DUI collisions, including minor bumps, occur frequently on California roads. From minor rear-end collisions to parking lot accidents, it is pretty easy to be involved in an accident with a drunk driver. However, injuries are rare in minor crashes like this. And if they arise, they are not severe; they can be minor bruises or cuts.

Most people are confused about what to do in such a situation. Many people wonder whether the accident is a serious issue and whether they should hire a lawyer, or if they can just exchange information with the other motorist and address matters themselves. Unfortunately, there is no straightforward approach to this issue. This blog explores why you may want to take a road accident where you have not sustained any injuries seriously.

You Can Sue In a DUI Car Crash for Damages

California is one of the at-fault states for auto accident claims. The law requires motorists to have the minimum liability insurance. Should a drunk driver cause a car collision, they may be personally responsible for damages that resulted from the crash if they lack adequate insurance to pay for the damages.

Generally, car collision victims have the legal right to file a claim against the responsible motorist for compensation. Compensation might include economic damages, non-economic damages, and property damages. Victims may also recover punitive damages in some instances, although they are rarely awarded in car accident cases.

In auto accident cases, the burden of proof lies with the victim. You must prove the at-fault driver was negligent to recover damages for your injuries and losses. To prove negligence, you must demonstrate four elements by a preponderance of the evidence. These are:

  • The at-fault party owed you a duty of care
  • They breached that duty
  • Their breach proximately and directly caused your injuries
  • You suffered damages due to the injuries

The damages in an auto accident personal injury claim could include:

  • The bills for medical care and treatment
  • Personal care costs
  • Loss of benefits and income, including lost future income and diminished earning potential
  • Psychological injuries
  • Disfigurements, permanent impairment, disabilities, and scarring
  • Loss of enjoyment of life and diminished quality of life
  • Pain and suffering, including mental anguish, mental trauma, physical discomfort, and emotional distress

What If There Were No Injuries Sustained?

There are two primary kinds of auto accident claims you may make after a drunk-driving car accident. These are as follows:

  • Property damage claims. You can file a property damage insurance claim to pursue the costs of replacing or repairing damaged property.  You can claim the cost of repairing your vehicle or purchasing a new one, as well as the cost of buying or replacing other personal possessions destroyed during the accident, such as your laptop, watch, or mobile phone.
  • Personal injury claims. You can claim damages after a drunk driver’s carelessness or negligence caused you to suffer an injury. These are the most common types of claims that auto accident attorneys handle. Examples of recoverable damages from your insurer include medical expenses, lost wages, and loss of future earning capacity.

As you can see, a property damage claim is a distinct claim from a personal injury claim. That said, even if you do not sustain an injury in a DUI car accident, you could still claim compensation for your damaged property. Most claims for property damage are settled out of court.

The only moment that you may have to go to court would be when the insurer denies responsibility for the collision. In this case, you may have to file a suit to demonstrate that the other motorist caused the accident, giving you the right to recover compensation for the damage inflicted on your car or other personal property.

Based on the extent of the damage, filing a property damage lawsuit might or might not be worth it. There may be other alternative options other than filing a suit. You want to share your matter with an attorney to know more about your legal options for receiving your deserved compensation for the damage to your property.

What If You Sustained Non-Physical Injuries?

You may experience psychological injuries after a DUI car accident, whether you also suffer physical injuries. Examples include the following:

  • Emotional distress
  • Pain and suffering
  • Anxiety
  • Mental anguish
  • Depression
  • Fear
  • PTSD
  • Night terrors
  • Grief
  • Flashbacks
  • Sleep disturbances

Severe non-physical injuries may be debilitating, thus requiring psychological assistance. Severe cases of non-physical injuries may lead to lost work time and the inability to do daily activities and chores.

Many states mandate that a victim must have sustained bodily injuries to claim damages for psychological injuries. These states presume that when a victim sustains physical injuries, they also experience non-tangible ones. However, California is not one of those states. Therefore, you could seek compensation for non-tangible injuries after an auto accident, even when you did not sustain physical injury.

