You’ve been in a car accident and have managed to walk away from it without any physical injuries, but you still want to take legal action against the party at fault; thus, a reasonable question comes to mind—can I sue when I am not hurt in a car accident?
While we often see car accidents involving serious physical injuries take center stage, there are other ways a car accident case can reach the courts. In this blog, the accident lawyer New York team at Gabriel Law will be breaking down those options in the name of justice and equitable compensation.
Are there any alternatives to suing for car accidents in New York?
Before we talk about how you can go about suing, it is important to keep in mind that filing a lawsuit is something done as a last resort, when all other avenues have been exhausted. Therefore, as accident lawyers in New York, we heavily encourage anyone looking to take legal action to look into the alternatives.
In New York, most car accident cases are settled outside of court, and much of it has to do with the mandatory insurance claims process. Car accidents in New York are usually considered under no-fault insurance. But no-fault insurance benefits will only be available if you’ve been injured in the accident.
However, you can still file an insurance claim against the party at fault, making them liable for the damage to property, rental car costs, and any other related expenses. But it is worth noting that unlike no-fault insurance, compensation for such costs is not guaranteed, and the at-fault party and their insurance will most likely dispute your claim.
What do I need to prove to file a car accident lawsuit?
If you want to file a lawsuit against the party at fault in a car accident case, you must prove that:
- There exists a duty of care, and the party at fault was in breach of said duty of care. (All drivers on the road have a general duty of care to drive in a way that ensures the safety of other drivers and pedestrians. Therefore, you ordinarily don’t need to go about proving the existence of a duty of care);
- The failure of the party at fault to uphold this duty of care led to your accident; and
- You suffered damages as a result of the accident.
On what grounds can I file a lawsuit for a car accident when I am not injured?
If you’ve been injured in a car accident, you must prove that your injuries satisfy New York’s serious injury threshold. However, if you have no physical injuries, you may still be able to sue on the following grounds:
Property damage and repair costs
When your vehicle or any personal property was damaged in the accident, you can file a case for the costs of the repairs and replacements in civil court. If the damage is minor, you can consider filing your case in the small claims court. This action can be taken when the at-fault driver’s insurance company is not willing to cover the entire cost.
Emotional distress without injury
Not all injuries sustained in a car accident are physical, and emotional injuries can be just as crippling. In New York, if you’re planning to seek compensation for emotional distress, you need to connect it to physical injuries.
However, there are exceptional cases where you can file cases solely based on emotional distress, such as negligent infliction of emotional distress and bystander situations.
Breach of Insurance/Contractual Obligations
If your insurance company is unjustly and wrongfully denying a valid insurance claim, you can take legal action against them by filing a lawsuit for breach of contractual obligations or acting in bad faith.
How long do I have to file a lawsuit?
If you’re filing a lawsuit for a car accident in New York, you are working with a tickling clock known as the statute of limitations. You must make absolutely sure that you file your case before the statute of limitations ends. Otherwise, your case can be dismissed without ever being heard, regardless of its merits. The time you have to file your lawsuit in New York is three years from the date of the accident.
Conclusion
From property damage to emotional distress and breach of contract, there are other valid circumstances apart from suffering serious physical injury that allow you to file a lawsuit in a car accident case. We at Gabriel Law are a personal injury law firm in NYC that specializes in dealing with car accidents and other personal injury cases. Schedule a free consultation with us, tell us your story, and we will help you determine the best course of action.