Can I Sue After a Car Accident If I Was Not Hurt?

What Options Are Available After A Car Accident With No Injuries?

Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?

Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.

Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.

Filing Car Accident Claim with Insurance Company

The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer.

When filing a property damage claim, you will typically do so through the negligent party’s insurance company. In a best-case scenario, this is where the issue can be resolved, and you will not need to escalate to the point of a lawsuit.

However, there are cases in which a motorist is, unfortunately, uninsured: in fact, the Insurance Research Council reports that this is the case for 1 in 8 drivers.

If the other party in your case does not have insurance, it may be that the only way to receive your compensation is to sue. There may also be a case where the offer from an insurance company is not satisfactory, and a lawsuit becomes necessary.

Building Your Property Damage Insurance Claim

If a lawsuit proves the best course of action, there are several things to keep in mind as you go about building your case or insurance claim. The role of the insurance company is often to take any avenue to avoid paying for any property damage.

It’s important you have everything you need to prove your case.

In terms of property damage, you will need to prove the following facts:

• Your property damage was caused by the other driver’s actions
• Essentially, you must prove that the property damage to your vehicle occurred as a direct result of the other driver.
• The other driver failed to exercise a reasonable standard of care
• Accidents happen, but here, it is your responsibility to prove that there was some degree of negligence on the other driver’s part. That may include them texting, talking on the phone, or being otherwise irresponsibly distracted while driving
• That their actions, and the accident, created a legitimate financial loss for you

Types of Compensation in Property Damages Case

In a property damage case, the types of compensation you can hope to receive from insurance companies or other liable parties include the following:

• The price of either repairing or replacing your vehicle and anything else that was damaged or destroyed in the accident
• The cost of a rental vehicle or public transportation while your vehicle is being repaired or replaced

Can I Sue After A Car Crash for Mental Distress?

If you are experiencing severe mental distress as the result of a property damage-only accident, you may be able to receive various forms of compensation as well. This might include the cost of medication or the price of working with a mental health professional.

If you were in an accident and are experiencing symptoms such as depression, anxiety, PTSD, nightmares, new fears and phobias, or severe mood swings, you may have a case. These symptoms can also show up sometime after the accident, so it’s important to keep an eye out and check in with yourself in the months following your incident.

Please remember that if you do experience any of these symptoms, it is crucial to seek the help of a mental health professional as soon as possible. Make sure you document your medical or mental health treatments thoroughly to ensure your costs can be included in your case.

What Should I Do Immediately After an Accident?

In order to successfully receive any of the above, filing an accident report is often essential. The first thing you should do is call the police to the scene immediately after the accident and provide them with all the necessary information.

The police report will essentially be the official story of what took place and can help you in court. They will possibly gather witness statements and photographic evidence, but it may also be wise to do so yourself as well.

Any official reports of the accident with make your accident case even stronger.