Do I have any legal recource in an auto accident if I was not injured?

Question

I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the  other driver from this accident?

Jared Altman · Answer

No. I don't think so.

Paul Samakow · Answer

No,  you have no claim against the other driver.  If you had a claim,   it would be for injuries.  As you had no medical care, it would be   difficult to establish an injury occurred.  Your employer can fire you   at any time for any reason, as long as it is not discriminatory.  So,   sorry my friend, no claim here.

Michael Sgarlat · Answer

If you can't prove damages then you don't have a claim.

Mark Leonardo · Answer

You get to sue for damages proximately caused by someone elses negligence.  You had minor pain and inconvenience, which is worth a nominal amount.  It would probably be difficult to prove you were laid off because of the accident because your employer probably wont admit to that being the reason.  They will probably cite to economic times.  Its also probably a difficult task to claim damages for getting fired for an accident in which you were not at fault and the other guy was at fault.  If you had loss of earnings because you could not work because of an injury, that would be compensable.  But losing your job would be a huge leap.

David Stoddard · Answer

You can recover whatever damages for your stiff neck, which would be very little since it apparently resolved without medical treatment.  It probably would not be worth pursuing.  I do not think you can recover for being laid off or having difficulty finding a job.

Thomas Bulman · Answer

Sounds like something else is retarding your return to work.  Maybe your old boss is blackballing you as a reference.  Leave him off the list and keep trying.  With Obama, your should have unemployment coverage for years.  If he is beaten, a republican president will put you back to work.  Vote republican if you want a job.

Paul Whitfield · Answer

Don't understand the question. If you are not at fault, what is the issue ? If prospective employers see you were involved in an accident (altho not at fault) you are saying they refuse to hire you because of that?  And you then want to sue the other driver because of your employment or lack of it? sue the other driver for the small neck pain but as far as the other is concerned first of all how do you [prove it? and if you can prove it  don't think a court would consider that as damages.

Steven D. Dunnings · Answer

No and if you were not at fault, what evidence do you have that you are not being hired due to the accident.

Bruce Elliott Goodman · Answer

Assuming that the other driver was at fault as you stated, you would have a cause of action for your minimal injury. However, the layoff would not be considered as damages in this case as your layoff was not the result of the other driver's negligence.

Bernard Huff · Answer

You should at least consult with a plaintiff's accident or personal injury attorney to see if you are entitled to any compensation even though you did not seek any medical treatment for your pain, discomfort and other inconveniences.

Andrew Velonis · Answer

No, the damages you have suffered are "remote and consequential".  Only immediate damages are considered.

James Kelaher · Answer

In Florida, before you can collect for non-economic damages, you must meet a no-fault threshold, which is death, significant and permanent scarring, a permanent injury within a reasonable degree of medical probability or a permanent impairment of an important bodily function. Since it doesn't seem as though you'll meet any of those thresholds, the only damages you can collect are economic. If your boss will testify the reason you were fired was because of your involvement in the accident (which doesn't make sense if you weren't at fault) then you can always try to collect from the other driver's insurance for your economic damages......but I wouldn't bet on getting anything.

Michael Heilmann · Answer

No. MI requires a serious impairment of bodily function in order to bring a suit. Good luck.

Stephen Lombardi · Answer

Answer: Well no. In every personal injury action, which the law calls a   "tort" you need four things before you are allowed to sue and to proceed.    1. A duty. 2. A breach of the duty. 3. Damages. 4. Your damages need to be proximately caused by the negligence of the   "tortfeasor" the wrongdoer.    In your case you are simply missing 3 and 4. You have no damages and   therefore no damages were proximately caused by the wrongdoer.

Kenneth Wincorn · Answer

You may if you can quantify the losses you suffered. It will be difficult and possibly expensive.

William Spern · Answer

An accident that was not your fault. You should get a copy of the police report and give copies to any future employers.

Irving Blank · Answer

Not unless you can prove that he is the reason that you got laid off and cannot get a job, which will be very hard to prove.

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Do I have any legal recource in an auto accident if I was not injured?

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