People who were injured in a car accident due to another’s negligence generally file a claim with the other driver’s insurance company to get reimbursed for their medical bills. But, many people often wonder if they can still collect damages if they do not suffer physical injuries in a crash. While it is possible to receive compensation for other damages, you should consult with an experienced lawyer to determine the best course of action for your case.
Our Chicago car accident attorneys at Staver Accident Injury Lawyers, P.C. have years of experience helping car accident victims, and we can discuss your legal options. Call us today at (312) 236-2900 to schedule a free consultation with a knowledgeable Chicago personal injury law firm.
While you may have been able to escape your car accident without suffering physical injuries, your car might not have been so lucky. It’s common to walk away from a car accident that severely damaged your automobile. It could take weeks to repair, or the insurance company might total your vehicle. In either case, you may be left without transportation for a while.
You are entitled to compensation to have your car repaired or to get money for a new car, if necessary. Because you were not at fault for the accident, the other driver’s insurance company will be responsible for paying your settlement to cover your costs. This includes car repairs, new car costs, or fees for renting a car temporarily.
While you may not have been physically hurt, a car accident can be a traumatic event, and you may have been afraid you were not going to live through it. Stressful incidents like these can take a toll on your emotions, leaving you feeling anxious and frightened. Emotional stress can affect your health leading to trouble sleeping or eating or feeling afraid to leave the house, go to work, or step out of your bedroom.
Emotional stress, known also as pain and suffering, is just as damaging as physical pain and should be taken just as seriously. You might need to see a therapist and possibly get prescribed medication to help you sleep or alleviate your depression and anxiety. If this is the case, you should get reimbursed for items like your therapy bills or pharmaceuticals. Be sure to keep copies of all bills related to recovery from your pain and suffering, so you can add it to your settlement claim.
Car insurance companies care more about holding onto as much money as possible rather than giving car accident victims fair compensation. Because you weren’t injured, an insurance adjuster may see an opportunity to offer a lower settlement. It is important to remember that it’s perfectly fine to negotiate with them if the first offer is too low. If you’re worried about negotiating your settlement, you should consult a lawyer who will do so on your behalf.
Beyond physical injuries, Illinois personal injury law lets crash victims recover for several other categories of harm. If another driver caused your wreck, you can pursue a claim for property damage, emotional distress, and the loss of a spouse’s or family member’s companionship even when the ER never wrote you up. Below are the case types we see most often when a client comes in saying they were not physically hurt, plus the comparative fault rule that quietly shapes every Illinois claim.
Even with no physical injury, the crash that totaled your car still cost you money. The at-fault driver’s insurer is responsible for repair costs, the actual cash value of a totaled vehicle, a rental while yours is in the shop, and diminished value (the resale hit a “fixed” car takes after a major collision). Adjusters often start low, especially when there are no medical bills to anchor the claim. Before signing anything, look at what to do when an insurer plays hardball after a Chicago crash and read your policy for gap coverage if you owe more than the totaled car is worth.
Illinois recognizes negligent infliction of emotional distress, and pain and suffering damages can be claimed in connection with a crash even without a documented physical injury, particularly when a near miss caused a real psychological reaction. Common evidence includes therapist or counseling records, a primary care provider’s notes about new sleep or anxiety symptoms, prescriptions for anti-anxiety medication, and statements from family and coworkers about changes in your behavior. Document everything: keep your appointment receipts, write down nightmares or panic episodes the same week they happen, and save any communications where you discuss the crash with your doctor.
If you were the spouse, parent, or (in some cases) child of someone who was physically injured in the crash, Illinois recognizes a separate cause of action called loss of consortium. It compensates for the loss of companionship, services, and intimacy that follows a serious injury to a loved one. The claim is technically separate from the injured person’s case and has its own value, which is why it gets missed when families try to handle a claim without a lawyer. For more on what this looks like in Illinois, see our overview of an Illinois loss of consortium claim.
Illinois follows a modified comparative negligence rule with a 51% bar (735 ILCS 5/2-1116). If you are 50% or less at fault, you can still recover, but your award is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing. This matters even in low-impact or “no injury” crashes because insurers often try to assign you partial blame, especially in rear-end disputes, lane-change collisions, and intersection wrecks, to shrink the property damage and emotional distress payout. Read more about how Illinois’s modified comparative negligence rule affects your settlement before you accept any percentage the adjuster assigns.
These are the questions Chicago drivers ask us most often when they call after a crash and tell us they were not physically hurt. Each answer is short on purpose; the body of this article goes deeper.
Yes. In Illinois you can pursue a claim against an at-fault driver for property damage, emotional distress, and (if a loved one was hurt in the same crash) loss of consortium even when you have no physical injury. You will need evidence of fault and of the specific harm you are claiming.
The most common categories are vehicle repair or replacement, diminished value, rental car costs, emotional distress and pain and suffering, and loss of consortium for a spouse or close family member injured in the same crash.
Document everything contemporaneously: therapy or counseling records, primary care notes about new anxiety or sleep issues, prescriptions, and statements from family or coworkers. Keep a journal of nightmares, panic episodes, and missed activities so the timeline is clear.
Yes. A property damage only claim against the at-fault driver’s insurer covers repair costs, total loss value, rental while yours is being fixed, and diminished value. You can negotiate or hire a lawyer to negotiate on your behalf if the first offer is too low.
Yes. Illinois’s 51% bar applies to every car accident claim. Even on a property damage or emotional distress only claim, the at-fault driver’s insurer can assign you a percentage of fault, and your recovery drops by that percentage. You are barred entirely if you are found 51% or more at fault.
Even if you were not physically hurt in a car accident, you may still have the right to compensation. Damage to personal property or emotional stress can be costly, and when they are the result of another person’s negligence, they should not be your problem.
Before talking to the insurance company, you may want to consult a lawyer about your situation. Our personal injury attorneys in Chicago, IL serve clients throughout the Chicago area, including Aurora, Elgin, Hinsdale, Joliet, Naperville, and Waukegan.
Contact us today at (312) 236-2900 or fill out our online contact form to schedule a free case consultation.
When you’re fighting for maximum compensation, we know what it takes to get it.
