You are parked in a parking lot and are just about to leave when the driver in the space directly in front of you reverses and fails to use his brakes in time. His rear bumper hits your car and smashes the right hand side headlight. It’s plainly his fault, so you have the right to make a personal injury claim to obtain compensation for the headlight repair.
If the driver’s insurer makes objections, it can be helpful to contact a personal injury attorney for legal help. Note that even if you live in a no-fault state and have PIP insurance this does not cover damage to your vehicle that is not your fault.
Compensation for Damaged Headlights
The cost of replacing a damaged headlight must take into account the cost of labor as well as the fact that it can have an impact on your ability to drive the car. For example, if it takes more than a couple of days to get the headlight fixed, you will not be able to use your car, as it is illegal to do so.
The cost of this inconvenience, e.g. using a taxi or a rental car to get to work instead of your car, should be added to the compensation claim against the driver’s insurer. The cost of replacing a single headlight again depends on the model of your car, but a ball park figure would be around $460 all up, for the headlight and labor for a middle of the road used car like a Honda Accord.
You Must Prove That You Were Not at Fault
You will need to file your claim for headlight repair with the at-fault driver’s insurer. This will be problem free if the other driver admits fault, secure in the knowledge that he or she has insurance, but can get tricky if the driver who smashed your headlight(s) doesn’t admit fault.
You will then need to have sufficient proof that you were not to blame so that the other driver’s insurer has no leg to stand on when it tries to deny your claim. Eye witness statements are ideal, especially if the eye witness is willing for you to use a statement from them. Photos taken of the damage are also useful. If you are quick when the accident happens, you may be able to use your cell phone, for instance, to snap the other car when it backed into your headlights!
Why a PI Lawyer Can Prove Useful
If your total bill for replacing a headlight or headlights is quite high, e.g. if you have a high value, rare model car and the headlights are hard to source, you may find it preferable to use a personal injury attorney to help you with a claim. This is especially true if the claim is in the thousands.
PI attorneys rarely charge up-front fees and will usually provide a free initial consultation. They will take on your claim if it is likely to succeed and then take their fee after settlement is achieved. Fill out the Free Case Evaluation above today
