts, and fewer frustrations.

For Long Island residents, the Law Office of Carl Maltese offers experienced guidance in both personal injury and property damage cases — ensuring clients receive fair treatment from insurance companies and responsible parties alike.