Visitor Question

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

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Cindy,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 17, 2016

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Comments

One thought on “Should my son get a settlement if he wasn’t physically injured in accident?

  1. I was rear ended in an auto accident a month ago. I was stopped waiting to turn into a private driveway, when the other car hit me at full speed. My daughter and mother were in the car as well, but they were not injured. I was 5 months pregnant at the time and my blood pressure plunged from the shock and I could not get out of the car. The paramedics arrived and they took me to the maternity ward to run a myriad of tests on my baby and make sure everything was ok.

    The police report said I was at fault for making a left hand turn against a double yellow line. However, I looked up the code they said I violated, and in California, this turn is legal when turning into a private road or residence, when turning into an intersection, and even to make a u turn.

    My insurance company and the other driver’s insurance company has agreed that I am not at fault, despite what the police report says. A local Personal Injury firm will not take my case unless I get the police report amended, and the officer has avoided returning my calls for several weeks.

    Aside from having to go to the hospital, I suffered a lot of stress and worry about my unborn child, and even more stress because of the stress. I noticed an increased in cramping and contractions, which I mentioned to my doctor. Do I have a case here to pursue a personal injury settlement? I have yet to reach out to the other insurance company.

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