Should my son get a settlement if he wasn't physically injured in accident?

by Cindy
(Nevada )

My son and I were involved in a car accident that was the other driver's fault. She struck our vehicle while we were stopped at a light. My son suffered emotional stress, but no physical injury. Is my son entitled to an insurance claim with no injury?

I was advised that since he was involved in the accident he should be included in the claim. But the insurance company has not filed him under any of the paperwork to settle my claim? If my son isn't included in the paperwork, is the insurance company at fault for disregarding him? How should this work? Thank you.

Visitor Question:
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ANSWER for "Should my son get a settlement if he wasn't physically injured in accident?":

Cindy (Nevada):

Without any injuries other than emotional distress, your son likely doesn't have a legitimate personal injury claim.

Insurance companies compensate victims of car accidents (occurring as result of the negligence of their insured) on injuries sustained, lost wages, out of pocket costs (for such items as medications, bandages, crutches, etc.), and for pain and suffering, also referred to as emotional distress or mental anguish.

From the facts you present, fortunately your son wasn't physically injured. While there's no doubt that he suffered some emotional distress, in and of itself it's not compensable.

The State of Nevada is not a "no-fault" insurance state. It is a "3rd party liability" state. Unlike no-fault states, where those injured in a car accident turn to their own insurance for compensation, in 3rd party liability states victims have the legal right to pursue the at-fault driver for injuries and resulting damages.

If your son did suffer physical injuries, be sure he is thoroughly evaluated by a doctor. Then speak with a personal injury attorney in your area. Most reputable injury attorneys offer a free consultation to review the merits of a case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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