Even though car accidents are common, many people remain unsure about how to react, the next steps to take, and whether they can sue to get compensation. However, with a good knowledge of your rights, deciding what to do after an accident becomes much easier, even if you walk away from a crash unharmed.
Since many people think about the concept of personal injury compensation as being tied to physical harm, surviving a car crash without any physical injuries can leave you wondering if you can sue to get compensation from, say, a drunk driver who rear-ended your car at an intersection.
In this article, we discuss whether you can sue and other potential grounds for a suit. We also discuss when it will be appropriate to sue and walk you through all the steps after a car accident.
The short answer is yes, you can sue another party for a lawsuit even if you didn’t get injured. Your lawsuit in this scenario will focus on other damages caused by the accident.
Generally, the law acknowledges that a car accident can be a very nerve-racking experience that should entitle you to legal remedy, and it may also result in property damages that you should be compensated for.
It matters to prove that the other party was at fault and that their negligence caused you financial loss or harm. If your lawsuit is successful, you can recover the cost of repairing or replacing damaged property like your car.
You would also be entitled to compensation for lost wages if you had to miss work to deal with the aftermath of the crash, for the expenses for a rental car while yours is at the mechanic’s or even compensation for diminishing the value of your vehicle.
Additionally, you may seek compensation for the inconvenience and disruption to your daily life and the emotional trauma of being involved in an accident.
However, the specific laws and requirements can vary quite a bit from state to state, so it is important to consult with a qualified personal injury attorney familiar with your state's laws before proceeding.
Even though you can sue for car accidents without injury in all states, your ability or desire to sue might be slightly affected by the different state laws, mainly on statute of limitations and liability coverage limits.
The applicable statute of limitations for filing property damage lawsuits varies across state lines. This variance is significant because, in certain states, the statute of limitations for accidents with injury differs from those without injury.
Many people, unfortunately, fail to consider these differences before making a claim or suing.
Many states have the same statute of limitations for accidents with injury and accidents resulting only in property damages. For instance, in Maine, all civil action must be commenced within 6 years according to Me. Rev. Stat. Ann. tit. 14, § 752. In Ohio, Ohio Rev. Code § 2305.10 provides that you have two years to bring an action for bodily injury or property damage.
However, in some states, a longer period is granted to institute an action for property damage. Rhode Island provides only three years within which an action for personal injury must be filed (9 R.I. Gen. Laws § 9-1-14), but ten years to commence an action for property damage (9 R.I. Gen. Laws § 9-1-13).
Similarly, in Oregon, the statute of limitations on personal injury is two years (Or. Rev. Stat. § 12.110), while it is six years for property damage (Or. Rev. Stat. § 12.080).
In Montana, however, the period granted to bring an action for property damage is shorter than the time allowed for personal injury. Mont. Code Ann. § 27-2-204 provides that actions for personal injury be brought within three years, but Mont. Code Ann. § 27-2-207 gives only two years for property damage.
Therefore, it is essential to be familiar with the provisions in your state before filing a lawsuit. Ultimately, however, even if the statute of limitations allows years to sue (or claim), it is still best practice to claim as soon as reasonably possible. If you intend to sue for pain, suffering, or emotional distress, you may have to work with the personal injury statute of limitations.
All states except New Hampshire and Virginia require drivers to have liability insurance coverage. This insurance compensates victims of any accident that a driver causes, and each state also specifies a legal minimum limit. Limits are the maximum amount that an insurer will be liable to pay per claim.
Naturally, the limits for property damage claims vary from state to state. To illustrate, the minimum limit for property damage in New York is $10,000 according to N.Y. V.A.T. Law § 311(4)(a), so if a person has the minimum acceptable liability coverage in New York, their insurer will not pay above $10,000 for any property damage claim.
But in Tennessee, the minimum limit is $25,000 (Tenn. Code Ann. § 55-12-102(12)(D)), and it is $20,000 in Nevada (Nev. Rev. Stat. § 485.185).
Since many drivers may only purchase the legally required liability coverage, the implication of these limits is that it is likely that you will have to sue in states with lower limits.
If you, for instance, suffer property damage worth $15,000, it will be covered by insurers in Tennessee and Nevada, but in New York, you may have to sue to recover property damages worth $15,000.
