Can You Still Have a Personal Injury Case If There Was Little Damage to Your Car?

Can You Still Have a Personal Injury Case If There Was Little Damage to Your Car?

After a car accident, it is easy to assume that the amount of damage to the vehicle determines how serious the accident was. If your bumper has only a small dent or your car looks relatively intact, you may wonder whether you could still have a personal injury case.
The short answer is: potentially, yes.
Minor vehicle damage does not automatically mean that the people inside the vehicle were not injured. If you were hurt in a car accident in Brooklyn, New York City, or elsewhere in New York, the circumstances of the collision, your injuries, your medical documentation, and applicable New York law can all be important in determining your legal options.
At Gelbstein & Associates, we believe accident victims should understand their rights before making assumptions about their case based solely on how their vehicle looks.
Vehicle Damage and Physical Injuries Are Two Different Issues
One of the biggest misconceptions after a car accident is that a badly injured person must have been in a badly damaged vehicle.
The human body and a vehicle do not necessarily react to an impact in the same way.
A bumper may show relatively limited visible damage while an occupant experiences a sudden movement of the head, neck, back, shoulder, or another part of the body. Some injuries may also not be immediately obvious at the accident scene.
This is why the appearance of your vehicle should not be the only factor considered when evaluating injuries following a collision.
Can You Be Injured in a Low-Impact Car Accident?
Yes. Injuries can occur even when a collision does not leave a vehicle looking severely damaged.
Depending on the circumstances, people involved in car accidents may experience symptoms involving the neck, back, shoulders, knees, or other parts of the body. Some people notice pain immediately, while others may not recognize symptoms until later that day or in the days following an accident.
If you experience pain or other concerning symptoms after a collision, consider seeking appropriate medical attention. Your health should come first, regardless of whether your vehicle has a crushed front end or what appears to be only a scratched bumper.
What Does New York Law Say?
New York has a no-fault automobile insurance system. New York’s Insurance Law provides first-party benefits for qualifying basic economic losses resulting from injuries arising from the use or operation of a motor vehicle.
New York law also establishes a “serious injury” threshold for recovering non-economic damages, such as pain and suffering, in covered motor-vehicle cases. Whether an injury meets the applicable legal requirements depends on the specific facts and medical evidence involved.
Importantly, the law does not simply say that a person cannot have a personal injury claim because his or her vehicle sustained only minor property damage.
That distinction matters.
Don’t Let a Photograph of Your Car Tell the Entire Story
Insurance companies may focus on photographs showing limited vehicle damage when evaluating a claim. But photographs of a bumper cannot, by themselves, tell the complete story of what happened to the person sitting inside the vehicle.
A personal injury case may involve evidence such as:
• Medical records and diagnostic testing
• Physician findings and treatment records
• Photographs and videos from the accident scene
• Police reports
• Witness statements
• Dashcam or surveillance footage
• The circumstances and mechanics of the collision
• Evidence regarding how the injuries affected the person’s daily activities and ability to work
Every accident is different, which is why a claim should be evaluated based on its individual facts rather than simply the repair estimate for the vehicle.
What If the Insurance Company Says, “There Was Barely Any Damage”?
Do not assume that an insurance company’s position is the final word on your potential claim.
An insurer may question whether an injury was caused by an accident, particularly when photographs show relatively little vehicle damage. That makes medical documentation and other evidence surrounding the collision especially important.
If there is a dispute over the nature or cause of your injuries, a New York personal injury attorney can review the accident, medical documentation, insurance information, and other available evidence and explain the legal issues that may apply.
Gelbstein & Associates represents people injured in car accidents and other personal injury matters in Brooklyn and throughout New York City. Our attorneys can evaluate the circumstances rather than simply looking at the damage to the vehicle.
What Should You Do After an Accident With Minor Vehicle Damage?
Even when an accident seems minor, take it seriously.
Document the scene when it is safe to do so. Photograph the vehicles, their positions, the surrounding roadway, traffic signs, and any visible damage. Exchange the necessary information with the other driver and obtain information from witnesses when possible.
Most importantly, pay attention to how you feel after the accident. If you develop pain or other symptoms, seek appropriate medical attention and explain to the medical provider that you were involved in a motor vehicle accident.
You should also preserve accident-related documents, photographs, medical records, repair estimates, insurance correspondence, and other information that may later become important.
A Small Dent Doesn’t Necessarily Mean a Small Injury
The damage to a car and the injuries suffered by the people inside it are not necessarily the same thing.
If you were injured in a Brooklyn or New York City car accident and are concerned that the limited damage to your vehicle could affect your claim, speak with an attorney before assuming you do not have a case.
Gelbstein & Associates can review the circumstances of your accident and help you understand your options under New York law.
Injured in a New York Car Accident? Contact Gelbstein & Associates
If you or a family member was injured in a car accident in Brooklyn, New York City, or elsewhere in New York, contact Gelbstein & Associates to discuss your situation.
Call: 855-LAW-24-07
Visit: gelbstein.com
Gelbstein & Associates — helping New Yorkers understand their rights after an accident.