Can You Sue for a Car Accident If You Weren’t Injured?

In 2019, more than 12 million vehicles were involved in traffic accidents. Although car accidents claim tens of thousands of lives, and injure countless individuals daily in the United States each year, millions survive car accidents without physical injuries.

However, those who don’t sustain physical injuries may still incur thousands in property damages and face loss of income while dealing with their accident and property damage. 

If you’ve been in a non-injury accident, you may wonder about your rights and whether you can sue the at-fault driver. Understanding your rights and what type of compensation you can seek can help you decide what steps to take after your accident.

Can you sue for a non-injury accident?

Several factors determine whether you can file a lawsuit against the at-fault driver in a non-injury accident. Most no-fault states, such as Florida, require accident victims to receive financial compensation for property damage and other expenses through their insurance policy. Some, such as Pennsylvania, restrict lawsuits to accidents involving injury. However, even in no-fault states, accident victims may have legal grounds to sue.

Should You Hire a Non-Injury Automobile Accident Lawyer?

It’s always wise to speak to an auto accident attorney, no-injury and injury crashes included. Some injuries are not immediately apparent, and your lost wages and property damages can be substantial. A lawyer can help ensure you obtain the compensation you are entitled to receive.

It can also take time before the true cost of your accident becomes clear. Having an attorney negotiate on your behalf prevents you from accepting a settlement that doesn’t account for your losses.

What type of compensation can you receive for a non-injury accident?

Accident victims may receive economic damages, non-economic damages, and punitive damages. The types of compensation you qualify for depend on the accident’s location, the type of property damage sustained, and factors contributing to the accident. 

Economic Damages

Economic damages involve hard numbers you substantiate with invoices or receipts. Economic damages include medical bills, property damage costs, lost wages, personal care costs, child care costs, and transportation costs.

Although you may not have medical expenses if you weren’t injured, you may have property damage to your vehicle or its contents and additional child care or alternative transportation costs. You may also need to spend time away from work while dealing with the accident’s impact, resulting in lost wages. When you hire a lawyer for car accident victims, your legal team will help you calculate the appropriate amount of economic damages to seek.

Non-Economic Damages

Non-economic damages are harder to measure because they compensate victims for their accidents’ social and emotional toll. Non-economic damages cover the following non-monetary losses:

• Emotional impact. Although you may not sustain a physical injury, car accident victims may experience mental trauma and suffer emotionally after their accident. Over 39% of car accident victims develop post-traumatic stress disorder (PTSD). 
• Inconvenience. Being in a car accident can be time-consuming because accident victims can be questioned by police and spend time dealing with insurance companies. Inconvenience also covers the frustration from the accident.
• Loss of consortium. These are damages awarded to the loved ones of victims of car accidents. Suppose you’re in a car accident with your spouse. Your spouse develops PTSD or suffers other injuries that affect the way you interact with your spouse. Loss of consortium damages address the impact of your loved one’s injuries on your relationship. 
• Pain and suffering. Pain and suffering can encompass emotional impact, physical discomfort, and trauma from accident injuries.
• Quality of life. You may have grounds for quality-of-life compensation if your accident prevents you from enjoying your life as you previously did. 
• Social impact. Developing a phobia that prevents you from driving or riding in vehicles could impair your social life. Symptoms of PTSD may also affect your relationships. Accident victims may receive compensation if they experience reduced social opportunities and lose friends after their accident.

Punitive Damages

Accident victims in both fault and no-fault states may be able to seek punitive damages. While economic and non-economic damages seek to compensate accident victims for how their accident has changed their life, punitive damages focus on punishing the at-fault party.

In Florida, seeking punitive damages relies on the ability to prove the at-fault party acted without conscious regard for the safety of others or acted in a manner they knew was wrong. Many leading causes of car accidents, such as drunk driving and speeding, involve deliberate choices to break the law. In these cases, a lawyer for a car accident case can argue for their client to receive punitive damages.

Is It Worth Suing If You Weren’t Injured?

So, can you sue for property damage in a car accident that didn’t involve any injuries? Many people mistakenly choose not to file a claim if they aren’t physically hurt. This decision can end up costing you thousands of dollars in out-of-pocket expenses that could’ve otherwise been compensated, though.

