Did you know that only 43% of motor vehicle crashes result in injuries? Most people involved in vehicle accidents assume that insurance covers injuries only.
Based on this assumption, they accept the little settlement offered by insurance companies, which barely covers the cost of repairs. But is that it? Should you sue for a car accident if you were not injured?
The simple answer is yes. While you may not have suffered an injury, the car accident may have caused other damages.
If your car accident resulted in any damage, whether you suffered an injury or not, seek the legal advice of a non-injury car accident attorney to help you get fair compensation for your claim.
This article will cover everything you need about non-injury car accidents and advice on seeking compensation for your damages.
Understanding No-Injury Car Accidents, Lawsuits, and Insurance Claims
If you were fortunate enough to escape a vehicle accident unhurt, you might be unsure of your options for receiving compensation for your other damages.
Generally, in vehicle accident incidents, the victim is in charge of filing a claim with the insurer to initiate the claims process.
You can claim property damages, medical expenses, lost wages, pain and suffering, and other damages. But you would not be eligible for bodily injury-related damages if you were not hurt in the collision.
The criteria for a personal injury lawsuit are:
- You were involved in an accident caused by another person’s negligence
- You were hurt as a result of the accident
- You suffered significant economic losses as a result of your injuries
If your case does not meet all these three requirements, you may not be eligible for compensation in a personal injury case. However, you can file a non-injury car accident claim and pursue compensation for property damage.
Do Non-Injury Car Accident Cases Settle or Go to Trial?
Physical injury resulting from car crashes is usually settled with the insurance provider. However, this is not always the case.
A car accident claim can turn into a lawsuit if a settlement agreement cannot be reached. This action may be necessary if there was considerable damage to your vehicle or the other motorist denies being responsible for the accident.
Although you were unhurt and have no healthcare costs or injuries that require treatment, you are likely to have incurred some property damage. Even a minor fender bender can result in significant damage, for which compensation is required.
So, if you were the accident victim, you could still file a property damage claim with the at-fault driver’s insurance provider.
Seeking Compensation After a Car Accident with No Injuries
Most states allow you to seek non-injury damages after a motor vehicle accident. If the accident resulted from the at-fault motorist’s negligence, you could hold them liable and seek compensation for any damages incurred.
What Non-Injury Damages Can You Recover?
In the case of a non-injury auto accident, you may seek compensation for damages, including:
- Property damage:-Financial restitution to cover the cost of repairing your car and any damaged personal property.
- Emotional suffering:- Trauma and other emotional health consequences resulting from the car accident.
- Lost wages:- If you cannot work, you may be entitled to compensation for your lost income or reduced capacity to earn.
The damages you can collect will depend on the particular circumstances of your case. Every car accident is different, and the extent of the damages will determine the compensation you can get. A non-injury car accident lawyer can help you understand your options.
Fault Versus No-Fault Considerations
Your ability to seek compensation is partly influenced by the state in which you live. Your state’s laws and regulations will determine how you should go about the insurance claims process.
When it comes to auto accident claims, there are two types of states: fault and no-fault.
· Fault States
Most U.S states use a fault-based insurance system. In these states, you directly take legal action against the negligent motorist’s insurance provider.
States have a statute of limitations for filing a lawsuit. In Louisiana, a fault state, the statute of limitations is one year.
It means you have only one year to file a claim with the motorist’s insurance provider, who was at fault, to obtain compensation for your damages.
· No-fault States
You cannot file a personal injury claim against the driver responsible for the auto accident in no-fault states like Florida and Pennsylvania. Instead, you must lodge a claim with your insurer using a form of insurance policy known as personal injury protection (PIP).
That said, you might be able to sue the at-fault motorist if your damages exceed your PIP insurance coverage limit and result in more severe harm or damages.
If seeking compensation from an uninsured or underinsured driver, it may be necessary to explore alternatives to get the funds you need to recover your damages.
In such circumstances, the best course of action is to seek compensation from the motorist or their insurance company in a lawsuit. An auto accident lawyer can help you get the compensation you deserve.
How Can a Car Accident Attorney Help With Your Non-Injury Claim?
Most non-injury auto accident victims recover compensation through out-of-court settlements. A non-injury car accident lawyer can help you prove your case in several ways, even if you did not suffer any injuries from the accident. Some of the ways attorneys can help include the following:
Free Consultation
At Legal Giant, we provide a free case evaluation to all car accident victims. Contact us immediately if you need help negotiating with the at-fault party’s insurance provider or want to learn more about your legal options.
Gather Evidence and Prove Fault
Car accident attorneys understand the legal process inside and out. For you to obtain compensation for your damages, you must prove liability.
An experienced attorney will help you prove liability in your car accident claim, including injury and non-injury damages, and formulate the best strategy that allows you to recover maximum compensation.
Your non-injury car accident attorney will work with you to gather the documentation needed to prove your case, including:
- Police reports
- Medical records and bills
- Photos of the accident scene
- Photos of property damage
- Out-of-pocket expense receipts for damages and repairs
These pieces of information will help build your case and negotiate fair compensation.
Handle the Insurance Company
Negotiating with the insurance company is the only way to secure a reasonable settlement. You will need to cooperate with the insurance company’s claims adjuster throughout the claims process and provide tangible proof of your damages.
The insurance provider will either agree to pay for your auto repairs and the cost of replacing your vehicle or make a much lower offer than you expect.
If you are not confident in negotiating with insurance adjusters, a non-injury car accident attorney can do it on your behalf and fight for the compensation you deserve.
Besides, you may need to file a lawsuit if you cannot settle the claim with the insurance company. Litigation is stressful, expensive, and time-consuming.
While going to trial is unlikely, if you do, you will need an experienced car accident lawyer to help you through the process.
Is it Worth Suing After a Car Accident if I am Not Injured?
Unfortunately, it depends. It might not be worth your time to sue the other motorist if you can recoup the cost of your losses through an insurance claim. In fact, most non-injury car accidents do not call for lawsuits.
But even without injuries, your claim can still be strong enough to warrant a lawsuit if you incurred exceptionally high property damage that your insurance company cannot cover. Even if you escaped a car accident unharmed, you could have suffered financial losses.
A local non-injury car accident attorney can review your accident-related costs and calculate the total losses incurred to know the value of your claim.
An attorney will determine whether you should file an insurance claim or pursue a lawsuit for compensation.
What To Do if You Get in a Car Accident Without Injuries
After a car accident, you should undergo a thorough medical examination. You may look okay at first, only for symptoms to appear later. If left untreated, injuries may get worse over time.
Another thing you need to do is to gather as much information about the collision as possible. The attending police officer will give a fair account of the collision.
It would be best if you also took the:
- Photos of both vehicles
- Photos of the accident scene
- Witness statements and their contact information
- Your account of events
The next step is determining whether to file an insurance claim or a lawsuit to recover damages. Your attorney can help you determine your case’s best course of action.
Speak to a Non-Injury Car Accident Attorney Today
Even if you do not have any noticeable symptoms after a car crash, it is advisable to wait a few weeks before finalizing your settlement terms.
Sometimes the onset of injury symptoms is delayed, particularly for head injuries and soft tissue damage.
Whether you pursue the auto accident claim on your own or with a car accident lawyer, you will have to follow the structured settlement procedure to get compensated for your property damage.
Legal Giant focuses on various legal issues, including property damage and personal injury claims. Contact us today to schedule your consultation and discuss your non-injury car accident claim.
