Most people will experience a car accident at some point in their lives. According to car insurance industry reports, the average driver will likely be in a motor vehicle accident at least once every 17.9 years, meaning you’ll probably be in 2-3 accidents throughout your driving career. While car accidents are a leading cause of death and injury, not all accidents are serious. If you’re fortunate enough to experience a minor car accident, you may be left wondering what your options are for additional charges. Here’s what you need to know if you want to sue for a car accident if you’re unhurt.
Negotiating Insurance Settlements
Contacting a car accident attorney doesn’t necessarily mean you intend to sue. Many people in minor car accidents make the mistake of failing to contact an attorney before settling their insurance claim. This oversight puts you at risk of receiving an insufficient settlement or having blame cast upon you to minimize your coverage.
It’s also important to note that just because you aren’t injured doesn’t mean you won’t have medical costs. It would be wise to visit an ER and confirm that you don’t have any underlying injuries like internal bleeding, whiplash, or a concussion. When you walk out with a clean bill of health, you’ll also walk out with a hospital bill that averages around $3,500. Negotiating coverage of this fee is important to minimize your out-of-pocket costs.
Consider contacting an attorney before settling with your insurance provider. Negotiating a better settlement could take the matter off the table, putting more money in your pocket faster.
Suing for Property Damages
If you’ve chosen to forgo a legal consultation when negotiating your insurance settlement, you could potentially sue for property damages. This option is also viable for those who receive a denied claim from their insurance provider or insufficient compensation to cover or replace the vehicle.
Suing for property damages can be tricky. Generally, these cases cover the repair costs and lost value for your vehicle. You can also use this suit to cover the costs of a rental vehicle when your car is repaired. Your insurance should cover a rental car under insurance, but many providers fail to mention this option unless pushed.
Suing for Mental Duress
Not all injuries are physical. You might walk away from your accident without a scratch and feel fine about it. Then, as the days and weeks go by, you could experience stress, anxiety, depression, and PTSD. Some people experience increased anxiety around driving and could become so intimidated by the experience that they no longer feel comfortable behind the wheel.
In cases like these, you can sue for mental duress. You’ll need to consult with a medical professional, get a proper diagnosis and then document treatment documentation. If successful, your case will cover medical costs, time lost from work, and potential damages for emotional duress. The onus will be on you and your legal team to prove that this experience is legitimately impacting your life.
Proving Negligence
The main challenge with suing for property damages or emotional distress is proving the other driver’s negligence. Many states have shared fault legislation in which investigators can allocate blame among both parties. For example, if you and the other driver both tried to merge into the center lane on the highway. If you’re pursuing damages unrelated to an injury, you’ll need to prove that the driver is 100% at fault.
Working with a skilled attorney will help you preserve evidence and navigate the legal process to improve your chances of success. You can sue for a car accident if you aren’t injured, but the onus is on you to prove the legitimacy of your claim.
