If you’ve been injured in a car accident, one of the first questions you’re likely asking yourself is:
“Do I have a case?”
It’s a fair question — and an important one. Not every crash results in a legal claim, but some people who do have valid cases never pursue them simply because they didn’t know their rights. Understanding whether your situation qualifies for compensation depends on a few key factors: fault, injuries, evidence, and insurance coverage.
Here’s a clear, attorney-written guide to help you understand how to determine if you have a case after a car accident.
1. Did Someone Else Act Negligently?
Who was at fault? The foundation of any car accident case is negligence — a legal term meaning someone failed to act reasonably and caused harm.
You may have a case if the other driver:
- Was speeding or tailgating
- Ran a red light or stop sign
- Was distracted (texting, eating, using GPS)
- Was drunk or impaired
- Failed to yield
- Drove aggressively or recklessly
- Fell asleep at the wheel
Even partial negligence by another driver or party may be enough to pursue a claim.
Important:
Even if you think you were partly at fault, you may still have a case.
💡 2. Were You Injured in the Car Accident?
Injury is another major factor. You may have a case if you experienced:
- Neck, back, or shoulder injuries
- Broken bones
- Concussions or head injuries
- Whiplash
- Nerve damage
- Soft-tissue injuries
- Cuts, bruises, or scarring
- Emotional distress or anxiety
Even if you felt “fine” at the scene, symptoms can appear days later. That’s why a medical evaluation is crucial — documentation from a doctor strengthens your claim.
📄 3. Is There Evidence Supporting What Happened?
Evidence can prove what caused the car accident and what injuries resulted from the collision. This can include:
- Photos or videos of the scene
- Police reports
- Witness statements
- Medical records
- Dashcam footage
- Surveillance video
- Vehicle damage photos
- Black box / EDR data
If you didn’t capture any evidence at the time, don’t panic — an experienced car accident attorney can help collect and preserve it.
4. Did You Receive Medical Treatment?
Insurance companies heavily scrutinize medical care. You’re more likely to have a strong case if you:
- Sought treatment right away, or shortly after
- Followed doctor recommendations
- Attended follow-up appointments
- Kept track of symptoms and limitations
Gaps in treatment can harm your case, but they don’t automatically end it. A lawyer can help explain delays or difficulties in access to care.
5. Have You Suffered Measurable Damages?
To pursue a car accident injury claim, you must have compensable damages, which may include:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Cost of rehabilitation or therapy
- Property damage
- Future medical needs
If your injuries affected your work, daily activities, or long-term health, these all strengthen your case.
6. Is There Insurance Coverage?
Most car accident claims are paid through insurance. You may have a case if coverage exists through:
- The at-fault driver
- Your own policy (UM/UIM coverage)
- Employer or commercial policies
- Rideshare insurance (Uber/Lyft)
- Household member policies
- Umbrella insurance
- Rental car coverage
Even when insurance is limited, an attorney may identify additional sources of compensation.
7. When in Doubt, Get Legal Advice
Have you spoken to a lawyer? The easiest way to determine whether you have a valid case is to speak with an experienced personal injury lawyer. Most offer free consultations, during which they evaluate:
- Fault and liability
- The strength of your evidence
- The severity of your injuries
- Your damages
- Insurance coverage
- Any legal or procedural obstacles
A lawyer can tell you quickly whether pursuing a claim makes sense — and how to protect your rights moving forward.
At Glouzgal Law, we help injured clients understand their rights and recover compensation for their medical bills, lost wages, and pain and suffering.
Contact us today for a free consultation and let us determine whether you have a case — before evidence disappears and deadlines pass. Call 203-885-0500.