If you have been involved in a car accident and you have not suffered from injuries, you may be wondering if you have a right to file a lawsuit, or what type of compensation you are able to seek from the car insurance company. The first step is understanding the difference between a personal injury lawsuit and a lawsuit for seeking damages to property. There are a few basic guidelines that need to be met in order for someone to file a personal injury lawsuit, which we will discuss below. If your situation does not meet these guidelines, then you will hopefully be able to avoid dealing with a lawsuit but there are circumstances that do require someone to take legal actions in order to recover compensation no matter what.
1800-Injured has a referral network for victims of car accidents to get in touch with aggressive, experienced personal injury attorneys who will fight to ensure that their clients get the help that they deserve and need. Contact us today if you are unsure of your options, or would like to take advantage of an initial consultation to learn more about how you can benefit from working with an attorney after your accident.
What Are The Requirements For a Personal Injury Lawsuit?
There are a lot of details that go into building and pursuing a personal injury lawsuit, but there are some basic requirements that need to be met in order to determine whether or not you are legally able to move forward with the process. The following factors MUST be present in your accident in order for you to seek personal injury damages:
- You were in an accident caused by someone else’s actions that put you in harm
- There were injuries that resulted from the accident
- The injuries resulted in measurable damages
If your accident does not have all three of these requirements, then you will not be able to seek damages in a personal injury lawsuit. However, there are other situations that may require legal action in order for you to collect the compensation that you are rightfully owed.
Seeking Compensation After a Car Accident With No Injuries
Even if there were no injuries sustained in the car accident that you were involved in, it is extremely likely that there was damage done to your property. Even a minor fender bender can cause a significant amount of damage to a vehicle, and you will need to work with the other driver’s insurance company in order to get compensated for the repair or replacement costs. But what happens if the other driver is uninsured, or underinsured?
Collecting Damages From an Uninsured or Underinsured Driver
If you are attempting to get compensation from the other driver and you discover that they are either uninsured (as 1 in 4 Florida drivers unfortunately are), or underinsured (as millions more are), you will need to seek alternate options to get the money you deserve. If you carry UM (Uninsured/underinsured motorist) insurance, then you will be able to go directly through your own insurance company up to your policy limit.
In other cases, you may need to seek compensation from the other driver or their insurance company in the form of a lawsuit. This lawsuit is very different than a personal injury lawsuit, because it is seeking damages for property, and not physical and emotional injury.
Seeking Compensation Without a Lawsuit
If all goes well, you will be able to work directly with the other driver’s car insurance company. The agent that you work with will be able to give you a list of steps that you will need to take in order to determine the amount of money that you need to get in order to compensate you for the costs of your damage. This could include having the work done to your vehicle, damages to any other personal property that you had in the vehicle, and in some cases even the replacement cost of your vehicle.
Even if you do not believe that you will need to take the other driver or insurance company to court over the damages to your personal property, it is always a good idea to work with an experienced car accident attorney in order to make certain that you are getting all of the compensation that you need, and that all steps are taken properly to ensure that you are moving along at a good pace. Contact the team at 1800-Injured today in order to go through an initial consultation so that we can understand your needs and connect you with an attorney who will be able to help you navigate this process with the best chance of success.