A car accident doesn’t necessarily have to cause physical or bodily injuries for a claim to be filed in Texas. If you suffered other types of damages – such as property damage, rental car costs or emotional distress – you can still be eligible for financial compensation from the person who caused the crash. You can seek justice for non-injury-related losses with help from an experienced car accident attorney in San Antonio.
Insurance Claim vs. Personal Injury Lawsuit
First, it is important to understand the distinction between a personal injury lawsuit and a car insurance claim in Texas. For the most part, a lawsuit cannot be filed without the presence of physical or bodily injuries, unless the individual suffered severe emotional distress. For a lawsuit to be filed in Texas, actual damages must have arisen from the crash. However, a car insurance claim could still be filed in Texas if you were not physically hurt in the accident.
What Qualifies for a Car Accident Lawsuit Outside of Physical Injuries?
The majority of car accident insurance claims and lawsuits in Texas involve physical injuries, such as broken bones, internal injuries and soft-tissue damage. However, bodily injuries are not necessarily a requirement to file a claim.
Other losses can also entitle a claimant to financial compensation from an at-fault party, including:
- The cost of motor vehicle repairs
- The pre-crash value of a totaled vehicle
- Personal property damage
- Rental car costs and transportation/travel
- Out-of-pocket costs and other financial losses
- Lost wages from taking time off of work
- Emotional distress and post-traumatic stress disorder
While it can be harder to prove eligibility without the presence of physical injuries, evidence of monetary losses or significant emotional distress could lead to a financial settlement – even without an injury diagnosis.
Who Pays for a Car Accident in Texas?
In Texas, the “at-fault” car insurance law means the driver or party responsible for causing a crash is required to pay for related damages. This includes, but is not limited to, bodily injuries, property damage, lost wages, and pain and suffering. Motorists are required to carry at least $30,000 per person and $60,000 per accident in bodily injury coverage, plus $25,000 in property damage liability insurance, to pay for the losses of others.
How to Prove a Non-Injury Car Accident Claim
If you wish to pursue financial damages for losses outside of an injury, you need to produce proof or evidence of these losses. Keep all bills and receipts related to your car accident recovery. Get a professional repair estimate for your motor vehicle. Seek professional help for any mental or emotional symptoms that arise after the crash. Submit these documents as evidence alongside your car insurance claim to pursue fair compensation.
Wrongful Death Lawsuits for the Loss of a Loved One
If you were not hurt or directly involved in a car accident, but a loved one lost his or her life, you may be eligible to file a wrongful death lawsuit. This type of case could result in financial compensation to make up for funeral and burial costs, your loved one’s medical expenses, loss of consortium damages, lost wages and inheritance, and your pain or grief.
Watch for Delayed Injuries
Sometimes, car accident victims don’t discover their injuries until later due to delayed symptoms. Be on the lookout for any unusual sensations in the hours and days following an automobile accident. Do not assume you are uninjured until you have been to a doctor for a professional opinion.
If you discover an injury later, you still have the right to pursue financial compensation for your medical bills and related losses. However, it can be more difficult to prove to an insurance company that your injury is related to the automobile accident.
Whether you have delayed injuries or no injuries at all, seek justice and a fair financial recovery for your compensable damages with help from an experienced injury attorney in San Antonio.