It is important to mention that Michigan has a remarkable no-fault property protection insurance limit. Mich. Comp. Laws § 500.3121 provides that insurers will pay up to $1 million for damage to tangible property like buildings and properly parked cars. However, this coverage does not apply to any other damage done to cars.
That being the case, if you suffer a car accident while your car is properly parked in Michigan, you may have no reason to sue.
If a car accident results in no personal injuries but causes property damage, you can likely make an insurance claim. But you must note that claiming solely for property damage might be slightly challenging.
Insurance companies will employ different tactics to devalue a property damage claim. They could, for example, try to attribute some of the fault to you or attempt to value the damaged property in a manner that will leave you entitled to a lower settlement amount. So, here are some other things you need to know about car accident insurance claims when you’ve not suffered any injury:
Property damage claims are usually third-party, meaning you must file them with the other party's insurer. However, the most recent reports from the Insurance Research Council indicate that almost 30% of US drivers are underinsured or completely uninsured.
Where this is the case, or where the insurance company and the other motorist fully or partially deny liability, filing a lawsuit against the negligent driver may be the only way to get compensation for your loss.
Alternatively, since lawsuits may take some time, you may decide to make a first-party claim if you have uninsured/underinsured, comprehensive, or collision coverages before a verdict is reached. Comprehensive and collision coverages are always optional, but some states require drivers to get uninsured or underinsured motorist coverage or both. North Carolina, for instance, under N.C. Gen. Stat. § 20-279.21 requires drivers to get uninsured/underinsured motorist coverage for all policies.
Having strong and relevant evidence is essential to the success of a property damage car insurance claim. Evidence to prioritize for this claim must show that you suffered property damage; the damage sustained was the other party's fault, and the gravity of the damage suffered justifies your claim.
To get the required evidence, you must document the accident and the damage done as much as possible. While at the accident scene, take pictures of the damage done to your property and the angle at which the other driver hit you. You should also take pictures or videos of the site, and ensure all the factors you’ll need for your claim are visible. So, you should show things like a traffic signal that the other driver had disobeyed or that you had right-of-way.
If there were any eyewitnesses to the accident, attempt to get their names, addresses, and signed statements from them. Should law enforcement officers arrive to investigate the crash, ensure to request a police report subsequently.
Finally, keep a detailed record of all expenses to repair and replace the property or rent a substitute if you can. Try not to repair the damaged property until a claims adjuster has investigated it.
The easiest way to guarantee your ability to recover compensation from an insurer for a car accident without injury is to get an experienced car accident property damage attorney before you file a claim.
An experienced attorney can help you review your case, gather evidence, and determine the appropriate course of action (if any). They can also help you meet legal requirements, negotiate insurance settlements with their knowledge of insurance company tricks, and represent you in a lawsuit.
If your car hasn’t been significantly damaged after an accident, you can maintain an action in court. Some accidents result in neither physical injuries nor damaged cars but can still impact your mental and emotional health. You might be able to sue the other driver for negligent infliction of emotional distress (NIED).
It is not unusual for car accident victims to suffer anxiety, depression, and severe post-traumatic stress disorder (PTSD) demonstrated through sadness, fatigue, nightmares, panic attacks, mood swings, flashbacks of the crash, and fear of driving or riding as a passenger in a car. Those could be symptoms of emotional distress and grounds for non-economic damages. But you will still have to:
If you experience any of the symptoms mentioned above in the wake of an accident, you should seek help from a licensed therapist as soon as possible. Once you receive a diagnosis, consult an attorney about the possibility of a lawsuit.
A successful lawsuit will likely entitle you to damages for emotional distress, compensation for the cost of psychological counseling, and compensation for the cost of prescription medication.
At The Accident Helpers, we understand that a car accident can still significantly affect your life, even when it does not cause bodily harm. We also know you might find getting a trusted and experienced lawyer to sue the responsible driver difficult.
Therefore, we are here to help you get compensation for your losses by partnering with you to provide much-needed assistance with getting a lawyer you can trust. Once you discuss all the information about your case with us, we share that information with legal support groups, and from there, you can connect with a representative to go over your case. Ultimately, the choice still lies with you because after speaking with the representative, you can decide whether to sign an agreement with the lawyer.
So, do you need to determine what your claim in a car accident without injury may be worth? Schedule a free consultation with us today!