Can You Sue for a Car Accident in Fort Walton Beach, FL, If You Are Not Hurt?
Paul Brannon | February 28, 2022 | Car Accident
Many people are aware that those injured in car accidents often have the option to sue those responsible. This is especially true if the victim’s injuries were caused by the other party’s negligence.
However, what if you are in a car accident that does not result in injuries? How much can someone sue for a car accident that doesn’t hurt anyone?
Below, we will discuss the factors involved in a car accident claim that does not involve a personal injury. Following a traffic collision, you may wonder, “Should I contact an auto accident lawyer near me?”
In most cases, the answer is yes. It almost always helps to contact an auto accident lawyer — no injury needed.
Someone Totaled My Car — Can I Sue?
When your car is damaged or totaled because of someone else’s actions, you have the legal right to pursue a claim for damages. With the help of a car accident attorney, you can file a claim for the costs of vehicular damages and any damaged property in the car.
In cases where only minor property damage happens, you could file your case in small claims court. But for most other claims, victims should hire a skilled legal professional to seek justice.
Your case will likely start as an insurance claim. Every driver in Florida is required to carry $10,000 worth of property damage liability insurance. If another driver caused your car accident, you can file a claim against their insurance to recover money for the repair or replacement of your vehicle.
If their coverage is insufficient to cover your property damage, you may be able to sue the driver to collect a personal judgment for the costs to repair or replace your vehicle.
Can I Sue If I’m Uninjured?
When a collision victim files an insurance claim to recover damages, the money they can get will depend on the circumstances of the crash.
Some of the most common examples of car crash damages include:
- The cost of medical care
- Compensation for lost wages from missed work
- Compensation for pain and suffering
However, those with no injuries will not be eligible for these payments — at least not in Florida.
Florida has no-fault insurance rules. Every driver in Florida is required to carry $10,000 in PIP (Personal Injury Protection) benefits. An accident victim’s primary source of compensation for medical bills and lost wages after an accident is their own insurance.
Florida law only permits an accident victim to sue another driver if they sustain serious or permanent injuries. Therefore, the state does not allow you to sue for economic damages if you are uninjured.
How to Prove Negligence in a Florida Car Crash Case
When seeking financial compensation through a legal claim, it is vital to build a strong case. Holding another driver responsible for the accident involves proving that they were “negligent.”
Proving negligence in a motor vehicle collision claim requires proving the following:
- The other party owed you a duty to drive safely
- The other party breached this duty of care
- The breach of duty caused the car accident
- You suffered damages
A skilled attorney will review the facts of your claim and help you build the most powerful case possible. By proving that another person’s negligent driving caused your car accident, you can hold the at-fault party accountable for your property damage.
When you sue for a car accident that didn’t result in injury, make sure you hire legal representation that can get you the damages you deserve.
Contact Our Car Accident Law Firm in Northwest Florida
We have two convenient locations in Northwest Florida:
Brannon & Brannon Personal Injury Attorneys – Fort Walton Beach Office
975 Mar Walt Dr
Fort Walton Beach, FL 32547
Brannon & Brannon Personal Injury Attorneys – Destin Office
4507 Furling Ln Suite 214
Destin, FL 32541