Can you sue someone for hitting your car?

August 8, 2025Car AccidentsWritten by Jeff Singer

Can you sue someone for hitting your car? Yes, and in many cases, pursuing legal action is not only possible but critical to protecting your financial future. At Goldblatt + Singer, we assist clients throughout St. Louis, Missouri, in navigating the aftermath of car accidents with confidence and clarity. If your vehicle was damaged due to another driver’s negligence, whether or not you sustained physical injuries, you may be entitled to compensation. Lawsuits aren’t just for catastrophic injuries; they’re a path to reclaim costs from auto repairs, lost workdays, and emotional distress. With insurance companies often trying to minimize payouts, understanding your legal options is essential. Our experienced team helps you evaluate the strength of your case, determine liability, and move forward with a claim that gets results. Don’t assume your losses are too minor for justice—what may seem small now can have long-term financial impacts.

can you sue someone for hitting your car

Why sue the other party’s driver?

You should sue when the at-fault party refuses to compensate you fairly. Legal action becomes essential in multiple scenarios, particularly when informal claims or insurance negotiations break down. You may find yourself dealing with an uncooperative or uninsured driver, a tight-fisted insurance company, or expenses that exceed policy limits. These aren’t just roadblocks—they’re red flags that your case deserves a legal remedy.

Some common reasons to sue include:

  • The driver lacked proper insurance or carried insufficient coverage
  • The insurer delays payment, denies liability, or undervalues your claim
  • You’re left with out-of-pocket costs for repairs, rentals, or medical follow-up
  • The crash involved reckless behavior such as DUI, texting while driving, or aggressive driving

Missouri’s comparative fault rule also plays a role. Even if you were partially responsible, you may still recover damages, with your award reduced by your degree of fault. For example, if you’re 20% at fault, you could still receive 80% of the claimed damages.

When discussions stall or liability is disputed, filing a lawsuit is often the best way to preserve your rights and pursue fair compensation. The courtroom can serve as a powerful tool to hold negligent drivers accountable and get you the full value of what you’ve lost.

Is it possible to sue even if there’s no injury?

Yes, you can sue even if you weren’t physically injured. Many people believe lawsuits only apply when someone is hurt. However, Missouri law also allows victims of property damage to hold at-fault parties accountable. If your vehicle was damaged in a crash due to another driver’s carelessness, you may be eligible for compensation, even in the absence of medical injuries.

You might face major repair bills, rental car expenses, and the diminished value of your vehicle after it’s been fixed. These aren’t minor issues—they affect your finances and disrupt your daily life. Additionally, the emotional toll of the accident, including stress and inconvenience, can be substantial.

Missouri courts recognize these hardships. Property damage claims are a valid and important part of personal injury law. Whether the damage was cosmetic or rendered your car inoperable, your case has value. Filing a claim also sends a message that negligence has consequences, even in non-injury scenarios.

We help St. Louis drivers explore all available legal options. Don’t assume you have to absorb these costs on your own. Legal action could be the most effective way to recover your losses and move forward with peace of mind.

How is fault determined in an accident?

Evidence, statements, and legal definitions of negligence determine fault. Understanding how fault is assigned is crucial in building a strong car accident claim. Missouri follows a comparative negligence rule, which means multiple parties can be found at fault for a single accident. If you are partially responsible, your compensation will be reduced proportionally. However, this doesn’t eliminate your right to recover damages.

In Missouri’s comparative fault system:

  • You can sue even if you were partly at fault
  • Your damages will be reduced by the percentage of your fault
  • A fair and accurate determination of fault is essential for a successful claim

Key evidence used to determine fault includes:

  • Police accident reports
  • Eyewitness statements
  • Photos and dashcam footage from the scene
  • Traffic citations are issued to any party involved

Insurance companies will scrutinize every detail to shift blame or deny payouts, which is why thorough documentation is vital. An attorney can go a step further by consulting with:

  • Certified accident reconstructionists
  • Private investigators
  • Forensic experts, when applicable

By collecting and analyzing this data, we build persuasive legal arguments that establish fault clearly and convincingly, ensuring your case has the support it needs to succeed in court or settlement.

