Yes, in Illinois, you can sometimes file a lawsuit after a car accident even if you were not physically injured. However, your options are usually limited to recovering economic damages rather than non-economic damages like pain and suffering. If another driver caused the crash, you may still be able to pursue a Chicago car accident claim for things like property damage, rental car costs, and out-of-pocket expenses. However, without a physical injury, the scope of damages available under Illinois law is generally narrower.
Illinois follows a fault-based system for car accidents. This means the driver who caused the crash is responsible for paying for the losses that result from it. Those losses do not always have to involve bodily harm. If your vehicle was heavily damaged or you incurred other financial setbacks, you may still have a valid legal claim.
What Types of Losses Can Be Recovered Without an Injury?
When there are no physical injuries, most claims focus on economic losses tied directly to the crash. These claims are often handled through insurance, but a lawsuit may be necessary if the insurer refuses to pay fairly.
You may be able to recover compensation for:
- Vehicle repair or replacement costs
- Towing and storage fees
- Rental car expenses while your vehicle is unusable
- Damage to personal property inside the car
- Other documented out-of-pocket expenses related to the crash
These claims can still be worth substantial amounts in some cases, so it’s still well-worth looking into your legal options.
How Does Fault Impact My Ability To File a Claim?
Illinois uses a modified comparative fault law. Under this system, you can recover damages only if you are less than 51% responsible for the accident. If you share some of the blame, your recovery may be reduced in proportion to your level of fault.
For example, if you were found 20% at fault for the crash, your total recovery would be reduced by that same percentage. If you are 51% or more at fault, you may be barred from recovering compensation altogether.
With this framework in mind, proving how the accident happened remains important even in cases that do not involve injuries. Various forms of evidence can all play a role in establishing liability, such as eyewitness statements, photos and videos, expert analysis, and more.
When Does Filing a Lawsuit Make Sense?
Many non-injury car accident claims in Chicago are resolved through insurance negotiations. Still, there are situations where filing a lawsuit may be appropriate. This can happen if, for instance, the at-fault driver denies responsibility or if your financial losses exceed your available insurance policy limits.
A car accident lawsuit in Chicago can provide a formal process to establish fault and seek the full value of your economic damages. The law still intends to make you whole again after a car accident that wasn’t your fault, with or without an injury.
Contact a Car Accident Lawyer With Meyers & Flowers for Help
If you were involved in a car accident in Illinois but did not suffer physical injuries, you may still have legal options available to you. Contact Meyers & Flowers today at (630) 576-9696 or message us online for a free consultation. We can review the facts of your case and advise you on what you should do next at that time.