Most people associate car accident lawsuits with sustaining injuries. However, did you know that suing after a car accident without sustaining injuries is perfectly viable? These situations open the door for property damage lawsuits, which operate a bit differently from personal injury suits. Additionally, you can seek compensation for the emotional distress you experienced from the wreck. Remember, even if you sustained no physical injuries, the property damages alone are often expensive. Add to that the possibility of PTSD treatment, and you’ve got a hefty bill.
At Reich & Binstock, our Houston car accident attorneys have extensive experience litigating all sorts of car accident cases. If you want some way to be made whole again, we can help you fight for just compensation. With our attorneys on your side, we’ll make sure to review the details, gather the evidence, and battle it out in court against the other side. For more information about our firm, or for a free consultation, please call 713-622-7271 today.
Can I Sue After a Car Accident if I Was Not Hurt?
Absolutely. Pursuing a property damage claim after your accident is the best way to get compensation if you sustained no injuries. Most individuals file property damage suits when their vehicle sustains significant damage. In these cases, your lawyer will work to prove that another driver actually caused the damage to your vehicle. Also, your lawsuit applies not only to the car itself, but also to the property inside your car. Before filing, speak with your attorney about the limits of small claims court. If your case exceeds this amount, they will recommend that you proceed with a civil suit.
Sometimes, people fail to act in a safe manner, and they engage in negligent behavior. When they do this and damage someone else’s property, they open themselves up for a lawsuit. You have every right to pursue compensation from a negligent individual. Even without physical injuries, you can sue for emotional damages, like PTSD. No matter what your losses are, Reich & Binstock of Houston are here to help.
Is it Worth Suing After a Car Accident?
The short answer is, “sometimes”. Not only will you receive compensation for your losses and be made whole again, but you will also hold the responsible party accountable for their actions. According to one statistic from the National Highway Traffic Safety Administration (NHTSA), car crashes in which no injuries occurred cost drivers over $71 billion in 2010. That’s a lot of potential money loss. Additionally, data from the Veteran’s Administration (VA) states that treatment for PTSD is as much as $4,100 in the first year alone. For these reasons, we recommend speaking with an experienced attorney about pursuing a claim, even if you think at first that it will require more energy than it’s worth.
Can Someone Sue You For a Car Accident If You Have Insurance?
Yes. But, is Texas a no-fault state? Texas is a tort, or at-fault state. This basically means that, whoever is found responsible for damages in a car accident, their liability insurance must cover medical bills or repair expenses up to the limits of the policy. However, certain situations arise in which your insurance company is not required to pay for an attorney to defend you if you cannot afford it.
These situations include:
- Depending on your specific policy, you did not notify them within the specified timeframe. These windows are generally anywhere from 5 to 30 days.
- The other driver’s costs exceed the limits of your policy.
- You intentionally caused the accident.
Generally, people sue other people for car accident damages for two reasons when they have insurance.
- Their insurance does not cover the damages they caused.
- The claims process with the insurance company is taking a very long time.
What is a Reasonable Settlement For a Car Accident?
While there is no exact formula for calculating the settlement amount for a car accident, there are certain factors that attorneys take into consideration. For example, pain and suffering compensation only applies if you suffer an injury. If only your property sustains damage, pain and suffering will not count.
In general, to have a rough estimate of your settlement value, we recommend adding up the following expenses:
- Vehicle or property repairs
- Lost wages
- Treatments for emotional trauma, like PTSD
Take this amount and multiply the sum by 3. This results in a generous estimate of what you can expect from your property damage settlement. Also, keep in mind that, if the other driver is found to have been under the influence at the time of the accident, you may recover even more in damages.
What Can I Sue For After a Car Accident in Houston?
Generally, victims of car accidents and property damage let the responsible party’s insurance company pay for as much as the policy limit allows. Beyond that amount, they get compensation through a civil suit against the negligent party. The laws in Texas allow for certain recoverable damages, which we discuss in this section. Below, we list damages you can recover in both injury and non-injury car accidents:
- Lost wages or lost earning capacity
- Pain & suffering
- Emotional distress or mental anguish
- Medical expenses
- Scarring or disfigurement
Houston Non Injury Car Accident Lawyers Can Help
At Reich & Binstock, we dedicate a large portion of our practice to making our clients whole again after an accident. Whether or not you sustained injuries, there is hope. The last thing we want is for you to pay expensive repair bills for an accident you weren’t at fault for. If you or a loved one suffered property damage or mental anguish from a car accident, our attorneys at Reich & Binstock are here for you. Keep in mind that, in many cases, there is an extremely limited window of time in which to make your claim. Call our Houston office today at 713-622-7271, or visit our website and fill out our online claim form. Allow us to focus on the legal aspects of your claim, while you focus on yourself and your family.