Not seeking medical attention after accident but now suing for injury

small fender bender, just a scratch, no possible way to be injured, never sought medical attention but is now suing for ”injury” can this be done?

Asked on May 19, 2009 under Accident Law, Maryland


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A person can pretty much decide to sue for an injury regardless of the specifics and the severity of the accident. However even though they start a lawsuit it does not mean it goes anywhere or that they in fact win.

Assuming you have and had valid insurance the insurance company will handle this, they will hire an attorney and you would only be responsible for an award above the policy max which from what it sounds like wouldn't happen

Also there usually is no real case without documented doctors notes so you should call your insurance company if you are concerned and speak to the adjuster handling your case. See what they tell you and go from there but yes a person can start suit even if they in the end have no case

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