Can You Sue for a Car Accident if You Were Not Hurt?
Car accidents can lead to physical injuries that may require treatment. Victims can file a lawsuit against the at-fault party to obtain compensation that will help cover the costs of medical care, including doctor visits, prescriptions, or procedures.
However, what if you avoided getting injured, but endured property damage or emotional distress? Will you still be entitled to sue the other driver, even if you were not hurt from the impact? We've broken down everything you need to know about filing a lawsuit without injury in California.
In the following sections, we will share legal insight on how a car accident with no injury is handled, and what the average settlement is for such a case.
Were you involved in a car accident that resulted in property damage or emotional distress? West Coast Trial Lawyers is here to fight for you. We offer free case consultations and are available 24/7. Call us at (213) 927-3700 or fill out our quick online contact form.
Can You Sue for Negligence Without Injury in California?
Yes, you can sue for negligence without injury. If someone totaled your car after the accident, you can file a lawsuit to obtain coverage for property damage expenses. In addition, if you are dealing with emotional distress after the incident, you may pursue legal action against the other driver to receive compensation for the medical services you are getting to treat your condition.
How to Prove Negligence in a Non Injury Car Accident
To prove negligence in a non injury car accident, you will need to have evidence of the following:
- The defendant owed you a duty of care,
- The defendant breached their duty of care,
- The defendant’s reckless behavior caused you to sustain property damage and/or develop emotional distress.
You can also mention how the crash affected you financially by obtaining receipts of your:
- Repair costs,
- Vehicle replacement charge,
- Medical bills, or
- Therapy visits.
Gathering additional proof at the accident scene will help strengthen your claim. Try to get:
- Photographs or video footage of your damaged property, location of where the accident occurred, and the condition of the road,
- The other driver’s contact and insurance information,
- Witness statements,
- Documentation of the accident (diary or journal entry),
- Copy of the police report, and
- The police officer’s name and badge number.
Can I Sue Someone for Damaging My Car?
Yes, you can sue someone for damaging your car. You will need to prove the elements of negligence. You will also need to mention what bills or damages you received as a result of the defendant’s misconduct. Sharing these details will allow the judge to determine what amount of compensation you should be awarded.
Suing for Emotional Distress After a Car Accident
If you were involved in a car accident and suffered emotional distress as a result, you may be entitled to sue the at-fault party to recover damages. Common emotional distress symptoms include the following:
- Lack of energy,
- Weight fluctuation, and
To prove emotional distress, you will once again need to show the three elements of negligence and how it ultimately caused you to experience mental anguish. Be sure to include copies of medical records pertaining to your emotional distress and what treatments you have been getting to maintain your symptoms.
Average Settlement for Non Injury Car Accident
The average settlement for a car accident with no injuries may vary depending on the circumstances involved, such as:
- The extent of the damage done to your property,
- The severity of your emotional distress, and
- What insurance policies you and the other driver have.
To get a rough estimate of what your settlement could be, you should schedule a consultation with a car accident lawyer. They will review your documents and evidence in order to make a close approximation of what settlement amount you are likely to be given.
West Coast Trial Lawyers Is Here to Help
Did you sustain property damage or emotional distress after a car accident? You may be entitled to sue the negligent driver. At West Coast Trial Lawyers, our car accident lawyers are readily available to evaluate your case and form an effective strategy to ensure you are granted the compensation you deserve for your losses.
We run on a contingency-fee basis, meaning that our services are free until we settle your case. To schedule a consultation with one of our top-rated car accident lawyers, you may contact us by calling (213) 927-3700 or completing our online contact form located on the bottom of the page. We are available 24/7 to answer phone calls and form submissions.
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