Can I File a Compensation Claim for a Low-Impact Collision?
Can I File a Compensation Claim for a Low-Impact Collision?
Posted on behalf of Arnold Law Firm
on August 10, 2022 in Auto Accident Updated on June 2, 2023
Many car accidents can leave a lasting impact on the people involved, no matter how minor they may seem. That is why it is important to discuss your crash with a licensed attorney. Even low-impact crashes can cause significant injuries and you may be eligible to seek compensation for damages you suffer.
The insurance company may try to deny or devalue your claim due to the nature of the accident, but our licensed Sacramento car accident lawyers are prepared to help you fight back and recover compensation for medical bills, pain and suffering, and other damages.
Below, we discuss the dangers of low-impact collisions and the excuses often made by insurers who deny these types of claims.
What is Considered a Low-Impact Collision?
A low-impact collision is one that occurs when a vehicle is traveling less than 10 miles per hour. These types of crashes are sometimes called fender benders, as the damage to the vehicles is often minimal. Low-impact collisions generally occur in heavy traffic when vehicles are closer together than usual.
Drivers in heavy traffic can become more easily distracted by their cellphones or car radios, resulting in a collision with another vehicle. Heavy traffic also causes drivers to cut others off, increasing the chances of a collision at low speeds.
What Makes Low-Impact Collisions Dangerous?
One thing that makes low-impact collisions dangerous is how easy it can be to dismiss the notion that they can result in serious injuries. A person may think he or she is not injured because the damage to his or her vehicle is minor but that could not be farther from the truth.
A jolt of any kind, even a small one, can seriously affect the human body, especially certain vulnerable areas such as the neck and head.
Low-impact crashes often result in injuries like whiplash that requires several weeks of physical therapy to reduce discomfort and improve mobility. Depending on where the impact occurred on a vehicle, a person’s head may be forcefully pushed into a window, potentially resulting in a concussion. While some concussions may be less serious than others and do not often result in long-lasting damage, they can still be dangerous injuries.
A person cannot know the extent of his or her injuries until receiving proper medical care, so it is important that victims of these minor accidents get to a doctor as soon as possible.
What Compensation May Be Available for a Low-Impact Crash?
As the victim of an accident caused by someone else’s negligence, you have the legal right to pursue compensation for all your damages, no matter how minor they may appear to the liable party. This means victims of low-impact collisions may be able to pursue economic and non-economic damages from an at-fault driver.
Economic damages encompass anything that must be paid for, like your medical bills or the time lost at work due to your injuries, including the days you need to take off work to go to a doctor’s appointment. Even if you suffer a minor injury due to the low-impact collision, you still need to get proper treatment. This costs money, so you may be eligible to recover compensation for your doctor’s visits or any other costs associated with treatment.
Although recovering non-economic damages for a low-impact collision may be more difficult, it does not mean you are ineligible. Discomfort from a whiplash injury, for example, can be categorized as pain and suffering damages. You may also be able to recover compensation for pain and suffering for minor scrapes, bruises or strained ligaments.
What if the Insurance Company Denies My Claim?
The insurance company is most likely going to try to deny or devalue your low-impact auto collision claim by arguing you did not suffer an injury due to the nature of the crash. They will try to say that because there was little damage to your vehicle, or perhaps no visible damage, you are only filing a claim to get money from them.
Even if the damage to your vehicle is minor, it does not mean you were unharmed in the collision. Remember that you may not know the extent of your injuries, and therefore your damages, until you are treated by a doctor.
Therefore, if the insurance company tries to deny your claim on this basis alone, you may be able to appeal the denied decision or file a lawsuit with help from an attorney.
Call Arnold Law Firm
Our experienced attorneys have successfully recovered millions on behalf of our clients by negotiating with insurance companies and taking cases to court when necessary. If you are being denied compensation for your injuries after a low-impact crash, call us today to discuss your legal options.
The consultation is free and there are no fees while we work on your case.
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