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socrateaser
socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 37951
Experience:  Retired (mostly)
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Can I sue a contruction company which damaged my vehicle

Customer Question

Can I sue a contruction company which damaged my vehicle windo shield, bumper, and hood even when I wasn't in the vehicle?It happens in my apartment complex. Theyou were scheduled to start Aug 8th and they started Tuesday last week and still I drive with damages they didn't even call to try and fix it to my standards, the way I bought it. I just got the car last month after an accident and going through emotional distress because of it!!! Please help. I'm in orlando Fl.
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  socrateaser replied 4 months ago.

Hello,

The fact that you weren't in the vehicle is irrelevant to your right to sue. If you can show that the construction company's lack of reasonable care caused damage to your vehicle, then that's proof of negligence and you can sue for the value of your damages, plus any consequential damages (rental car costs, lost wages/profits, etc.).

In small claims court, you can sue for up to $5,000 without a lawyer. Emotional damages are very difficult to obtain, because you would need expert testimony from a psychologist or psychiatrist. You would have to pay for the expert's witness fees, and you can't recover those costs from the defendant. So, while I understand the emotional damages issue, unless you actually received professional mental health care, or you sue in a regular circuit court action, your damages will be for the vehicle repair costs, and any related out-of-pocket costs.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 4 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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