For crash victims asking, “Can you sue for auto property damage?” It helps to consider these factors:

• Overall damages: The cost of your accident can exceed your medical bills and property damage, and include lost wages, emotional distress, and other costs.
• Time and stress considerations: Rebuilding your life and routine after a crash is difficult, and these stresses deserve compensation, too.

At the very least, you should speak with a car accident lawyer no-injury firm that can go over the true impact of your crash and your accident claim’s true value. 

What You Need To Prove in a Car Accident Claim

If your only losses are non-economic or property damage, you may be searching, “Can you sue someone for a car accident without injury?” The answer depends on the facts of your specific case.

Before suing for property damage, car accident lawyers gather evidence to prove these elements about the at-fault driver:

Had a Duty of Care

First, the evidence must show the at-fault driver had a legal obligation to act in a certain manner. Most motorists and other road users must act reasonably and carefully under the circumstances.

Violated the Duty of Care

Next, your attorney will show the other driver “breached,” or violated, the duty of care by acting carelessly or recklessly.

Caused Your Losses

Finally, the at-fault driver’s actions must have led to your injuries and losses. This step also involves showing the amount of harm you suffered, and the compensation you are owed as a result.

Navigating the Property Damages Claims Process

Whether you are in an at-fault state, like Pennsylvania, or a no-fault state, like Florida, the process for getting compensation for your losses follows the same general steps:

• Document the accident scene: If you can, take photographs of the scene and any damage to your vehicle, and get the contact information of any witnesses.
• Get repair estimates and collect proof of losses: Save all receipts and invoices, and take your car to a trustworthy repair shop and ask for an estimate.
• Notify the at-fault driver’s insurance company: In at-fault insurance states, you must notify the at-fault driver’s insurer of the crash and file a claim.
• Submit supporting documentation: If the insurance company asks for other bills or medical records to process your claim, you may need to provide them.
• Cooperate with the insurance adjuster: The insurer’s adjuster may want access to your vehicle to document the damage and prepare a settlement offer.
• Review the settlement offer carefully: Verify that the settlement offer you receive addresses your losses, since you usually cannot seek more compensation later.
• Accept or dispute the offer: After considering the offer, you will inform the insurance company whether you accept or decline it. 

In no-fault states, you must file your claim for property damages with your insurer, whereas in at-fault states, the claim is filed with the responsible driver’s insurer. This process can take several weeks to a month, or more, to complete.

What Happens After Damage Is Estimated?

Once an insurance company is found liable for your damages, it will typically take the following steps:

Pay for the Repair

The insurance company can choose to pay for your car repairs as set forth in the estimate and subject to any policy restrictions.

Pay for a Total Loss

If the insurer believes repairing your vehicle would cost more than it is worth, they might say your car is totaled and pay your car’s value instead of repairing it.

Offer You a Lowball Settlement

A common tactic of insurers is to offer you a “lowball” settlement, where they claim the estimate is too high, and try to get you to accept a lower amount.

Can You Claim Emotional Distress After a Car Accident?

“Emotional distress” is a legal term that refers to the mental and emotional effects that car accidents and other traumatic events can cause. Conditions, like anxiety, depression, and post-traumatic stress disorder (PTSD), are all forms of emotional distress. You might also have emotional distress if you suffer from nightmares or a fear of driving.

For car accident lawyers, no-injury cases where the victim suffered emotional distress can be complicated. The more documentation you have about your emotional and mental distress, the more successful your claim can be. Speak with a doctor or mental health therapist soon after your crash, and be honest about your symptoms.

Your attorney can discuss with you what records and documents you might need to support your claim for emotional distress. If they are available, these damages can be sought in addition to damages for injuries, and any property damage sustained.

How can non-injury accident lawyers help you after your accident?

An experienced lawyer for car accident no-injury cases will evaluate your claim and help you decide whether to negotiate a settlement or seek a judgment in court. Your car accident attorney can help determine the maximum compensation you could receive. 

Most individuals don’t have enough legal knowledge to pursue and win a lawsuit. When you hire a car accident attorney, you don’t have to worry about filling out legal documents and investigating your claim. Your legal team will research your accident, gather evidence to support your claim, and fight for you to receive compensation.

Contact a car accident lawyer to discuss the steps you should take after your accident and ensure you receive fair compensation.

Sources

Carlier, M. (2022). Road accidents in the United States – Statistics & Facts. 

FLA. STAT. § 768.72 (2022). 

Tull, M. (2019). The Risk of PTSD After a Car Accident.