The thought of a car accident brings to mind images of scratched and smashed vehicles, broken glass and deployed airbags. However, sometimes accidents result in negligible damage to cars, like a minor bump against another car in a parking lot. What’s the right way to handle those situations?
It’s important to keep in mind that any car accident claim must be supported by some form of damages; without them, you can’t expect compensation. However, damages aren’t always clear-cut. If you’re in a car accident, no damage is apparent and you’re not sure what to do next, here are some important factors to consider as you formulate your next steps, starting with an overview of the types of damages you might be able to claim.
[READ: How to Report a Traffic Accident to the Police]
What Are ‘Damages’ in a Car Accident Case?
While a car accident lawsuit can include multiple legal claims, at the heart of nearly all car accident cases is a claim for negligence. A negligence claim makes the case that another person’s failure to act reasonably caused you harm–like the tailgater who was following you so closely they didn’t have time to stop before rear-ending you.
However, to succeed in a negligence claim, you must allege and prove damages. While the term damages covers all the obvious property destruction to your car–even minor car damage–as a legal term, it has a broader meaning and can include things like:
— Physical injuries (cuts, bruises, broken bones)
— Pain and suffering
— Psychological harm (anxiety, depression, PTSD)
— Emotional distress
— Lost business or lost wages due to missed work
— Medical expenses
— Loss of companionship
Given its broad scope, damages can include injuries that take time to manifest. For example, the trauma of a car accident can lead to PTSD that may take several years to identify and that can involve relapses and remissions over time. With car accidents being the single leading cause of PTSD, these kinds of injuries might be more common than you think.
Car Accident, No Damage Situations: 3 Things to Consider
As you work through the fog of a car accident, there are some important on-scene steps to take to protect yourself and others. This includes seeking medical help if needed and documenting the scene to gather evidence for law enforcement agencies or insurance companies investigating the car accident. No damage observable on the scene, however, doesn’t always mean that you won’t go through the insurance claim process or litigation.
1. You May Discover Damages After the Fact
Under the law, damages include much more than vehicle repairs. An accident involving a tapped bumper (no damage), or even one where no actual contact was made with your vehicle, can still result in personal injuries.
How might this come about? Consider the scenario of a big rig narrowly missing your two-door coupe. The image of the rig barreling down on you could trigger a pre-existing trauma or generate a new one altogether, resulting in emotional distress, other psychological harm or even a cardiac event due to the stress of the moment. These would be considered damages even if there was just minor car damage, or none at all.
As another example, if the big rig missed your car, but fatally struck another one that a family member was driving, you might be able to claim damages through a wrongful death claim, even though your car was untouched.
What’s the bottom line? You may still have a legal claim if you were in a no damage car accident, or even a minor car accident. No police report at the scene could possibly document the existence or extent of any and all injuries that might manifest themselves weeks, months or possibly years after the fact. That’s why it’s important to continually monitor your health and well-being after an accident and seek care as needed.
Key points:
— Don’t assume that the absence of observable vehicle damage means the absence of all damages.
— Pay attention to your mental and physical health after an accident, and seek care if issues arise.
2. Another Driver May Discover Damages After the Fact
Consider the situation above, but in reverse. Even if you don’t discover injuries after a car accident, another driver involved in the crash could. If so, you might be involved in a claim against your insurance or potentially a car accident lawsuit down the road.
While you can’t predict whether this will come to pass, you can protect yourself by documenting the scene as much as you can, right after the accident. Take pictures and videos of the area and vehicles involved. Record your recollection of the event as close in time to the accident as possible and, if appropriate, consider checking in on other drivers after the fact to see if they’re okay.
Key points:
— Document an accident scene even where it appears that there is no damage or negligible damage (to car parts, roadways or other property).
— Record a written recollection of what happened as near in time to the accident as possible.
3. Even Without Damages, You Could Still Be Involved in the Legal Process
Even if you’re involved in a car accident, no damage situation, that doesn’t mean you won’t be pulled into a claim or lawsuit. For example, you could be issued a citation for traffic violations, or you could be deemed a witness if a citation is issued to another driver.
[Do You Need a Lawyer to Fight a Speeding Ticket?]
If your car wasn’t damaged, you could also be considered a witness in claims or litigation among other drivers involved in an accident. If so, you could find yourself receiving a subpoena for records or for your testimony at a deposition where you will be asked questions about your first-hand knowledge of the accident.
If this happens, you should consider reaching out to an attorney for assistance. Depending on the information and testimony you provide, you could be pulled further into a case. For example, if you admit to distracted driving–or your phone records show that you were texting just before the accident–you could be added as a defendant in the lawsuit if another party can tie that in some way to the cause of the crash.
Key points:
— Even if you experienced minor damage, or no damage, you could be pulled into insurance claims or lawsuits by others involved in the accident.
— Consider consulting with an attorney even if you’re merely appearing as a witness in a case.
Need Legal Help for Car Accident, No Damage Situations?
Car accidents happen and being able to walk away without damages is an ideal outcome, but it’s not always the end of the story. If you were involved in a car accident, even one involving minor car damage, consider speaking with an experienced attorney who can assess your potential claims or liability.
More from U.S. News
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How to Report a Traffic Accident to the Police
Car Accident Compensation: Types of Damages to Claim
In a Car Accident? No Damage? Here Are 3 Things to Consider originally appeared on usnews.com
