If I was hit from behind and the guy left when I asked for his insurance, can I sue the guy if I was not hurt and there was no damage to my car?

Asked on November 5, 2011 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What would you be suing him for? The legal system does not provide damages (require someone to pay) just to punish them except in the most egregious cases, such as intentional assault, gross negligence resulting in significant injury, etc. Those sort of punative, or punishing, damages are very rare.

For the most part, the legal system provides compensation for injuries, property damage, and costs. If you did and your property were not hurt, there would no compensation to which you were entitled.

You can report the other driver to the police; perhaps he might face some criminal liability.

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