Usually, when we think of pursuing another person for compensation after a car accident, we mainly focus on personal injuries. However, what happens if you walk away from a car crash, get yourself checked out, and find you have come away unscathed? Can you still pursue compensation even if you didn’t get hurt?
That is what was reported to happen in 20,043 of the 44,113 crashes that happened in Oregon during 2022. If that has happened to you, the good news is that you can still sue the other party for the damage to your property. This would include your car but could also include other personal property that got damaged or destroyed in the crash.
Let’s explore the typical settlement amounts you could hope to achieve after a car accident that didn’t cause you physical injuries.
Average Settlement Amounts for Oregon Car Wrecks Without Injuries
There are no published statistics on settlement amounts after Oregon car accidents. Also, each accident is unique, and different factors will influence the settlement amount. However, there are some indications that can help us estimate how much you could receive for a car accident without injuries.
Oregon car insurance laws
In Oregon, every driver must carry the minimum insurance requirements:
- $25,000 bodily injury coverage per person
- $50,000 bodily injury to others
- $20,000 damage to others’ property
Therefore, if you only suffer property damage, it is possible that you could recoup up to $20,000 from the other driver’s insurance company for damage to your property. However, it is important to note that this is not an average settlement and this amount is not guaranteed. This is simply the minimum amount of coverage an Oregon driver must have before he or she can legally drive in the state.
Some drivers may have taken out higher levels of coverage. So, if your property damage exceeds $20,000, you could possibly sue him or her for more based on the driver’s insurance coverage. However, things may be more complicated if the other driver is either uninsured or underinsured.
Uninsured and underinsured drivers
In Oregon, all insurance policies must include Uninsured Motorist (UM) coverage. This allows you to recover damages from your own insurance company if the other driver does not have insurance or does not have enough coverage. However, this allowance comes with an important caveat – it does not cover property damage.
Oregon law ORS 742.502 states that this coverage is “for bodily injury or death.” So, if you get hit by an uninsured or underinsured driver and are not injured, you may not be able to use this coverage to reimburse you for your damaged vehicle. Your only option may be to sue the driver personally for compensation.
However, this is a complex area of law and requires the advice of an experienced car accident attorney. He or she can listen to your story and help you understand the best route to compensation. A lawyer will also advise whether there is merit in hiring a personal injury attorney to fight this case for you or whether there is a simpler route to financial recovery.
Compensation in Oregon Car Accidents Without Injuries
Clearly, it’s possible to pursue a claim for compensation for property damage after a car accident, but recent law changes in Oregon mean you may also be able to pursue other damages despite being physically unharmed. These could include emotional distress and punitive damages.
Emotional distress
In the past, to claim compensation for emotional distress in Oregon, an accident victim had to have suffered physical injuries. However, this is no longer the case.
A 2016 case, in which two brothers witnessed the death of their brother in a truck accident but were physically unharmed, changed the way Oregon handles certain cases of emotional distress. It now uses the “bystander rule,” which may allow you to recover compensation if you witness an event causing the death or injury of a close family member.
While hopefully none of us find ourselves in the situation described above, it is reassuring to know that Oregon law recognizes that the impact of car accidents can go beyond physical injuries.
Emotional distress could include:
- Depression
- Anxiety
- Flashbacks
- Weight fluctuations
- Headaches
- Sleep disorders
Understanding your rights when you have not been physically injured but are still struggling with the aftereffects of an accident can be complex. At a free consultation, an experienced Oregon car accident attorney can discuss your legal options and explain the strongest route to a successful resolution.
Punitive damages
Unlike economic and non-economic damages that seek to restore what you have lost, punitive damages do not compensate you for actual losses. Instead, they are designed to punish the at-fault party. In Oregon, they are only awarded when the defendant has acted “with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety, and welfare of others.”
Punitive damages, not part of negotiated settlements, are awarded by courts in only exceptional cases. While it is possible they could be awarded in an accident that did not result in injuries, it is unlikely. Either way, an Oregon car accident lawyer is best placed to investigate your case and advise you on the possibility of receiving punitive damages.
How to Build a Strong Case
To build a strong case for compensation when you have not been physically injured, you will need to gather evidence carefully. Doing so could give you a better chance of receiving the compensation you deserve, but an experienced attorney can help you with this task.
Calculate your losses
Unlike a regular car accident case, you would not have evidence of medical expenses or lost wages to collect if you are uninjured. However, you could still gather the following to prove your losses:
- Bills from vehicle repairs
- Receipts from replacing damaged items
- Expenses from attending therapy or counseling to deal with the emotional fallout from your accident
Gather evidence of liability
Insurance companies may argue that you were partially liable for the accident to try to reduce the amount they have to pay out.
The following evidence could help you prove liability:
- Police reports
- Video footage of the accident
- Photographs of the accident scene
- Eyewitness statements
Photographs of the damage to your vehicle and other property could also strengthen your case.
Seek legal assistance
In all cases, it is prudent to consult a qualified Oregon car accident attorney for legal advice. The attorney can review your case and evaluate its likelihood of success. If the attorney agrees to take on your case, he or she can investigate it and handle negotiations with the insurance company.
It’s Time to Talk to Johnston Law Firm
Even car accidents that do not cause injuries can leave people reeling, with massive property damage bills and severe emotional consequences. At times like this, you need reliable legal advice from an attorney who understands Oregon law and cares about your situation.
The car accident attorneys at Johnston Law Firm have years of experience in fighting for the rights of Oregonians who have suffered losses in car accidents. They can explain your rights and help you evaluate whether hiring a lawyer is your best route to success.
Rest assured, our attorneys will provide legal advice that looks out for your best interests. Find out if you have a case today by calling 503-506-4102 or contacting us online for a free consultation.