Should You Claim for a Non-Injury Accident?

Auto accidents happen every day, and they come in all shapes and sizes. We often hear about the devastating multi-vehicle pile-ups or drunk-driving crashes resulting in severe injury — or, more tragically, death — and of the hundreds of thousands or millions of dollars achieved in personal injury cases. But little is said about fender-benders and other non-injury accidents.

Can you recover compensation after a non-injury accident? Is it worth the effort? Do you even need an attorney?

It’s a common misconception that if you haven’t suffered an obvious injury in a car accident, you don’t have a case. Property damage can be just as financially devastating as injuries. Injuries also don’t have to be physical to impact your life. And, in many cases, injuries don’t always appear immediately, or they worsen over time. If you dismiss the idea of filing a claim, thinking you’re not eligible or that it’s not worth the hassle, you might miss the opportunity to recover substantial compensation.

Understanding the Damages You Can Recover in a Texas Personal Injury Claim

You can recover various damages — representing your losses — in a Texas personal injury claim, whether via a settlement with the at-fault party’s insurance company or securing a judgment in court. The most common damages awarded in a claim are medical expenses for immediate treatment after a crash and long-term costs for medication, additional surgery, physical therapy, and adaptive aids for the home, such as mobility devices.

But these aren’t the only damages you can recover. You are also entitled to compensation for lost wages if you’ve had to take any time off work after your accident and property damage.

Property Damage

Even in a non-injury accident, you’ll likely sustain some property damage. Injuries typically correlate with a more severe impact — and, therefore, a costlier repair job — but every accident is unique, and it’s possible to suffer substantial damage without experiencing harm.

Car repairs can be eye-watering. The price to fix the damage caused by a fender-bender is roughly $1,000, but if you need new parts, the cost stacks up fast. New boots can cost from $100 to $1,000 for specialty tires. Cracked windshields are in a similar range, while a new engine will set you back thousands of dollars.

You may also recover the cost of repairing or replacing any other property damaged in your accident, such as your eyeglasses, child seats, and cell phone.

Read More: Where to Get Your Car Fixed after an Accident

Emotional Distress

A car accident is a traumatic event, and it’s entirely natural to experience emotional distress in the aftermath, even if you haven’t suffered visible physical injuries.

In Texas, you are entitled to compensation not just for the tangible or provable losses you’ve suffered. You can also be compensated for non-economic damages, including mental anguish and emotional distress. These damages are not as easily quantifiable as medical bills, lost wages, or property damage, but they are no less real. In fact, the emotional impact of an accident can affect a car accident victim long after any physical injuries have healed. Emotional distress can manifest in several ways, such as:

• Anxiety: You might find yourself constantly on edge, worrying about future accidents, or feeling anxious behind the wheel. This driving anxiety can make it difficult to commute to work, run errands, or even visit friends and family.
• Post-Traumatic Stress Disorder (PTSD): Post-traumatic stress disorder can develop after any trauma — including a car accident. PTSD symptoms can include flashbacks, nightmares, and intrusive thoughts. This condition can also disrupt your sleep, affect concentration, and make everyday tasks challenging.
• Depression: Feeling sad or hopeless and loss of interest in activities you once enjoyed are common after a traumatic experience. Depression can affect your energy levels, appetite, and overall quality of life.

The emotional distress resulting from a car accident can have a far-reaching, long-term impact. It can affect your work, your relationships, and your well-being. You might find it difficult to concentrate at work, leading to decreased productivity or job loss. Your relationships might also suffer as you struggle to cope with the emotional aftermath of the accident.

Emotional distress can sometimes lead to physical symptoms, too. For example, anxiety can cause stomachaches or headaches, while depression can lead to fatigue and sleep disturbances. These physical symptoms can require medical attention and time off work, resulting in additional compensation for economic damages.

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What to Do after a Non-Injury Accident

So, if you’ve been in a non-injury accident, what should you do? Our McAllen and San Antonio personal injury lawyers recommend you take the following steps:

• Contact the authorities: You’re not legally obligated to report your crash to the police unless it causes death, injury, or property damage over $1,000. However, it’s wise to report your accident even if it’s a minor collision. A police report provides an official record of the incident and lets you get your story on the record. If you later decide to file an insurance claim for property damage or other losses but you haven’t reported the accident, the insurer may deny liability, especially if they cite a crash report filed by the other driver claiming you were responsible and you have no evidence to dispute it.
• Exchange information: Get the names, contact details, and insurance information of all other drivers involved. You should also note the contact information of any witnesses to the crash, who can corroborate what happened if the liable party blames you for the accident.
• Gather evidence: Take photos and videos of the accident scene, vehicle damage, and road conditions. This visual documentation is vital evidence that can show how the accident happened and who is responsible, as well as help you prove the damage you suffered. For example, if your tail lights smashed when a driver rear-ended you, but you do not have photographs of the damage and no other supporting evidence, the insurance company may argue you sustained the damage after the accident and refuse to cover the repair costs.
• Notify your insurance company: Report the accident to your insurance company, following the procedure outlined in your policy. Be prepared to answer their questions and provide any documentation they request. You should take this step regardless of who is at fault so you can begin the claims process. Your insurer may require you to contact them within a specific timeframe after an accident to be eligible for coverage. If you are entitled to compensation from another party, your insurance company may honor your claim and recover the costs from the responsible party’s insurer.

Hidden Injuries: Why You Should Seek Medical Attention

There’s one additional step you should take after a non-injury accident. Even if you feel fine, we highly recommend you visit a hospital, doctor, or urgent care clinic to get checked out. The adrenaline rush following a crash can mask pain, and some injuries may not manifest immediately.

 Common injuries with a delayed onset include:

• Whiplash: This soft-tissue injury to the neck can take hours or even days to show symptoms. Complications can include chronic pain, headaches, and dizziness.
• Concussion: This mild traumatic brain injury may not cause immediate symptoms, but can lead to headaches, memory problems, and difficulty concentrating. Ignoring a potential concussion and dismissing it as “just a headache” could lead to complications like post-concussion syndrome or make you more vulnerable to additional injury later on.
• Internal bleeding: This serious condition may not be obvious at first, but can be life-threatening if left untreated.

Seeking medical attention protects your health and creates a record of your condition. If you are injured in what you initially believe was a non-injury crash and seek compensation, medical professionals can testify that your injuries likely resulted from the accident, even if you didn’t have immediate symptoms.

If you’re concerned about paying for medical treatment or a check-up and don’t believe you’re hurt, you may decide not to bother. However, delaying treatment can worsen your condition and jeopardize your claim later.

We can provide you with a Letter of Protection, guaranteeing payment to medical providers from your settlement or judgment. This document allows you to access necessary medical care without upfront costs, ensuring you receive the treatment you need.

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