Bringing a Claim for Non-Physical Injuries

If you are suing or filing a claim for non-physical injuries, you must show that:

  • The other motorist was negligent
  • You suffered serious non-physical injuries due to the collision
  • The other motorist's negligent behavior was the proximate and direct cause of your non-physical injuries

You need to have suffered serious non-physical injuries to recover damages. Showing you suffered severe non-physical injuries can be difficult when you never sustained any physical injuries.

The insurance adjuster or jury must determine that the other motorist was negligent, and the accident resulted from their negligent action (in this case, intoxication). If that is the case, the next element for the jury or insurance adjuster to decide on is whether any reasonable individual under the same circumstances would cope with the emotional and mental stresses of being in that auto accident.

A reasonable individual in this case is a hypothetical party. It is upon the jury or insurance adjuster to decide, depending on the case facts, what a sensible individual would experience. Should they deduce that any reasonable party would experience severe emotional distress due to the facts of the collision, they may award you damages for your non-tangible injuries.

You May Still Need a Lawyer Even If You Did Not Sustain Injuries

It is understandable for you to assume that you do not need an attorney if you have suffered an injury. However, in the end, the only way to know whether you require an attorney is to seek legal counsel. A lawyer can advise you if you have grounds for filing any form of claim. And because initial consultations with personal injury attorneys are complimentary, there is no reason you should not consult an attorney for more information. Meanwhile, however, here are some reasons for retaining an auto accident attorney even when you have suffered no injury.

Some Injuries Do Not Manifest Immediately

The most apparent reason to hire an attorney, if there is no injury, is that you might actually be hurt. Some injuries, particularly those related to the head, can take some time to manifest. Until you see a doctor and receive their clearance, it is safe to assume you might indeed be hurt. Or else, you risk being in a situation where you have sustained injuries, but there is no legal possibility to pursue damages for them. Another thing is that, should an accident injury go unreported, the liable party can easily deny liability.

Your best course of action would be to contact a lawyer. They will assist you in accessing any medical attention you might need in case you are injured. The lawyer can also help you navigate the entire process of pursuing an injury claim or lawsuit, if applicable.

You Might Have a Claim for Property Damage

As mentioned earlier, you may not have sustained an injury, but your property may be damaged in the crash. Therefore, you may still be eligible to pursue a property damage claim. Hiring a personal injury attorney will help you value your claim correctly. An attorney will ensure you receive fair treatment from insurance adjusters and that you receive full compensation for the losses you incurred. If you are representing yourself, the insurer may try to take advantage of that to offer a lower settlement.

Consider this scenario: After your insurer learns about how much your car repair costs may be, one of the following will happen:

  • They will offer to pay for the costs of your vehicle repair
  • They will offer to pay for the replacement costs if the car is totaled
  • They will recommend a much lower settlement value than you require to replace or repair your auto and pay for your other losses.

When the insurer chooses the last option, you might have to negotiate a fair settlement value or consider filing a lawsuit in court. Your lawyer can guide you through this process if you have one.

Reporting Requirements Are Often Intricate

There is often ambiguity surrounding whether you must report a slight car accident in California. You must file an SR-1 form with the DMV if property damage exceeds $1,000. Additionally, any injury must be reported immediately to the relevant law enforcement authorities. It does not matter if it is just bruising or cuts. Any physical injury means that the accident must be reported and documented.

What will happen if you do not obtain a police accident report when needed? You may face severe consequences if somebody later proves they were hurt or there is severe damage to the car and other possessions. A car accident lawyer will help ensure you do not fail to meet your reporting requirements.

Attorneys Can Safeguard Your Rights

Your legal rights are valuable and must be safeguarded by lawyers who understand their importance. If you agree to a settlement, for example, without a lawyer valuing your insurance claim, you may receive less compensation than you actually deserve. Alternatively, if you decide to negotiate with the insurer for your own damages, discussions may become protracted or stall.

By retaining an attorney, you will be ensuring that insurers respect your legal rights at all stages of your claims process. It does not matter whether you did or did not sustain physical injuries. Your legal rights are sacred.

