Can You Sue Someone for a Car Accident Without Injury?

Car accidents can cause more than just physical harm—they often lead to financial losses, emotional distress, and property damage. If you’ve been involved in a crash in New Mexico and are wondering, “Can you sue someone for a car accident without injury?” the answer is yes, in certain circumstances. While personal injury lawsuits typically involve physical harm, you may still have legal grounds to seek compensation for other damages. At Parnall Law, we help victims of car accidents understand their rights and pursue the compensation they deserve.

Steps to Take After a Car Accident

Even if you don’t suffer physical injuries, taking the right steps after a car accident is crucial for protecting your legal options:

• Report the Accident: In New Mexico, you must report a crash to law enforcement if it results in property damage over $500 (NM Stat § 66-7-206). A police report can serve as valuable evidence.
• Gather Evidence: Take photos of vehicle damage, road conditions, and any relevant traffic signs.
• Exchange Information: Collect contact and insurance details from the other driver and any witnesses.
• Seek Medical Evaluation: Some injuries, such as whiplash or internal trauma, may not appear immediately.
• Contact an Attorney: Legal guidance can help you determine whether you have a claim for damages beyond bodily injury.

Can I Sue for a Car Accident Even if I’m Not Injured?

Yes, you may still have a valid claim. In New Mexico, you can sue for damages beyond physical injuries, including property damage, lost wages, and other financial losses. If another driver was at fault, you might be able to file a lawsuit under the state’s comparative negligence rule (NM Stat § 41-3A-1), which allows victims to recover compensation even if they are partially responsible for the accident.

Potential legal claims may include:

• Property Damage: Repair or replacement costs for your vehicle.
• Diminished Vehicle Value: Compensation if your car loses resale value due to the accident.
• Lost Wages: If the accident caused you to miss work, you could recover compensation for lost income.

Can I Sue for Emotional Distress?

Yes, emotional distress claims are possible, but they can be challenging to prove. New Mexico law allows victims to recover compensation for mental anguish, anxiety, or trauma resulting from an accident. However, proving emotional distress typically requires:

• Medical documentation from a therapist, psychologist, or doctor.
• Witness testimony to confirm behavioral or emotional changes.
• Evidence of life disruptions, such as an inability to work or perform daily activities.

In some cases, New Mexico courts recognize negligent infliction of emotional distress (NIED), where a person can sue if they witnessed a traumatic accident involving a loved one.

What Damages Can I Recover from a Car Accident?

Even if you weren’t physically injured, you may be entitled to recover various forms of damages, including:

• Property damage: Costs to repair or replace your vehicle.
• Loss of use: Compensation for rental car expenses while your car is being repaired.
• Diminished value: If the accident lowers your vehicle’s resale value.
• Lost wages: If the accident caused job interruptions or business losses.
• Emotional distress: Compensation for anxiety, stress, or trauma linked to the crash.
• Punitive damages: In cases involving gross negligence, such as reckless driving or DUI, courts may award punitive damages to punish the at-fault party.

New Mexico follows at-fault insurance laws, meaning the responsible driver’s insurance company is generally liable for covering damages. However, insurance companies often minimize payouts, so consulting a car accident attorney can help ensure you receive fair compensation.

What Information Do I Need to File a Lawsuit?

To build a strong case, you will need detailed documentation of the accident and its impact on your life. Essential evidence includes:

• Police Report: An official record of the accident.
• Photographs/Videos: Visual evidence of vehicle damage and accident conditions.
• Witness Statements: Testimony from bystanders or passengers.
• Repair Estimates & Bills: Documentation of the costs associated with fixing your car.
• Medical Records (if applicable): Even without a physical injury, records from a mental health professional can support an emotional distress claim.

The statute of limitations for filing a car accident lawsuit in New Mexico is three years for personal injury claims and four years for property damage claims (NM Stat § 37-1-4, 37-1-8). Acting promptly ensures that evidence remains intact and your case remains valid.

Need Legal Guidance? Contact Parnall Law Today

If you want to know if you can sue someone for an accident in a car without an injury. Know that the answer depends on the details of your case. Car accident claims are a huge part of our practice at Parnall Law. Contact us today at (505) 268-6500 for a free case consultation.