If you end up in a car accident, you may be worried that you can’t make any claims if you were not injured. However, this is not the case. You do not need to be uninjured in an accident to be able to make a valid claim.
We typically associate car accident claims with victims who are injured, but you do not need to have sustained injuries, it is not a requirement to sue after a road accident. You can sue to cover damages after the event.
A lawsuit may not always be relevant after a car crash has occurred. However, it may be relevant in the case that your car was damaged in an accident at the fault of someone else, yet the insurer will not pay you to repair your vehicle, or otherwise.
If you decide to sue for damages after a crash, you will be needing to prove that it was not you, but another road user who caused the accident to occur, and thus caused the vehicle damage you are trying to claim for.
Should you be unsure if you should claim for this, accident attorneys will usually offer to review a case for free, helping you see if this could be the right course of action for your case. Or if it is going to be more expensive than it is worth.
Suing For An Accident
One of the best ways that you can receive compensation from an accident is to hire a personal injury lawyer.
Physical injuries are not the only ‘injuries’ that can be had from a car accident. Accidents on the road can also cause emotional trauma, distress, damage to property, and financial losses, among others.
If you find a passionate lawyer to help you, you should be able to get the compensation you deserve for these things.
For the most part, people who have been in a car accident but not injured, are most likely to sue for compensation for vehicle damages and financial loss. However, if you were in an accident, you may also want compensation for emotional distress too.
Do not forget that you and your lawyer/ attorney will need to prove that the other party is responsible for the accident. We recommend getting a ‘dashboard camera’. You can easily get sets that will have a front camera, and a rearview camera too.
Having a camera set up on your car will easily help to protect you in the event of an accident, proving that you are not at fault. Footage from these can usually be enough to have a successful claim.
Suing For Damages
When you are applying to sue for damages on your vehicle, you should check if the claim will qualify. Even if the damage is not extensive, you could still fight for compensation in a small claims court.
Check the limitations for this, and you may be eligible. However, if your damages are more extensive than a small claim will allow and the insurance will not settle. Then you will need to take this to civil court instead.
Do not forget to also look up laws, and rulings on the subject for your state. While many laws of the road are mirrored across all states, not every state runs the law the same.
Suing For Negligence With No Injuries.
Negligence is one of the most common causes of road accidents. Depending on the state you live in, and the situation of the accident, you may be able to sue on the grounds of negligence.
If another driver fails to be road conscious and cautious, their negligence may cause damage to the property of others or injury. In this case, you will have legal rights to sue and get compensation.
Cases like such could include drunk drivers, someone who was texting while driving, road rage incidents, and more.
Remember, an injury does not only need to be physical to apply.
Lawsuits & Claims For Car Accidents
If you are hurt in an accident, you will usually claim for medical care, a loss of income, and suffering. However, when you aren’t injured in an accident, you can claim for other things if the accident was not your fault.
This can include, damages to property, costs for repairs or a rental car, emotional trauma, and so on.
You will require three pieces of evidence;
- Requirement to follow road rules.
- Failure upon the other party to follow road rules.
- Damages you suffered financially and otherwise due to these actions.