Can You File a Car Accident Lawsuit if There is No Damage?

When most people think of car accidents, they worry about how to get the damage fixed and the repairs paid for. What people often fail to consider are bodily injuries. Damage to the car is usually the first sign of a car accident. Even when there is no noticeable damage, you can still face severe injuries.

Even without a collision, your car may malfunction, causing severe injury. Many people are injured because they actually avoided a crash. They might have slammed their brakes hard to avoid a crash, but ended up causing whiplash or other injuries. If you have been involved in a car accident without damage, or a “near miss,” but still suffered injury, talk to an attorney.

Call our experienced Philadelphia car accident lawyers of The Reiff Law Firm at (215) 709-6940 for a free, confidential case review to begin.

Car Accident Injuries – But No Damage

The human body can sometimes be hurt in the strangest ways. Especially today, cars are built so well that some car accidents may leave nothing more than a scratch. Despite the lack of obvious evidence that your car was involved in a crash, your body may still show signs and symptoms. You can still suffer injuries even in minor car accidents with no damage.

Near-Miss Injuries

Sometimes, you can even suffer injuries from a “near miss” situation. A near miss is an accident that doesn’t happen; someone swerves at the last second, your brakes save you, or a car drives off the road to dodge another car. In these situations, the sudden movement, sudden stopping, or irregular movement can still lead to injuries. These are not technically “car accidents,” but could be treated the same.

Whiplash

When you swerve, stop or start suddenly, or move in an uncommon direction, you could suffer whiplash injuries. Whiplash is very common in car accidents. When your head moves suddenly, then snaps back into place, the tendons and muscles in your neck can be damaged. These kinds of injuries can happen even in low-speed car accidents with no damage or without an accident.

Despite how common it is, whiplash can be a very severe injury. Every case is different, but a large portion of whiplash injuries actually leaves victims with pain, discomfort, and numbness for the rest of their lives. Whiplash is also tricky, since it might not be obvious right after an accident or near miss. Because of the way the muscles and tendons in your neck work, the injury may take until the next day to “set in.” Do not hesitate to talk to a doctor, even days after a car accident.

Potential Claims in a No-Damage Car Accident

Even when you are not involved in a collision, you may still experience bodily injuries. These can be tricky to prove, especially if your vehicle sustained no damage.

Personal Injuries

Even without a collision, drivers might experience whiplash from suddenly slamming on the brakes to avoid a crash. In some cases, drivers end up slamming their head into their steering wheel, and they may be very badly hurt. Anything is possible, and you should see a doctor as soon as possible.

Emotional Distress

Along with physical injuries, you can claim damages for emotional distress from the incident. Many accidents without vehicle damage involve near-misses. In serious cases, drivers come very close to fatal accidents, and the whole thing might leave them very shaken up and distressed.

Financial Losses

Even without damage to your car, paying for medical care and any personal items that might have been damaged inside your car can be expensive. Any costs you incur as a direct result of the accident should be claimed in your case.

Internal Vehicle Damage

The outside of your car might appear undamaged after an accident, but the inside might be a bit worse for wear. Near-miss accidents often involve slamming on brakes and swerving, and your vehicle’s interior might have been damaged. Assess the damage and get a lawyer to help you get compensation.

How to Proceed with a No-Damage Car Accident Claim

Filing a no-damage car accident claim might seem strange, si your car is unharmed. An attorney can help you explain the situation in your claim and make sure that all your damages are included.

Seek Medical Attention

First, you must seek medical help immediately. Even if you feel like you are not hurt, certain injuries take time to reveal themselves. You might also have internal injuries that can only be detected at the hospital. Not only do you need medical care, but you also need doctors to start compiling official medical records about your injuries so we can use them in your case.

Document Everything

It is crucial that you document everything that happens to you in relation to the accident. You should begin documenting the accident as soon as it occurs and continue until the case is over. We may need your records, including photos, videos, and medical records, to prove your claims.

Seek Help from a Lawyer

Taking legal action on your own is difficult. You may not be fully prepared to file a lawsuit and navigate the complex judicial system. You should hire an attorney as soon as possible. After you get any necessary medical care, contact a lawyer to discuss how you can begin a case and get fair compensation.

Be Aware of Deadlines

We must make sure that any important legal documentation or paperwork is correctly drafted and filed on time. If important paperwork is filed late, it could jeopardize the entire case. The statute of limitations for personal injury claims may vary from state to state, and you should check with your lawyer.

Who is At Fault in a No Damage Accident?

Just because there is no damage from a collision does not mean there is no one to hold responsible for your injuries.

Reckless or Negligent Drivers

Many times, another driver’s poor driving can cause you to swerve, brake, or leave the road to avoid them. While this may not be an “accident,” it should be treated the same. If another driver’s reckless or negligent driving caused you injury, even without damage to your vehicle, you might have a case against them.

Hit and Runs

If the other driver does not stop, the accident should be treated like a hit and run. In those kinds of situations, Pennsylvania’s insurance coverage for uninsured or underinsured motorists may be able to help pay for your injuries. Aside from that, if the police do not locate the individual who harmed you, or you did not get a good look at their license plate, you may have to rely on your own insurance for compensation. Pennsylvania requires “no-fault” auto insurance coverage, which may be sufficient to cover less severe injuries.

Manufacturers of Faulty Car Parts

Other injuries may not be the fault of another driver, but the auto manufacturer. Seatbelts, ignition locks, airbags, and accelerators may fail. These product defects can cause severe injury to drivers. Even if the car appears to be in good condition, if your airbag failed to deploy, your accelerator malfunctioned, or your car shut off, you might have been injured. This could even happen without any other car involved.

Our West Chester car accident attorneys have experience dealing with product malfunctions, including car defects, and can help you sue the manufacturer.

FAQs About Car Accident Claims with No Vehicle Damage

How Do No-Damage Car Accidents Happen?

Car accidents without any damage to your vehicle often stem from “near-miss” accidents where drivers narrowly avoid a collision. However, they may stem from various factors you should discuss with a lawyer.

Can I File an Insurance Claim for a Car Accident with No Damage to My Car?

Yes. Even though your car is not damaged, the accident may still be deemed a car accident, and you can file an insurance claim.

Can I Sue for a Car Accident if My Vehicle Was Not Damaged?

Possibly, yes. Pennsylvania allows drivers to choose whether they are covered by no-fault car insurance. If you are, your right to sue may be more limited, but it is still possible.

What Type of Claims Can I Bring in a Car Accident Case Without Vehicle Damage?

In a case where your vehicle is not damaged, you may still file claims for personal injuries, emotional distress, damaged personal property and belongings, and other economic losses from the accident.

How Do I Prove My Claims in a Car Accident Case if My Car is Not Damaged?

To prove your claims, we should have copies of your medical records to help prove any bodily injuries. You should also save receipts for expenses directly related to the accident to prove economic damages.

How Valuable Are Car Accident Cases with No Vehicle Damage?

Even though your claims might not involve damage to your car, you may still be entitled to significant financial compensation. Medical treatment, even for minor injuries, is notoriously expensive, and you might also have numerous other economic damages to claim.

Minor Car Accidents Can Cause Major Injuries

Call our experienced Philadelphia car accident lawyers of The Reiff Law Firm at (215) 709-6940 for a free, confidential case review to begin.