Quick Answer
Can You Sue Someone for a Car Accident Without Injury?
Yes, you can sue someone for a car accident without injury.
Even if you weren't physically hurt, you might be able to recover damages for:
- Property damage
- Lost wages or income
- Pain and suffering
Can You Recover Money for Non-Injury Damages in a Car Accident?
If you've been in a car accident the next steps can seem stressful and overly complicated.
But they don’t have to be.
If there are injuries, there are specialist claims companies out there that help with everything. You have to do very little except provide information and appear when and where you’re told to.
But what if there's no physical injury involved? Can you still recover money for the damage to your car, lost wages, or other non-injury losses?
In this post, we'll dive into non-injury damages from car accidents.
We'll answer questions like:
- What are non-injury damages?
- Can you recover costs for property damage?
- Can you recover for lost wages or other losses?
- What about pain and suffering or emotional distress?
By the end, you’ll have the information you need to make an informed decision about what to do after your accident.
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Can You Sue Someone for a Car Accident Without Injury?
Yes, you can sue someone for a car accident without injury.
Even if you weren't physically hurt, you might be able to recover damages for:
- Property damage: This includes damage to your car, as well as any personal belongings that were in the vehicle.
- Lost wages or income: If the accident prevented you from working or earning money, you may be able to recover lost income.
- Pain and suffering: Even if you weren't physically injured, you might be able to recover damages for the emotional distress caused by the accident.
The specific types of damages you can recover will depend on the laws in your state and the circumstances of the accident.
The process is relatively straightforward and Mighty.com’s AI claims helper can walk you through it step by step.
What Non- Injury Damages Can You Recover?
Here are some common types of non-injury damages you can recover:
- Property damage: This covers the cost of repairing or replacing your vehicle, as well as any personal belongings damaged in the accident.
- Lost wages or income: If you missed work due to the accident, you may be able to recover lost wages or income.
- Lost earning capacity: This refers to future earnings you may have lost due to the accident, such as if your ability to work is permanently impaired.
- Pain and suffering: Even if you weren't physically injured, you might be able to recover damages for the emotional distress caused by the accident.
- Loss of enjoyment of life: This covers the loss of activities or pleasures you used to enjoy due to the accident.
- Punitive damages: In some cases, if the other party's actions were particularly egregious, you may be able to recover punitive damages as punishment.
The specific types of non-injury damages you can recover will depend on the laws in your state and the circumstances of your case.
This is another area where Might.com comes into its own. It can provide expert legal advice on demand, at a fraction of the cost of an attorney..
Who Is Responsible for Paying Damages?
Determining who is responsible for paying non-injury damages in a car accident can be simple or complex, depending on the situation.
It depends entirely on the specific circumstances of the case and the laws in your state so it’s impossible to say for sure.
Here are some common scenarios:
- At-fault driver: If the other driver was at fault for the accident, their insurance company is typically responsible for paying non-injury damages.
- Uninsured or underinsured driver: If the other driver was uninsured or underinsured, your own insurance coverage may be used to cover non-injury damages.
- Comparative negligence: In states with comparative negligence laws, your own negligence can reduce the amount of compensation you can recover. If you were partially at fault for the accident, your damages may be reduced accordingly.
As you can see, this is a high level overview but we hope it’s enough to get you started.
How Much Can You Expect To Receive in Non-Injury Compensation?
Again, it’s impossible to say for sure how much you might receive as compensation.
It can vary widely depending on several factors:
- The severity of the damage: The more extensive the property damage or economic losses, the higher the potential compensation.
- The laws in your state: The specific types of non-injury damages that are recoverable can vary by state.
- The evidence you can provide: The more evidence you can gather to support your claim, the stronger your case will be.
- The negotiation skills of yourself or your attorney: A skilled attorney can help you negotiate a fair settlement.
What Are Lost Wages?
Lost wages refer to income lost due to an injury or situation that prevents you from working because of the incident.
It can be difficult to claim lost wages in non-injury claims but it’s certainly not impossible.
Lost wages can include:
- Time off work: If you missed work due to the incident, you may be able to recover lost wages for the days you were unable to work.
- Reduced earning capacity: If the situation has permanently reduced your ability to work or earn income, you may be able to recover damages for lost future earnings.
How To Submit a Lost Wages Claim
To claim lost wages, you will typically have to assess who is at fault, who is liable to pay the claim and then make a claim.
You’ll need to provide documentation to prove your claim such as:
- Medical records: These documents will show the nature and extent of your injury or illness.
- Pay stubs: To show your income before and after the incident.
- Employer statements: Your employer may be able to provide a statement confirming your absence from work and any loss of earnings.
Again, it can be difficult to claim in non-injury cases but it’s definitely possible if your income has been impacted.
If in doubt, Mighty.com’s AI claims helper is always available to assist!
How To Prove Lost Wages
It's important to gather as much documentation as possible to support your claim for lost wages.
The more evidence you can provide, the stronger your case will be.
Here are some ways to prove lost wages in a car accident claim:
- Pay stubs: Pay stubs show your income before and after the accident, demonstrating any loss of earnings.
- Tax returns: Your tax returns can also be used to verify your income.
- Employer statements: A letter from your employer confirming your absence from work and any loss of earnings can be helpful.
