Is It Worth Suing the Other Driver for Property Damage After a Car Accident?

Following a car accident, one of the most common consequences is property damage. Even if there are no major physical injuries, property damage is almost always going to occur in an auto crash. Though many people will simply contact their insurance company to deal with it, not every case is straightforward. In some cases, a person can pursue compensation for damages, but to do this, they will need to work with a car accident lawyer. 

Powell Law Firm has been working with those who need a personal injury attorney in St. Louis for many years, and the team can help determine if it's worth taking action against someone for a car crash to collect damages. They can advise on Is it worth filing a claim if there were no injuries?

Understanding Damage Claims - Is it Worth Suing?

When a car or truck is damaged in an accident, generally, the driver's car insurance company will take care of any and all accident claims. In Missouri, there is a fault-based system in place, which means that the driver who caused the accident is the one responsible for covering damages. This includes any harm to vehicles, personal property that was inside the vehicle at the time of the car crash, and often additional costs like towing fees. 

In general, insurance will cover costs including car rental and property damage alone. They also cover the following: 

• Structural damage to the vehicle's body

• Broken windows or windshields may be covered under the motorist coverage in a car accident claim.

• Bent frames or suspension

• Blown tires, axles, or engine parts

• Broken personal belongings that were in the vehicle, i.e., laptops, phones, tools, etc.

If the driver found to be at fault is insured, their policy will generally cover all of these costs. However, if the other driver cannot file a claim due to the other driver's insurance being unavailable, limited, or disputed, the other driver may consider suing, with or without major bodily injury. 

When an Insurance Claim Doesn’t Fully Cover the Damage After an Auto Accident - Uninsured or Underinsured Drivers

One of the most common reasons a vehicle owner would seek compensation for a car accident is because the other driver's insurance would not cover the cost of repairs. Even if another driver is clearly at fault for the accident, their insurance policy may be limited. In Missouri, drivers are required to carry a minimum of $25,000 in liability insurance, but many vehicles out there, including trucks, SUVs, and electric vehicles, are worth much more than that minimum. In this case, it is worth looking into suing following a car accident, but to do this, hire a car accident lawyer in St Louis to step in to help. 

Examples of situations that may lead a person to consider pursuing a case include: 

• Underinsured Drivers - A driver who damaged property but doesn't have enough insurance to cover the cost of the property damage.

• Denied Claims - If the driver's insurance company rejects the claim, there might be other ways to cover the costs of the accident due to someone else's negligence

• Lowball Settlements - Oftentimes, an insurance company will offer a payout to the other driver, but it's far below the actual cost of the repair. 

• Delays or Bad Faith Practices - If the insurance company delays the case, or if they act in a way that violates any good-faith handling of the case, it's possible to file a car accident suit.

If damage to a vehicle has occurred in an accident, with or without injuries, personal injury claims are possible with the right lawyer.

What to Do After a Car Accident to Ensure the Claim Process Runs Smoothly

The driver may be able to recover compensation from a car accident even if the other driver doesn't have insurance or doesn't have enough insurance. The driver who was hit does have the right to sue, even without injuries, for property damage if the car is damaged. Suing may be the only recourse a person has. 

The first thing to do is report the damage and contact your insurance company. If the other driver doesn't have insurance, but the driver who was hit has uninsured motorist coverage, that can help cover the cost. If the insurance company refuses to pay for the policy is at the limit of what the insurance can cover, it's possible to fight the claim or pursue other legal action. The driver will need to provide evidence before they take legal action. A lawyer can help explore your options and help you navigate this complex system. They can also help with questions like Is it worth taking a car accident case to court?

Legal Options for Recovering Damages - Accident Claims

In Missouri, if an accident caused a lot of damage to the vehicle, the owner has the right to file suit to cover property damage. Even if a person was not severely injured in an accident, they can still work with a lawyer to pursue damages. There are two main ways to do this: 

• Small Claims Court - If the damage is minor, less than $5,000, in Missouri, it's possible to make a small claim in court. It is usually less formal and faster to take this route in a car accident lawsuit. However, the person who was hit will never get more than $5,000 in this scenario.

• Civil Court - If the damages caused by the accident were more than $5,000, the case must be filed in civil court. In this case, it could be worth it to take action after a car accident. 

It’s important to note that suing for property damage is separate from suing for personal injury. A driver can pursue both, but they are considered separate claims under Missouri law.

Suing After a Car Accident - Pros

Lawsuits are sometimes seen as a last resort, but there are situations where trying to recover compensation offers some great advantages. 

Full Compensation for a Property Damage Claim

If insurance coverage is inadequate, taking action may help recover the full amount needed for repairs or replacement, including damages not covered by insurance—such as diminished value or rental car costs.

Accountability for Someone for Damaging Your Car

Filing a suit may be the only way to hold a negligent driver responsible, especially if their actions were reckless or intentional.

Deter Future Negligence 

In some cases, legal steps may serve to discourage repeat offenses, particularly when a driver has a history of crashes or poor conduct on the road.

Personal Injury Legal Costs May Be Recoverable

In rare situations, Missouri courts may allow the plaintiff to recover attorney’s fees or Court costs can add up quickly in a car accident lawsuit., especially in cases involving bad faith or malicious conduct, which may arise during a car accident lawsuit.

