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Personal Injury Attorney In California

Can You Sue for a Car Accident If You Are Not Hurt?

Posted on April 29, 2024

Woman Standing Beside A T-Bone Accident

After a car accident, you may be relieved to discover that you don’t have any physical injuries. However, you will still likely have property damage to contend with after your car crash. If you didn’t cause this accident, why should you have to pay for it?

You can file an insurance claim even without car accident injuries, though it may be complicated. If the insurance company refuses to pay for your property damage, you are going to need proof that the other driver caused the car accident. You’ll want to talk to an experienced car accident attorney to help with your claim or move forward with a car accident lawsuit.

The King Law Firm is a trusted name in personal injury law, specializing in car accident cases.

In our car accidents blog posts, we aim to inform accident victims of their legal rights. This blog post shows how you can sue for a car accident and recover compensation even if you didn’t sustain bodily injury. 

Understanding Your Legal Rights in Car Accidents

After a car wreck caused by the other party’s negligence, you can still make a property damage claim. This allows you to seek compensation for your damaged vehicle and any personal property in the vehicle that was damaged in the accident.

Property damage claims are often denied by the insurance company, which may mean you need to go to small claims court to get compensated for your property damage. In a car accident case with extensive property damage, civil court may be the only place where you can go to recover your financial losses. It is always ideal to discuss the specifics of your case with a car accident lawyer who can give you personalized legal advice.

What to Know About Making a Car Accident Claim

After a car accident, you will file a claim with the insurance company of the at-fault driver. Generally, this will involve medical bills, lost wages, and pain and suffering. However, if you are not physically injured, it is likely you will not be compensated for them in a car accident settlement.

What you can get is compensation for your property damage. You can also be reimbursed for the costs of a rental car and other expenses related to the damages. You can also file a car accident claim for emotional suffering. Psychological trauma can arise after a car crash even in the absence of injuries. You do not need to be physically hurt to pursue compensation for emotional distress. You should make sure you have a car crash lawyer advocating for you throughout this process. 

How a Car Accident Attorney Can Help You

Generally, you can file a claim with the other driver’s insurance company for a traffic accident involving no injuries to cover repairs. Their insurance policy should cover repairs and any related expenses. When seeking financial compensation after an accident without a personal injury, you will follow the same steps as if you had suffered injuries. 

Documentation

The first step to take is to prepare all related documents to support this claim. This should include the accident report by the police, repair estimates, and other receipts related to your losses.

Notification

Next, you will need to notify the insurer of the other driver. You can also refer them to the body shop that provides the estimate for your vehicle repairs.

Negotiations

Typically, if a driver failed to obey traffic laws and was cited in the police report, the insurer may quickly provide the fair settlement you have requested for your damages. However, if the situation is more ambiguous, they may deny your claim or offer a much lower amount than the total of your expenses caused by the at-fault driver. If you find yourself in this situation, you will want an experienced attorney to take over on your behalf.

Two Light Vehicles In A T-Bone Accident

Pursuing a Personal Injury Lawsuit Without Injuries

If you are not injured in a car accident, it may be easier to seek financial recovery from the at-fault party on your own. However, a medical evaluation may reveal latent injuries that were not obvious at the time of the accident.

Every personal injury lawyer will tell you that it is always smart to seek medical attention after being in a car accident. However, even in the absence of any physical injury, you may have emotional trauma, post-traumatic stress disorder, or emotional distress caused by these events. In that case, you should pursue the negligent party to seek pain and suffering damages.

This is something you should not do on your own without legal representation. It is difficult in many cases to receive fair compensation even with a laundry list of injuries detailed in medical records. For these reasons, you should sit down with an attorney and discuss your accident. Most provide a free consultation that allows you to get a feel for their skills and get legal advice about your situation.

A lawyer will guide you on the steps to take to protect your legal rights and help prevent you from being stuck with the bills for your vehicle repair. They will also make sure you visit the right medical professionals to determine if you have any mental trauma from your accident. While you do not need an attorney, it is in your best interests to work with one as they can protect you from the tactics insurers use to reduce or deny payouts.

The King Law Firm has extensive experience working with victims of accidents who have endured painful injuries, suffered mental anguish, and experienced the destruction of their property at the hands of careless drivers. If you have been in any kind of car accident, you can schedule a free case evaluation to determine what is best for you moving forward.


Category: Car Accident