Can You Sue Following a Car Accident If You’re Not Hurt?
June 13, 2023
Anyone who ever gets in a car accident is thinking about pursuing a lawsuit following the event, especially if they are not guilty. But most of the time, car crash lawsuits are associated with physical injuries. So, if you did not get injured, you may be thinking about whether pursuing a lawsuit will have any positive results.
Any car accident involves a party that was liable, and even if there were no injuries, there may be property damage that still needs compensation. Can you sue even if you were not hurt in a car wreck? The answers you seek will be presented below.
Can You Sue Following a Car Accident Even if You’re Not Hurt?
The short answer is “yes”. You can definitely sue someone if they caused a car accident and you were a victim, even if you did not sustain any physical injuries. While there may be no injuries to need compensation for, you can still claim compensation for accident-related expenses, such as emotional trauma, property damage, and others.
Many times, the other party will offer you a settlement. Sometimes, the settlement is unfair. Not to mention, there are cases where the insurance company may refuse to accept property damage claims altogether. When this is the case, you can simply proceed with a lawsuit.
Can You Sue Someone for Negligence Without Being Injured?
Many car crashes happen due to one driver’s negligence. This leads to property damage and injury. However, you can sue someone for negligence even when you were not physically injured in the collision.
A distracted driver might have rear-ended you yet not caused any injuries, or a drunk driver may have sideswiped. So, you can make these drivers pay for their negligence if they caused any pain or emotional trauma.
Can You Sue Someone for Damaging Your Car In a Collision?
Even when you do not get injured in a car crash, chances are your vehicle has suffered some damage. That could be in the form of scratches, dents, or more. The car is your property, meaning that if the other driver damaged it, you could sue for property damage.
Where you take your claim depends on the severity of the damage. For instance, a small claims court may be more suitable when the damage is not too serious.
However, it’s critical to check the small claims court limits in your particular state. Not all cases are eligible, so you want to make sure yours does before filing it. When the damages exceed the type allowed by the small claims court and you cannot settle with the insurer, taking the case to civil court may be a better option.
Things You Should Do After Being Involved in a Car Accident With No Injuries
What you do immediately after a car crash can influence the outcome of the case. Therefore, you should instantly be evaluated by a medical professional, even if there are no visible injuries. Sometimes, you may discover injuries too late, and when this damage is not treated, it can get worse.
Not to mention, you should also gather as much evidence as you can. Make sure you collect photos of the accident scene, photos of the vehicles, and witness contact information and statements.
Things You Need to Prove in Order to File a Car Accident Claim
If you need to file a car accident claim following a collision, you will need to prove a few things, respectively fault, and negligence. In order to do this, you’ll need to show evidence of the following things:
- The driver was unable to uphold his obligation and therefore caused the car wreck
- The driver was legally obligated to follow certain road rules
- The accident caused financial damages to you
It may be hard to do this by yourself, which is why it’s crucial to hire an experienced car crash attorney who can help you gather evidence and preserve it. Furthermore, an attorney will also be able to negotiate a suitable settlement with the insurance company on your behalf, ensuring you get the right amount.
Each area has several car accident lawyers or law firms that can help you. In California, you have 2 years from the date of the car accident to file a wrongful death or personal injury claim. So, it’s necessary to hire a San Mateo car accident lawyer as soon as possible.
Final Thoughts
You don’t have to be injured to sue following a car accident. Make sure to seek medical evaluation and then hire a lawyer to take the right steps when making a claim.