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Can You File A Car Accident Claim In NC If There Is No Damage?

July 16, 2018

Car accidents may not always look as severe as they are.  Relatively serious injuries can occur in near-miss accidents and minor collisions that leave the vehicles undamaged.  Vehicle damage is not a prerequisite for filing car accident claims, and any car accident injuries you face could entitle you to compensation for the injuries you suffered.  For a free consultation on your car accident case, contact the Charlotte car accident attorneys at Dewey, Ramsay & Hunt, P.A. today.

Suing for Car Crashes without Vehicle Damage

Car accident cases may be complicated matters that deal with property damage, physical injuries, and payment for these damages.  If you were injured in a car crash, the focus of your claim should always be the injuries you suffered.  Any time you face injuries because of someone else’s negligence, you may be entitled to compensation for the medical expenses, lost wages, and pain and suffering that the injury causes.  Even without damage to your vehicle, you can still sue.

In cases where you were hit on a bicycle or walking, you can sue for your bicycle accident or pedestrian accident.  These kinds of cases can cause serious injuries, even at relatively low speeds.  Many of these accidents may not damage the vehicle that hit you, but they could leave you hospitalized or facing serious or permanent injuries.  The lack of damage to the vehicle does not stop you from being able to file your case.

In many car crashes, whiplash injuries are very common.  These injuries occur when your head quickly snaps back and forth, putting tension on your muscles, tendons, and spinal cord.  These injuries are especially common in rear-end collisions, even at lower speeds.  If you are rear-ended in a parking lot, hit while waiting to drop off your kids at school, or were a passenger in the car that hit someone, you could face whiplash injuries.  In many cases, these kinds of accidents are caused by someone else’s dangerous or careless driving, which could entitle you to sue them for damages.

Proving Car Accident Injuries Without Damage

In cases where the damage on each car involved in the crash matches up, the puzzle pieces of how the accident occurred are simple to fit together.  This makes proving the case to a judge and jury simpler.  Especially when both cars suffer clear damage or are physically stuck together by the accident, it is easy to tell even from photographs how the crash occurred and to pinpoint who was at fault.

In cases without damage to the vehicles, it is harder to prove that the accident occurred.  Juries may be skeptical that the accident even occurred if there is no evidence of a collision.  However, your testimony, the testimony of any passengers in your car, eyewitness statements, traffic cams, and other evidence like skid marks might help you prove your case.  It is difficult for cars to be involved in an accident without having at least some evidence of the collision.  In many more minor crashes, there may be no true damage, but the cars may have scuff marks or may have “traded paint” at the point of impact.  This can help prove how the accident occurred.

In addition to proving the accident happened, you must prove the other party was at fault.  Your attorney can point to traffic laws and expectations about safe driving to show that the other driver was at fault for the crash.  For instance, speeding, failing to stop at a stop sign, tailgating, and other traffic violations could all be the basis of proving your case against the other driver.

Your attorney can also help prove the damages you faced to show what compensation you are entitled to.  Evidence from medical bills, evidence of your average wages from your pay stubs and bank statements, as well as testimony about the pain and discomfort you faced after the accident, can all help prove your case.  Your attorney can discuss with you how much your case might be worth.

Charlotte Car Accident Lawyers Offering Free Consultations

If you or a member of your family was injured in a car accident, talk to an attorney today.  The Charlotte personal injury lawyers at Dewey, Ramsay & Hunt, P.A. represent the victims of car crashes and fight to get them compensation for their injuries.  To start working with one of our attorneys today and to learn more about what your case might be with, call our law offices today at (704) 377-3737.