Yes, you can sue for a car accident if you were not injured. Even if you walk away from the accident feeling fine, there are many other reasons why you might decide to pursue a claim. For example, car accidents often cause property damage to the vehicles involved in the crash.
Depending on your injuries, you might miss out on income that you would otherwise have earned if you didn’t have to spend time away from work. There’s also the potential for emotional distress, and this can leave a lasting impact on your mental well-being.
While most car accident lawsuits focus on physical injury, it is important to recognize that the law does not restrict claims to injury-related damages only. If you were involved in a crash, reach out to a Westbury car accident lawyer for legal advice.
Types of Damages You Can Claim When You’re Not Injured in a Car Accident
If you walked away from a car accident without any physical injuries, you can still pursue financial compensation for several types of damages. Here’s what you need to know about car accident injuries in New York State and how to file a claim when physical injuries aren’t present.
Property Damage
The most common type of claim that people who aren’t physically injured in a car accident often pursue is for property damage. This includes the cost to either repair or replace your vehicle, depending on the extent of the damage.
If another driver caused the crash, you might be entitled to compensation for the damage their driving behavior caused to your vehicle, even if you didn’t sustain any injuries. Property damage claims can also include personal property damaged in the accident in addition to your car.
Emotional Distress and Mental Anguish
Although emotional distress claims are generally more common in cases where victims sustained injuries, they can still apply if you were not physically injured in the crash. For instance, emotional distress may be a valid claim if you have experienced the following:
- Anxiety
- Post-traumatic stress
- Depression
- Other psychological effects
Lost Wages
Even if you weren’t physically injured in an accident, you might have still faced financial losses as a result of the crash. If the accident rendered your car unusable for an extended period or if you had to take time off work to deal with the aftermath, you can file a claim for lost wages.
Pain and Suffering
While pain and suffering claims are more commonly associated with physical injuries, these claims can still apply to non-injury car accidents in some cases. For instance, you may be entitled to compensation for these non–physical impacts:
- Emotional distress
- Short- or long-term trauma
- Ongoing panic or fear
However, it’s important to note that pain and suffering claims are often more difficult to prove without physical injuries, and insurance companies may push back on these claims. That said, a lawyer can advocate for you and help you seek compensation regardless of these odds.
The Car Accident Claim Process Without Injuries
If you were not physically injured in a car accident, you still have the right to pursue a claim. The process of filing and pursuing a car accident claim involves several steps. Let’s take a look at a general outline of the process.
Reporting the Accident and Gathering the Evidence
The first step after any car accident is to report the accident to law enforcement. From there, you can file a police report. Even if no one is injured, it’s important to have an official record of the accident.
The more evidence you have, the better your chances of building a strong case. So, in addition to documenting the incident with law enforcement, try to gather as much evidence as possible:
- Photos of the accident scene
- Contact information for witnesses
- A copy of the police report
- Details regarding the other drivers involved
Notifying Your Insurance Company
You should report the accident to your insurance company as soon as possible. Even if you weren’t at fault, your insurer would need to know about the accident in order to help facilitate the claims process on your behalf.
Your insurance company will likely request details regarding the accident and ask about the damages that you suffered. If you are pursuing a claim against the at-fault driver, your insurance company will handle communication with the other driver’s insurer as well.
Filing a Claim with the At-Fault Driver’s Insurance
If the other driver was at fault in the accident, you can file a claim with their insurance company to seek compensation for the damages you’ve incurred. This includes property damage, lost wages, and emotional distress.
The insurance company may offer a settlement for these damages. However, you can lean on your attorney to negotiate the offer if it is insufficient or unfair in comparison to what you endured.
Thinking About Filing a Lawsuit
If you cannot come to a fair settlement with the insurance company, you might want to consider filing a lawsuit. If your damages are significant—or if the other party refuses to take full responsibility for the accident—litigation may be necessary.
Call Our Westbury Car Accident Attorney For More Information
Even if you weren’t physically injured in a car accident, you can still pursue compensation for property damage, emotional distress, and lost wages, as well as other non-physical damages. The process of filing a claim or opening a lawsuit can be complicated.
However, you don’t have to figure out how to do everything on your own. Instead, reach out to a lawyer who can help you become fairly compensated for the damages you experienced. At Levine And Wiss, we are not afraid to litigate.
You can trust us to help you through this trying time. With over 100 years of combined experience, we’ve recovered hundreds of millions of dollars worth of compensation for your clients. Call now to learn about us and how we can help.
