Yes, you can sue a driver who damages your car through negligence, but suing is usually the last step. Most people recover through insurance first, then use small claims court if the insurer will not pay.
The usual path
- Report the crash and gather evidence of fault.
- File a claim with the at-fault driver's liability insurer, or with your own collision coverage and let your insurer recover later.
- Get repair estimates and keep records.
- Negotiate if the offer is too low.
- If the insurer refuses or the driver has no insurance, consider small claims court or a civil suit.
What you can recover
- Repair costs or the car's actual cash value.
- Towing, storage and rental or loss of use.
- In some states, diminished value.
- Medical costs and other damages if you were hurt.
Suing the driver personally
If the driver has no insurance or too little, you can sue them directly and, if you win, collect through wage garnishment, bank levies or liens, subject to exemptions. Collection can be slow if the person has few assets. Your own uninsured motorist property damage coverage, where available, may be easier. See our guide to collecting a judgment.
Small claims court
Small claims is designed for property damage disputes within a dollar limit that varies by state. You can usually go without a lawyer. See our small claims limits table and our guide to how small claims court works.
Deadlines
Property damage claims have their own filing deadlines, often two to three years but varying by state. See our statute of limitations table.
Frequently asked questions
Can I sue if the driver was uninsured?
Yes, but check your own coverage first and think about whether the person can pay a judgment.
Do I need a lawyer to sue for property damage?
Often not, especially in small claims.
Does hitting my car also mean I can claim injuries?
If you were hurt, you may have a separate injury claim with different rules and deadlines.