Is it Mandatory to File a Lawsuit for Vehicle Damage?
No. If the damaged vehicle has comprehensive insurance, the policy can be used, and the insurance companies will handle the claim between themselves. If the matter is not settled amicably, a tort claim can be filed in court against the at-fault driver and/or their insurance company.
My Vehicle Was Damaged by a Third Party, and I Want to Sue Without Involving My Insurance; What Should I Do?
When an accident results in no bodily injury, a claimant seeking compensation for damages has three options:
- Reach a settlement with the at-fault driver for damage payment without involving insurance (usually done when damages are minor, or both parties do not wish to activate insurance);
- If the policy requires reporting all insurance events, but the claimant does not wish to activate insurance: the insured must contact the insurer immediately and request a signed original “no claim filed” confirmation.
- Without a contractual reporting obligation (in the policy), a lawsuit can be filed against the at-fault party and/or their insurance company (if any). This option is often used when the at-fault party’s insurer is unwilling to pay a sum acceptable to the claimant.
What is a “No Claim Filed” Confirmation?
A document issued by the insurer stating that the insured reported a vehicle damage incident but did not file a claim under their insurance policy. Insurers insist on this form to prevent duplicate claims; i.e., the claimant suing both the at-fault driver and the insurance company.
Vehicle Damage: Suing for Public Hazards
Vehicle damage from public hazards: Whom can you sue? The municipality, or your insurer if you have comprehensive coverage.
Municipality vs. Insurance: Why Sue the City?
Claimants often sue the municipality. This avoids deductibles and preserves “no claims” discounts. However, only road obstacles justify claims. Examples: potholes, protruding garbage cans, poor lighting.
Bodily Injuries: Road Accident Complexities
Bodily injury from road accidents is complex. What if the at-fault driver is uninsured? What claims are possible? Can a small claims lawsuit cover injury? What documents are needed? What about work commute accidents?
For your convenience, we have compiled all the answers in the article – Bodily Injury in Road Accidents: How and Whom to Sue?
Vehicle Damage Claim: Required Documents
What to include in your vehicle damage claim? Documents vary by circumstance. However, these are usually needed:
- Copy of damaged vehicle’s registration.
- Copy of compulsory insurance policy.
- Photos of damage and accident scene.
- Graphical sketch of accident.
- Incident video (if vehicle has camera).
- Appraiser’s report and invoice.
- Repair invoices.
Additional Documents for Your Claim
If police reported: accident report, indictment, court judgment. Include supporting documents as relevant. Also, medical documents for bodily injury or distress. Keep all relevant accident correspondence. This includes insurer letters or warning letters.
How Long Can an Insurance Benefit Claim Be Filed?
If only suing the insurance company, the claimant has 3 years from the date of the qualifying event to do so. Section 31 of the Insurance Contracts Law, 5741-1981 sets a shorter limitation period than that provided in the Law of Limitation (usually 7 years). If the claim also includes bodily injury and disability percentage: some insurance companies stipulate in the policy that the limitation period begins from the date the disability percentage is determined; i.e., this is the starting point for the 3-year period.
Where to File a Vehicle Damage Claim?
Small Claims Court: Is It Right for Your Case?
It depends on your damages and desired relief. If compensation is under ILS 38,900 (2023), file a small claims lawsuit.
Benefits of Small Claims
Many prefer small claims, even with less compensation. The process is efficient, faster, and cheaper. It beats standard civil proceedings significantly.
