If you’re lucky enough to walk away from an automobile crash without getting hurt, you may be glad to move on with your life. Yet, you might wonder, “Can I sue for a car accident with no injuries?” The answer is that you can if you suffered emotional distress or physical damage to your car. A Columbus car accident lawyer can help you understand your rights and how Georgia law allows claims for non-physical harm.
Is Georgia a fault or no-fault state for auto accidents?
Georgia is a fault state when it comes to car accidents, meaning you have the right to file a claim or a lawsuit against the person who caused the crash. Under the law, all drivers must carry liability insurance at these minimum levels:
- Coverage for bodily injury: $25,000 per individual and $50,000 per crash for two or more people
- Coverage for damage to property: $25,000 per accident
While bodily injury usually refers to physical harm, emotional and psychological trauma may also be compensable in some cases. Even if you are completely fine, you can still claim compensation for damage to your vehicle and other personal property.
What kinds of emotional distress can I claim?
Car wrecks can lead to many common physical injuries, such as broken bones, traumatic brain injury, and organ damage. However, a fender bender or other minor accident may not hurt your body but inflict emotional damage instead. Some types of pain and suffering clients experience include:
- Post Traumatic Stress Disorder (PTSD)
- Psychological distress for children involved in the crash
- Insomnia and other sleep disorders
- Anxiety and depression
- Phobia of driving or being around vehicles
- Isolation and loss of society
- Diminished quality of life
Every person will react differently to a car accident, so while you could be okay, your children or a passenger may not be. Some of these conditions can be severe, leaving you unable to work, manage daily activities, or care for your family.
In some cases, you may be able to pursue legal action for severe emotional distress, even without physical injury. But, these claims can be more challenging to prove under Georgia law and often require medical documentation or testimony.
What counts as damaged property for auto insurance coverage?
If the other driver hits your vehicle with theirs, there is likely to be some damage, even if it’s minor. You can clearly file a claim to recover the cost of getting the problem repaired and repainted. Yet, it’s not just your car that could be destroyed.
Suppose you park your car on Bay Ave while you enjoy some time at Woodruff Riverfront Park. A speeding driver hits your car while you are away, causing serious damage to the trunk and backseat. Unfortunately, this is where you’d stored your work computer, some gifts for family members, and your leather coat.
Although you aren’t hurt, you have costs to fix the car and replace all the damaged items. Take photos and locate receipts for everything that was broken. Keep in mind that standard insurance policies may not cover all non-vehicle property unless you have additional coverage. Your car accident lawyers can use these to seek compensation for property damage.
How do I pursue compensation for a car accident with no injuries?
To sue for a car accident with no injuries, you begin by talking with a car accident attorney who can help you with your insurance claim or file a lawsuit if the other side won’t make a fair settlement offer. Your personal injury lawyers will need to present evidence showing negligence by the other driver.
You can also support your case by doing the following:
- See a doctor right away to verify you aren’t injured.
- Keep a record of how you’re feeling afterward to document any emotional distress.
- Request a police accident report.
- Report the accident to your insurance company.
- Ask your car accident lawyer to negotiate a settlement for you.
- Take more aggressive legal action, if necessary.
You have the right to recover compensation for lost wages, damaged property, and non-physical injuries you suffer in a car accident. At Fox Injury Lawyers, we are ready to discuss your case and help you get started. Contact us today by calling (404) 777-7778 to arrange a free consultation and learn more.
