7 June, 2024
As a motorist, you will likely experience a car crash at some point in your driving life. Fortunately, statistics show that most accidents are minor, where the driver and vehicle occupants do not sustain serious injuries.
Of 13.2 million vehicle crashes in 2021, 3.7 million incidents resulted in medically consulted injuries. Although you may not sustain an injury, car crashes are frightening, and victims still deserve compensation under personal injury law.
All car accidents, including non injury incidents, often cause significant financial and emotional stress.
Vehicle collision coverage caters to damages your vehicle sustains in a car crash, regardless of the at-fault party. You can also receive compensation credit for liability coverage, which covers damages caused by another vehicle.
Although a non injury accident often results in no physical harm, some victims develop complications later, necessitating treatment. An injured victim has the right to seek compensation for various medical expenses, including medication, surgical costs, cost of diagnosis, and ongoing care.
You can claim compensation for lost wages if you cannot attend work due to a car accident. It is also possible to claim compensation if you cannot resume your usual work after being involved in a non injury car accident.
You can obtain compensation for the mental distress you are experiencing as a result of the car crash. In most cases, the incident leading to a non injury car crash may be traumatizing and cause mental disorders such as anxiety, panic attacks, or post-traumatic stress disorder.
Emotional anguish damages provide victims with vital compensation to enhance their mental health recovery.
Several factors come into play when determining the settlement amount for a non-injury car accident, including:
If the defendant is entirely responsible for a crash, you may recover all the damages related to the accident. However, if you share responsibility for the crash, an insurance company or judge may reduce the expected compensation value to the extent of your fault.
Being at fault does not prevent you from recovering, as California is a pure negligence state. This means the law allows an injured victim to obtain compensation despite their percentage of fault.
The nature and severity of an injury will influence the settlement value. Victims who sustain injuries in delicate body parts like the brain or spinal cord deserve higher settlement values.
Suppose you sustained a herniated disc injury after a car accident involving an intoxicated driver. In that case, you deserve a hefty settlement value for medical expenses like diagnostic tests, medication, surgery, and rehabilitation charges.
Most drivers carry minimum liability coverage to comply with legal auto insurance requirements. Even so, accident-related losses often exceed insurance coverage, which can be a shortcoming for injured victims.
If the at-fault party has insufficient coverage, the injured victim may not fully recover their losses.
There are two options for an accident victim who can’t recover their losses from the at-fault party’s insurer. First, an injured victim can utilize their insurer’s uninsured or underinsurance coverage to cover their losses.
Alternatively, the injured victim can file a lawsuit requesting the court to attach the at-fault party’s assets or income to clear the settlement value.
If your injury requires a lengthy treatment plan ranging from several months to over a year, your case may deserve a hefty settlement value. The additional settlement value covers lost wages due to missed work and other benefits you could have earned during recovery.
It may also include medical expenses incurred during the treatment plan and out-of-pocket costs associated with the injury.
The ability to fully recover from a car accident depends on the settlement amount obtained in a settlement claim.
Here are a few tips to maximize the compensation from a car accident settlement:
In most states, drivers must report accidents that involve injuries, death or substantial property damage. When a police officer arrives at the scene of a car crash, they often generate a report. You can rely on the document to prove liability and protect your rights during an insurance claim or lawsuit.
Following a car accident, prioritize getting medical attention. Sometimes, car accident victims sustain internal injuries whose symptoms are not immediately apparent. However, a comprehensive medical examination by a healthcare provider can reveal any issues, even if they are not yet showing symptoms.
When a healthcare provider examines you following an accident, they generate medical records which you can use to show the extent of your injuries. If you delay obtaining medical care, the at-fault party may question the severity of your injuries, giving them an upper hand during negotiations.
Similarly, if the injury develops into a complication, seeking compensation for medical expenses and other losses may only be possible with supporting medical records.
Working with an experienced car accident attorney enhances your chances of obtaining a fair settlement value for your losses. For instance, an attorney will apply their knowledge during settlement negotiations to evaluate all offers and help you get the best result possible.
In addition, an attorney has a central role in gathering evidence, which is vital in building a solid case that maximizes compensation.
Each state has a statute of limitations stipulating a specific timeline for filing a car accident settlement. In New York, for instance, a victim should file a lawsuit within three years from the date of the accident.
If you fail to file a lawsuit within the deadline, the court could dismiss the claim, affecting your ability to obtain compensation.
Since a non-injury car accident doesn’t involve bodily injury, the settlement caters to losses related to property damage to vehicles and other assets.
It includes the cost of:
A car accident settlement involves various damages, which complicates the calculation process. Most economic damages, including medical expenses, lost income, and out-of-pocket expenses, are easy to calculate because they are verifiable.
However, calculating intangible losses like emotional anguish involves a special formula like the multiplier method, with a certain factor ranging from 1.5 to 5. A higher multiplier factor is applied for car accident victims who sustained severe injuries.
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Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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