Legal Question in Civil Litigation in Virginia
My boat was tied to the dock and was hit by boat going into launch ramp. It has be 90 days agoe and still e will not pay for damages. I have accident report and he admitts to fault. Gave him estimate. Now he says he will not pay me to have my property damage. he said he wiil only pay the people who wrote the estimate and he will make all the arrangement. I do not want him involved at all in repairing my property. He informed me yesterday that is the only way he will pay for the damage unless I sue him. This is a large boat that can not be put on a trailer so having the repairs done is not that simple. I live aboard and will be displaced while this is being done so it must be done at my conveyance not his is my thoughts. If I have to take him to court, is it my right to sue for all damages and my displacement and well as the captain that i will have to hire to deliver the boat.
2 Answers from Attorneys
Yes, of course, you can sue for all damages which are reasonably related to or arising out
of the accident described. However, whether the court in which you sue will recognize all of your
damage claims is another matter, but that is an issue that will not be normally definitively definable
in your initial complaint in a situation such as you've described (my opinion).
FYI, compensatory damages are those which relate to your so-called actual "out of pocket"
expenses incurred as a direct result of the accident, beginning first and foremost with the damage to the vessel.
Other claims, however, which may not be directly related to the accident but arise nevertheless as a consequence thereof are known as consequential damages and may (or may not) be sustainable in the course of the litigation.
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