Brian White | August 4, 2021 | Car Accidents
Texas is an at-fault state for car accidents and car accident insurance. If you’re involved in a car accident in Texas, you can file a claim against the at-fault party’s insurance to recover compensation for losses like medical bills and lost wages. You may also file a lawsuit if the negligent party’s insurer does not offer a fair settlement.
Injury victims usually file claims or lawsuits when they’ve been injured in car accidents. If you were involved in a car accident in Texas but were uninjured, you may wonder whether you have grounds to sue.
The short answer is “maybe.” There are instances when you may sue someone after a car accident, even when you weren’t harmed. Keep reading to learn more about these unique scenarios.
Suing for Property Damage After a Texas Car Accident
You and your passengers aren’t the only potential “victims” when someone else’s negligence causes an accident. Your vehicle may be damaged even if you escape an accident with no injuries.
The cost of repairing your vehicle can be significant. In some instances, it’s necessary to replace a vehicle altogether.
You shouldn’t have to absorb these costs when your vehicle was damaged because another party was negligent. You can instead file a property damage claim.
Texas requires its motorists to be able to pay for any accidents they cause. Most drivers meet these requirements by purchasing insurance. Thus, it’s usually possible to settle out of court when you file a property damage claim after a Texas car accident.
However, there may be instances when it’s necessary to file a lawsuit. The negligent driver’s insurer might try to avoid compensating you by arguing you haven’t provided enough evidence to show they caused your accident. Additionally, the negligent parties who cause car accidents aren’t always other drivers.
For example, you could be involved in a car accident if a pedestrian throws an item at your car and causes you to lose control of the vehicle. You may need to file a lawsuit to recover compensation for this property damage.
Suing for Non-Economic Damages in Texas
Again, in many instances, car accident victims seek to recover compensation for medical bills and other economic losses resulting from their accidents. However, they can sometimes also seek compensation for non-economic damages, such as pain and suffering.
Pain after a car accident doesn’t necessarily have to be physical in nature. For example, if you were involved in a traumatic car accident, you may now be suffering from anxiety and other forms of mental or emotional trauma. Your anxiety may be so great that you no longer feel safe driving. This can have a significant impact on your employability and your quality of life.
However, proving you deserve compensation for non-economic damages can be difficult. This is particularly true if you weren’t physically injured in a car accident. Even so, there are rare scenarios when uninjured victims have grounds to file claims or lawsuits to seek compensation for pain and suffering damages after car accidents.
It’s highly advisable to consult with an attorney if you’ve been involved in a car accident in Texas that didn’t leave you with physical injuries but did leave you with anxiety or similar difficulties. A legal expert needs to review your case to determine if non-economic damages are significant enough to warrant pursuing compensation.
Proving non-economic damages will often require the help of expert witnesses, such as mental health professionals. An attorney can consult these experts to strengthen your claim.
The majority of cases in which uninjured victims file claims or lawsuits involve seeking compensation for property damage. You don’t need to be injured to sue a negligent party after a car accident. You may still have a legal right to pursue compensation depending on the circumstances.