Being involved in a serious car crash can significantly disrupt your life, even if no one is injured. You may want to fight back against the at-fault driver by taking them to court. But can you sue if there were no injuries?
As long as you can prove that the crash caused other losses, you can sue the at-fault driver to make up for those losses. However, a car accident lawyer may advise you to seek compensation through an insurance claim first.
Determine Your Damages From the Crash
The purpose of suing another party is to seek damages from them. Damages attempt to make you “whole” after an incident for which the defendant was negligent.
If you do not have any worthwhile damages from the incident, there is likely no point in pursuing legal action. Start by tallying up the economic and non-economic expenses directly related to the collision.
Economic damages often include medical bills and associated costs, but they don’t have to. In accidents with no injuries, economic damages may include:
- Property Damage: Repair or replacement costs for your vehicle. According to the Insurance Information Institute (III), the average property damage liability claim in 2020 was $4,711.
- Lost Wages: If you missed work due to the crash, you may claim lost income.
- Additional Costs: Costs such as towing fees, rental car expenses, or any other out-of-pocket expenses related to the accident.
Non-economic damages account for the emotional costs of the incident. In a motor vehicle crash with no injuries, these may include:
- Emotional distress
- Mental anguish
- Psychological trauma
Start by Filing an Insurance Claim
You can often pursue economic damages through the at-fault driver’s insurance coverage. If the car crash did not involve injuries, your claim may be relatively low-value, increasing your chances of securing a full compensation recovery from the insurer.
Talk to a car accident lawyer about filing an insurance claim. In Indiana, drivers are legally required to carry at least $25,000 in property damage liability insurance. This may be enough to pay for the repairs or replacement costs for your damaged vehicle.
Talk to a car accident lawyer about filing an insurance claim. In Indiana, drivers are legally required to carry at least $25,000 in property damage liability insurance (Indiana BMV). This amount may be sufficient to cover your vehicle’s repair or replacement costs.
However, property damage claims can be complicated. Challenges include:
- Insurer Denials: The insurance company may dispute their client’s liability.
- Shared Blame: The insurer might argue that you were partially at fault.
- Uninsured Drivers: In 2019, about 16.7% of drivers nationwide were uninsured. Indiana’s uninsured motorist rate was estimated to be 15.8% (III).
Consider a Property Damage Lawsuit If Necessary
If you are unable to secure adequate compensation from an insurance claim, a lawsuit may be worthwhile. Talk to your car accident lawyer about how much your case may be worth.
Through a lawsuit, you can claim economic and non-economic damages from the at-fault party. You may sue the insurance company for failing to provide an adequate payout or take legal action against the negligent driver if they do not have insurance.
However, keep in mind that you can only receive a payout that the at-fault driver can afford to give you. If they do not have many assets, you likely will not get much money from them.
For lawsuits against insurance companies, expect that your case will settle out of court. This means you and your lawyer will reach an agreement with the insurer for a lump sum of money without needing to go before a judge.
Also, keep the statute of limitations for car crash lawsuits in mind. In Indiana, you have two years from the date of the incident to take legal action.
Work With a Skilled Car Accident Lawyer To Maximize Compensation
Can you sue for a motor vehicle crash if no one was injured? Yes, but you’ll need to prove damages. Often, insurance claims fully cover the expenses in collisions that don’t lead to injuries.
Our car accident lawyers at Stewart & Stewart Attorneys can help you determine the right course of action to seek a payout after your collision. Contact us today at (800)-333-3529 for a free case evaluation.