Car accident statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are useful for predicting trends and understanding the causes behind these incidents, putting you in a better position to protect yourself and your family. So far in 2020, there have been 44,731 total crashes in Miami-Dade County, causing 299 fatalities and injuring 21,018 people. For many victims, the process for recovering monetary damages is not complicated. Obvious damage to the vehicles should convince the at-fault driver’s insurance company that the victim’s injuries were severe.
However, you could encounter significant challenges if you were hurt in a crash in which there were no dents, chipped paint, or scrapes. A no-damage collision makes it more difficult to prove the severity and nature of your injuries, potentially leading to a denial of your insurance claim. While you should always work with a Miami car accident lawyer for any traffic crash, it is especially critical to retain legal counsel under such circumstances. The following information reveals the reasons why.
The Role of Evidence in an Auto Crash Claim
In a motor vehicle accident case, you need to prove:
- The other motorist had a legal duty to drive safely;
- That person breached this duty through careless actions;
- The breach was a direct cause of the accident in which you were hurt; and,
- You suffered losses because of your injuries.
When there was no obvious damage to vehicles, the biggest challenge will be #4. You do not have pictures or other evidence showing the severity and violence of the incident. Whether you are negotiating settlement with the at-fault driver’s insurer or in court, the assumption is that you were not hurt – and so you are not entitled to damages. Victims who sustained soft tissue injuries could also face obstacles, because whiplash, herniated discs, and related harm are not visible.
Other Ways to Prove Your Rights
The description above may be disappointing for victims of accidents with no property damage, but there are strategies for overcoming challenges. These cases always come down to evidence, so you simply need proof other than damage to support your claim. The details depend on your unique circumstances and your lawyer will handle them, but examples include:
- Your medical records, which contain information about the diagnosis of your injuries, surgery or other procedures, recovery, and more;
- Receipts for pain medications;
- Results of X-rays, MRIs, CT scans, and related tests;
- Statements from witnesses who observed the vehicle crash;
- Video from surveillance cameras installed by businesses near the accident site;
- Input and testimony from medical experts who can verify the severity of your injuries; and,
- Many other sources.
Trust a Miami Car Accident Lawyer to Overcome Legal Challenges
If you were hurt in an auto collision with no damage to vehicles, please contact Gerson & Schwartz, PA for help with the claims process. We can set up a free consultation to review your situation at our offices in Miami, Fort Lauderdale, or West Palm Beach.