Can I Sue if I Wasn’t Injured in a Car Accident in New Orleans?

Can I sue if I wasn’t injured in a car accident in New Orleans? If you sustained vehicle damage in an accident with a negligent driver, then you may still have the right to sue even if you are not hurt. 

You should consult with a New Orleans car accident lawyer right away to learn about your options and take action.

Recovering Compensation for Vehicle Damage When You Were Not Injured in a Collision

Car accidents may not always be serious enough to cause injury, but they can damage your vehicle. Depending on the collision, this could result in costly repairs that may be difficult to manage on your own. While insurance companies primarily provide settlements for injuries, if you have collision coverage, they may cover the damage to your vehicle. 

In the event that you do not have collision coverage or your auto policy limits are insufficient, you may have the right to sue the other individual for the damage they caused. This gives you the option to recover compensation that covers the cost to repair or replace your vehicle, as well as any damaged personal belongings inside the vehicle. You may also sue for the emotional distress you suffered.

The benefits of a New Orleans personal injury lawyer are that their extensive legal knowledge and advocacy skills can ensure that you receive the support, guidance, and results you deserve. When other parties try to blame you or avoid responsibility, your lawyer can put them on notice and negotiate a fair settlement on your behalf.  

What Evidence You Need in Your Vehicle Damage Case in New Orleans

Since you can sue if you were not injured, it is important to gather evidence to use in your case right away. First and foremost, you need to be sure to exchange contact, license, and insurance information with the other driver if the damage to your vehicle and belongings exceeds $500, according to Louisiana Law § 398. You must also report the accident to the law enforcement and file a police report. 

In addition to these steps, you should thoroughly photograph the damage to your vehicle so there is ample evidence of the outcome of the accident. You should also take pictures of any other details that are relevant to the crash. Get statements from any witnesses who saw the collision to corroborate your account of the events. 

After you have left the scene of the accident, collect all relevant documentation related to your damaged vehicle. This may include repair estimates or the estimated cost to replace your vehicle. If your vehicle was towed, be sure to keep receipts so there is a record of this expense. In terms of the emotional toll of the crash, keep a journal chronicling the impact on your life, and get statements from friends and family. 

Establishing the Other Driver’s Negligence in Your Lawsuit

Drivers in Louisiana are just as responsible for causing damage in a car accident in New Orleans as they are for injuries. However, to hold them accountable, you must first demonstrate that they exhibited negligence while driving. Your lawyer must show four key pieces of information that provide context and link them to your injuries. This is known as the standard of negligence and involves: 

• Duty of care: Like all motorists, the other driver had an obligation to drive safely, be cautious, and prevent harm from coming to others. 
• Breach of duty: The other driver was careless, reckless, or malicious and breached their responsibility to ensure safety 
• Causation: As a result of the other driver’s actions, they caused an accident that resulted in damage to your vehicle. 
• Damages: As a liable party, the other driver must provide compensation to cover the vehicle damage and emotional distress they caused. 

Fulfilling this requirement paves the way toward the resolution of your case. Its purpose is to connect the actions of the other driver with the outcome of your damaged vehicle. By providing evidence that speaks to each of these points, the other driver’s negligence is acknowledged as a fact of the case. At this point in the case, decisions can be made, and settlements may be disbursed. 

Considerations When Choosing Whether or Not to File a Lawsuit for Vehicle Damage

While you have the right to sue for a car accident that did not result in injury, choosing to pursue a lawsuit just for vehicle damage can be a personal decision. If the collision was a minor fender bender with very little damage, it may not seem worth it when compared to more serious damage. Even though you are not required to file a lawsuit, it can still be beneficial to talk with a lawyer before deciding. 

They can help you assess the accident to determine if your situation warrants a lawsuit or not. Even if it does not, a lawyer can still help you navigate the insurance claim. Insurance companies often avoid paying you what you are entitled to, so a lawyer can communicate with them and negotiate a fair settlement so you do not lose valuable compensation. 

For situations that do warrant a lawsuit, a lawyer can guide you through the various legal requirements, as well as deal with resistance from the opposition. They will protect your rights and work on building a strong claim that will secure compensation to offset the vehicle damage expenses you are facing. They will also ensure all documents are filled out correctly and submitted in a timely manner.

Scott Vicknair Injury Lawyers Prioritizes Your Needs After a New Orleans Car Accident

Scott Vicknair Injury Lawyers provides high-quality service, and our Louisiana injury attorneys advocate for victims. We are proactive and seek to find creative solutions to the problems you are facing. 

Our team protects your rights and fights to hold the other party accountable for their actions. Contact us to schedule a free consultation when you have been injured in a car accident in New Orleans.