If you have been in a car accident that didn’t result in damages or injuries, you might be left wondering what to do if the other driver still tries to sue you. If there are property damages or injuries, then the other party has a right to recover compensation for the damages if you were at fault. But, if there were absolutely no damages or injuries, then there is most likely nothing the other driver can sue you for.
To have a successful claim, the driver must show that there are damages that resulted from the accident. In some cases, there might not be physical injuries or damages, but mental trauma might result. Some states allow claims for emotional or mental injuries, but the victim must seek medical care to confirm the diagnosis.
Establishing Your Defense
For a successful personal injury claim to be brought against you after a car accident, the other driver will need to show that you were negligent. To do so, the other driver will need to prove that all four elements of negligence were met.
He or she will then have to prove damages through repair estimates, medical bills, and proof of lost wages. If they cannot provide those things, or prove those things, then they cannot have a successful personal injury claim.
Without damages, there is nothing to recover. When you are involved in an accident, you should notify your auto insurance. Your auto insurance will protect you in the event of a claim being made against your policy or lawsuit being filed. Part of the protection offered by your auto insurance includes representing you when you are pursued for damages in such situations.
Proving Damages
The other party will have to prove that you caused damages. If they didn’t suffer damages, they aren’t entitled to compensation.
To recover damages, they will need to show medical bills, medical records, proof of lost wages, photos of property damages, photos of injuries, and written repair estimates for property damages. Without that proof, there is no reason for a lawsuit.
If you are served with papers saying you are being sued, you should remain calm and talk with your auto insurance company. You should also consult with an accident injury lawyer as well. You might be able to pursue a claim against the other party if you suffered damages or injuries and if the other party was at fault.
Consult With a Personal Injury Lawyer
If you have been involved in an auto accident, you should consult with a personal injury attorney. Personal injury lawyers work on a contingency basis, so you don’t have to pay anything upfront. Your lawyer will not be paid until you are compensated.
To have your accident claim reviewed, complete the Free Case Evaluation Form on this page. There is a strict statue of limitations, so don’t wait until it is too late.
