Can You Sue Even If You Weren’t Injured in a Car Accident

Being in a car accident does not necessarily mean that there have to be injuries involved. However, even in those cases, there may be other losses such as the expenses related to getting your car fixed and running again. 

If this has happened to you, you may be wondering if it is worth it to hire legal representation in Billings and file a claim against the party responsible for your losses. After all, you may be suffering from emotional trauma as well as property losses.

How Can a Car Accident Lawyer Help You?

If you were not injured but want to sue for damages caused by the collision, it is essential to prove that it was the other driver who acted negligently causing the damages you are trying to claim.

Your car accident attorney can review your accident and help you understand if you have a valid case. They can also tell you if filing a claim against the other driver would end up being more expensive than the compensation you could receive.

Your lawyer can help you gather all the evidence to prove your case and help you place a number on the damages you seek to obtain. Besides the financial losses, you can also pursue compensation for the emotional distress associated with the crash.

You can help your case by taking these steps at the accident scene. Here is what you would need to do:

Get Immediate Medical Attention

Even if you are convinced that there are no injuries, you must be seen by a healthcare professional after a car accident. You may have suffered internal injuries or bleeding, and some symptoms do not present themselves for days or even weeks after the accident. If you aren’t injured, you can still pursue compensation for other losses.

Document the Scene

There is nothing more valuable than having pictures and videos of the scene right after the crash. Use your phone to take pictures of all the vehicles involved, their damage, and their position on the road. Photograph anything that you believe might have played a role in the accident such as debris on the road, poorly paved roads, or chemical spills. 

Take a video in which you narrate everything that happened including the time, date, weather, and location of the accident, and any detail you may not want to forget.

If there are any witnesses close by, ask them if they would be willing to give you their testimony. If so, record it and also get their contact information should you need to get in touch with them in the future.

Exchange Information

Exchange information with the other driver including their contact details, driver’s license and insurance carrier, and all information related to the car including its make, model, year, and license plate. Do not engage in any other conversation with the other driver. 

Keep in mind that just as you may be thinking about filing a claim against them, they may be considering the same legal action against you, and anything you tell them can and will be used to strengthen their case.

What Would You Have to Prove to Win Your Case?

Having a lawyer by your side can usually result in a larger payout since they have experience negotiating with insurance companies and know the intricacies of the law. They can build a case on your behalf in which you will prove that:

  • The other driver owed you a duty of care
  • The other driver breached this duty of care through their negligent actions
  • This breach of duty caused the accident
  • You have suffered losses because of the accident

Since there are no injuries, things should move along much more smoothly since all you have to prove is that the duty of care led to property damage and other losses. You will also need enough evidence to prove the extent of the damage to your car such as photographs and a police report.

Having a lawyer working for you means that the insurance adjuster will not be able to take advantage of the fact that there are aspects of the law that you may not be familiar with. With a lawyer working for you, the insurance company may be more willing to settle quickly — and for a fairer amount — rather than risk the expenses and time associated with going to court.

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