Lawyers Will Handle Insurance Negotiations on Your Behalf

Usually, insurance negotiations are challenging to manage. That is because insurance providers will do all they can to avoid giving out a settlement. They will, at least, attempt to mitigate or reduce what is payable. A lawyer can handle your auto accident case for you. They will negotiate with the insurer vigorously but fairly, increasing your chances of receiving the damages you deserve. Also, there is the added advantage of being able to spend your time recovering instead of being preoccupied with legal battles.

The Dangers of Failing to Hire Legal Counsel

As we can depict, even when there is no injury, failing to hire a car accident attorney carries risks. Here is just a summary of the possible dangers you may face:

  • You might have a valid property damage claim. With no legal counsel, you may not be able to recover the damages you deserve.
  • Injuries could take time to show. If you do not hire an attorney, you might lose the right to hold any party liable for the injuries later.
  • There is the risk of insurers taking advantage of you if you lack legal help. They might convince you to agree to settle for far less than you are entitled to.
  • After you settle your claim with your insurers, you lose the right to pursue any more compensation for that accident. Therefore, should you agree to settle without retaining an attorney, the chances of undervaluing your insurance claim are higher.
  • Even minor collisions may necessitate a crash report. A lawyer can help ensure you meet each of your legal duties and complete all the necessary paperwork.

Do not risk leaving any detail to chance. Consider retaining a car accident attorney even if there is no evident injury.

Steps To Take After a DUI Car Accident

Even when you suspect that it is only a minor DUI accident or there are no injuries, you still want to safeguard your legal options and position. These are the steps to take right after a DUI car accident:

  • Exchange driver information. You might need the details when reporting the accident or filing a claim later.
  • Collect evidence. Take videos and pictures, and record witness information if possible. This evidence can corroborate your claim, even when it is just a property damage claim.
  • Undergo medical care. Just because you do not feel injured does not mean it is not worth obtaining medical care. Remember that injuries can develop gradually, and seeing a doctor will help detect them earlier. And you could use your medical records to support your future injury claim or lawsuit, if necessary.
  • Contact a personal injury attorney. Another step you must take is to contact an auto accident attorney. Even when a personal injury claim is not in the picture, your lawyer can still establish whether you have other rights and options based on your case facts.

Statute of Limitations for DUI Auto Accident Claims

It is crucial to know that all claims, whether for property damage or injury, have timeframes within which they must be filed. The law governing these timeframes is called a statute of limitations. Put otherwise, you have only a limited time to bring your insurance claim and seek compensation. The primary timeframes you should know about are as follows:

  • Personal injury claims. If you have a personal injury insurance claim, you must file it within 24 months of when the accident happened.
  • Property damage claims. If you plan to bring a property damage insurance claim, do so within three years of the collision date.
  • Property claims against government officials or agencies. To sue a government agency or official for compensation, you must do so within six months of the collision date. Special and more intricate procedures apply.

Even though there are some exceptions to the statute of limitations, you may lose your legal right to file your claim if the deadline runs out. And the earlier you bring your claim, the simpler it will be to preserve relevant evidence and demonstrate your case. Consult your lawyer, and they will explain what deadlines you should follow and their effect on your claim.

Find an Experienced Personal Injury Attorney Near Me

Have you been involved in a DUI car accident? Do not hesitate to retain an attorney to protect your rights. Even without injuries, a DUI car accident is still serious. Consulting a lawyer can help you know whether you can claim compensation for your damaged property or can sue for non-physical injuries. An attorney can also assist you in negotiating for a fair settlement amount with your insurer if need be.

At Los Angeles Car Accident Attorney, we work on a contingency fee basis; therefore, you will only pay us if we are successful in your case. You have nothing to lose by calling and setting up a complimentary consultation. On the contrary, you have everything to gain if it turns out that you have a case. Let us help you determine whether there are grounds to bring a claim or lawsuit. Contact us at 424-237-3600 to explore your legal options.