Steps to take after a car accident (explain steps)

Following the right steps after a crash protects both your safety and your claim. A car accident, even a minor one, can be disorienting. In those first moments, the actions you take can significantly affect both your physical well-being and your legal case. According to the Missouri Department of Revenue, failing to follow proper protocol can lead to fines, lost compensation, or criminal charges.

Here’s what to do:

  • Stop immediately: Missouri law requires every driver involved in an accident to stop immediately, regardless of how minor the incident may seem. Failing to do so can result in serious criminal charges, including hit-and-run violations, which carry steep fines and even jail time. Pull over safely and remain at the scene.
  • Ensure safety: Move your vehicle only if it’s creating a road hazard. Check on all parties and provide first aid if needed.
  • Call the police: An official police report is crucial for determining fault and supporting your insurance or legal claim.
  • Warn other drivers: Use hazard lights, road flares, or reflective triangles to prevent further collisions.
  • Exchange information: Be thorough when collecting details from the other parties. Get full names, phone numbers, home addresses, driver’s license numbers, vehicle plate numbers, and the name and policy number of their auto insurance company. These details will be needed for claims and any future legal proceedings.
  • Do not leave the scene: Stay until law enforcement has arrived and cleared you to leave. Leaving early can hurt your legal case and may be interpreted as an admission of guilt or evasion. Follow all instructions from responding officers.

Additionally, you must report the accident to the Missouri Driver License Bureau if:

  • Property damage exceeds $500
  • The other driver is uninsured
  • Was anyone injured or killed

Following these steps safeguards your health and legal rights and sets the groundwork for a strong, well-documented claim.

Damages you can claim

You can recover a variety of damages under Missouri law, including:

Economic damages:

Vehicle repair or replacement costs can vary greatly depending on the severity of the collision. However, even minor fender benders can result in thousands of dollars in damage. Beyond the visible damage, underlying mechanical issues may require additional diagnostics and repairs. Medical expenses may include emergency care, follow-up visits, prescriptions, and therapy—even if injuries appear minor at first. These costs can accumulate quickly and often surpass what insurance initially offers.

Lost income refers to wages you miss while recovering or attending medical appointments. If your injuries are long-term, this may also involve lost earning potential. Lastly, transportation costs arise while your vehicle is in the shop, whether it’s rental car fees, public transit expenses, or rideshare services. Each of these economic damages has a direct financial impact and should be carefully documented and included in your claim to ensure full compensation for your losses.

Non-economic damages:

As defined by Missouri Revised Statutes Section 538.205, noneconomic damages cover a broad range of personal losses that don’t have a direct monetary value, but can significantly impact your life. These include physical, emotional, and psychological effects that result from a car accident, even in cases where your injuries might not be immediately visible.

Examples of these damages are:

  • Pain and suffering
  • Emotional distress
  • Inconvenience caused by ongoing treatment or disability
  • Loss of enjoyment of life, including inability to participate in hobbies or social activities
  • Physical disfigurement or impairment
  • Loss of companionship or the ability to maintain personal relationships

While these forms of loss are harder to quantify than economic damages like repair bills or medical costs, they are just as real and valid. An attorney can work closely with medical experts, therapists, and your own account of daily life to build a compelling case for every aspect of your suffering. You deserve to be made whole, not just financially, emotionally, and personally. Let us ensure that every form of harm you’ve endured is recognized in your claim.

Speak with a St. Louis Car Accident Attorney Today

If you’re asking yourself, “Can you sue someone for hitting your car?”, the answer is clear: you can, and often, you should. At Goldblatt + Singer, our car accident lawyers represent everyday people in St. Louis who need help standing up to insurance companies and negligent drivers. If you’ve been in a car accident, don’t wait. Contact us today at (314) 231-4100 for a free consultation and start your path to full recovery.

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Jeffrey Singer

Jeff Singer, Managing Partner at Goldblatt + Singer for over a decade, is a seasoned personal injury attorney known for his compassionate yet tough advocacy. He has resolved hundreds of cases and recovered millions for clients. Recognized as a Missouri Super Lawyer and Top 100 National Trial Lawyer, Jeff also serves on the Missouri Bar’s Chief Disciplinary Committee and the Board of Governors for the Missouri Association of Trial Attorneys.

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This page has been created, edited, and reviewed by a team of legal writers following our thorough editorial guidelines. It was approved by our Founding Partner, Jeffrey Singer, who has over 30 years of experience as a personal injury attorney.