Cons and Challenges of Suing for Property Damage

While there are potential benefits to suing, it’s essential to weigh the drawbacks before moving forward with litigation.

Legal Costs to Sue for a Car Accident

Pursuing a lawsuit—especially in civil court—can involve court fees, expert witness costs, and attorneys’ fees. If the damages are only slightly above what the insurer offered, it may not be financially worthwhile.

Time Commitment of Property Damage Cases

Litigation is time-consuming. A simple insurance claim might take weeks, while a lawsuit could stretch over months. For some people, the delay in the resolution of their car accident lawsuit may be more trouble than it’s worth.

Need for Strong Evidence When You to Support Your Cl

To win a property damage case, the plaintiff must prove both liability and damages. This requires police reports, photos, repair estimates, witness statements, and sometimes expert testimony.

Uncollectible Judgments If You Sue Someone for Damaging Your Car

Even if the court rules in favor of the plaintiff, collecting payment from the insurance company may be another hurdle. If the at-fault driver is uninsured, unemployed, or financially insolvent, they may be judgment-proof—meaning there’s little chance of recovering the awarded damages.

Statute of Limitations for Car Accident Claims

In Missouri, the statute of limitations for filing a property damage lawsuit is five years from the date of the accident. Missing this deadline can result in losing the right to file suit entirely.

Alternatives to Suing in Missouri - If it Might Not be Worth It

Before filing a lawsuit, there are several alternative options that vehicle owners in St. Louis should consider.

Mediation or Arbitration Following a Crash 

Some disputes can be resolved through mediation or arbitration, particularly if the insurance company is willing to negotiate. These options are less formal and often less expensive than court proceedings.

Filing a Complaint with the Missouri Department of Insurance

If an insurance company is acting in bad faith—delaying, denying, or undervaluing claims—policyholders may file a complaint with the state’s Department of Commerce and Insurance.

Subrogation

In some cases, if the driver uses their own collision coverage to repair the vehicle, their insurer may pursue the at-fault driver’s insurance company for reimbursement. This process is called subrogation and can help cover the insured driver’s out-of-pocket expenses.

Small Claims Court Without a Personal Injury Lawyer

As mentioned earlier, for claims under $5,000, small claims lawsuits offer a simpler and more affordable path to resolution—often without the need for a lawyer.

When It is Good to Hire a Car Accident Lawyer

While most vehicle damage claims are resolved through insurance, certain circumstances justify action against another motorist.

• Substantial Damage: If the vehicle is totaled and the at-fault driver’s insurance doesn’t come close to covering replacement value, a lawsuit may be the only way to recover losses.

• Clear Fault and Strong Evidence: If there’s no doubt who caused the accident and solid documentation exists, the odds of success in court improve significantly.

• Financially Stable Defendant: If the at-fault driver has personal assets or additional coverage (e.g., umbrella insurance), a lawsuit may lead to real recovery.

• Additional Property Loss: If other items were damaged—such as trailers, tools, or cargo—those may justify further compensation.

• Bad Faith Conduct: If the insurance company fails to process the claim fairly, legal action may also include a bad faith claim, which can increase the potential recovery.

How a Car Accident Attorney in St. Louis Can Help

Navigating property damage claims isn’t always simple—especially when insurance coverage is insufficient or negotiations break down. A car accident attorney in St. Louis can provide critical guidance at every stage of the process.

Free Case Evaluation

An attorney can review the details of the accident, evaluate the strength of a potential lawsuit, and determine whether filing is financially beneficial.

Evidence Gathering and Walking You Through the Claim Process

Lawyers help collect and preserve crucial evidence—photos of the accident scene, repair estimates, expert opinions, and more—needed to support your claim in court.

Negotiating with Insurers Before Filing a Lawsuit

Insurance companies often take claimants more seriously when they’re represented by counsel. A skilled attorney can negotiate for a fair settlement and push back against low offers.

File a Property Damage Lawsuit

If a lawsuit becomes necessary, the attorney will handle filings, court appearances, depositions, and trial preparation, ensuring the case is properly presented.

Local Knowledge 

An attorney familiar with Missouri laws and St. Louis court systems offers a distinct advantage. From small claims court to complex civil litigation, local expertise matters.

In many cases, damage claims may be handled on a contingency fee basis, meaning the attorney is only paid if compensation is recovered.

Can I Sue Someone for Damaging My Car? 

Suing the other driver for damage is a serious decision. While insurance typically resolves most claims, gaps in coverage, denied claims, or low settlement offers can make legal action necessary. For Missouri drivers—especially those in the St. Louis area—it may be worth taking action against an uninsured driver, under-insured driver, or others if the damage is significant, fault is clear, and the at-fault driver has assets or insurance that could cover the loss.

Before taking any legal step, it’s wise to consult a local attorney who understands Missouri’s property damage laws and the realities of pursuing compensation in court. A qualified legal professional can help determine whether legal action is the most effective path—or if alternative solutions may offer a faster, more affordable resolution.

Have you had damage to your vehicle and want to receive compensation? Contact Powell Law Firm.