- Medical records: Your medical records can document the extent of your injuries and the time you were unable to work.
- Expert testimony: In some cases, an expert witness, such as a vocational rehabilitation specialist, can provide testimony about your future earning potential and any loss of income due to the accident.
The more evidence you can gather to prove your claim, the more likely you are to succeed.
Medical Bills and Car Accident Injuries
When you’re involved in a car accident, medical bills can quickly pile up. Given the current state of our medical system, the numbers can be huge!
Medical expenses alone can include:
- Emergency room visits
- Doctor's appointments
- Surgeries
- Prescriptions
- Hospital stays
- Physical therapy
- Rehabilitation
That doesn’t include extra expenses such as specialist treatments, home adaptation, transport and many other costs associated with injury.
Dealing With At-Fault Drivers and Their Insurance Company
Every situation is different, but we have 5 tips to help you deal with drivers and their insurance companies.
- Document everything: Keep a detailed record of the accident, including the date, time, location, names and contact information of witnesses, and photos of the damage.
- Be persistent: Don't give up if the other driver's insurance company is unresponsive or difficult to deal with. Be persistent and follow up regularly. Do the same with your own insurance company if they are involved.
- Consult with an attorney: Consider consulting with a personal injury attorney who specializes in car accidents. They can provide valuable advice and help you navigate the claims process.
- Understand your rights: Educate yourself about your rights as a victim of a car accident. Knowing your rights can help you negotiate a fair settlement.
- Be patient: The claims process can take time. Be patient and avoid making hasty decisions.
Handling your own claim isn’t for the faint-hearted but it’s definitely possible if you use Might.com.
Workers’ Compensation for Car Accidents
Workers' compensation is a type of insurance that provides benefits to employees who are injured on the job.
If you were injured in a car accident while at work, you may be eligible for workers' compensation benefits.
Eligibility
To be eligible for workers' compensation benefits after a car accident, you generally need to prove that:
- You were an employee: You must have been an employee of the company, not an independent contractor.
- The accident occurred within the scope of your employment: The accident must have happened while you were performing your regular duties.
Benefits
If you are eligible for workers' compensation benefits, you may be entitled to:
- Medical expenses: Workers' compensation can cover the cost of your medical treatment, including doctor's visits, surgeries, medications, and physical therapy.
- Wage loss: If you are unable to work due to your injuries, you may be eligible for temporary disability benefits to replace your lost wages.
- Permanent disability benefits: If your injuries result in permanent disability, you may be eligible for permanent disability benefits.
- Death benefits: If you die because of a work-related car accident, your dependents may be eligible for death benefits.
Dispute Resolution
If you disagree with your employer or their insurance carrier about your workers' compensation claim, you may be able to file a dispute.
The process for resolving disputes varies by state. In some cases, you may need to go through a formal hearing or appeal process.
Waiting Periods
There may be a waiting period before you can start receiving benefits. This typically lasts a few days.
However, if your injury is particularly severe, you may not have to wait.
Variations in Compensation
The amount of compensation you receive will depend on several factors, including:
- The severity of your injuries: More severe injuries generally result in higher benefits.
- Your average weekly wage: Your benefits will be based on your average weekly wage before the accident.
- State laws: The specific benefits available and the rules for calculating benefits vary by state.
Paid Time Off, Sick Days, Vacation Days and How They Impact Claims
When you're injured in a car accident and unable to work, it's important to understand how your paid time off (PTO), sick days, and vacation days might impact your claim.
How PTO, Sick Days, and Vacation Days Work
- PTO: Paid time off (PTO) is a general term that often combines sick days, vacation days, and personal days. It's a pool of time you can use for various reasons, including illness, vacation, or personal emergencies.
- Sick days: These are specifically designated days for illness or injury.
- Vacation days: These are days set aside for personal time or vacations.
How They Impact Your Claim
When you're injured in a car accident, your employer may require you to use your PTO, sick days, or vacation days before you can start receiving workers' compensation or disability benefits.
This can vary depending on your employer's policies and the laws in your state.
Important considerations:
- Short-term disability: If your employer has a short-term disability plan, you may be able to receive benefits during the initial period of your absence.
- Workers' compensation: If your injury is work-related, you may be eligible for workers' compensation benefits, which can help cover lost wages and medical expenses.
- Disability insurance: If you have personal disability insurance, it may provide benefits while you are unable to work.
Legal Advice for Lost Wages Claims
If you're unsure about your rights or need help calculating your lost wages, we recommend signing up to Might.com.
Our AI claims helper can provide expert guidance and help you navigate the legal process.
Remember, every case is unique, and it's essential to seek personalized advice based on your specific circumstances.
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About the author
Joshua is a lawyer and tech entrepreneur who speaks and writes frequently on the civil justice system. Previously, Joshua founded Betterfly, a VC-backed marketplace that reimagined how consumers find local services by connecting them to individuals rather than companies. Betterfly was acquired by Takelessons in 2014. Joshua holds a JD from Emory University, and a BA in Economics and MA in Accounting from the University of Michigan.
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Pursuing your claim without a lawyer?
Claim Helper is an AI software that helps you gather the right information, write a strong injury claim, and confidently negotiate with insurers. Click here to learn more.