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Usually, no, you can’t file a lawsuit if you didn’t sustain serious physical injuries due to another driver’s negligence. Florida is a no-fault state for car accidents; all drivers are required to carry a Personal Injury Protection (PIP) insurance plan, which covers their medical bills and other losses in a wreck. The only exception to this is if someone sustains serious bodily injury, as defined by the state, in the wreck. If you were able to walk away from a crash with just a few bruises, then any lawsuit you file will likely be dismissed.
That being said, you may still be able to recover compensation for extensive property damage by filing a claim against the at-fault driver’s insurance, but these cases can be tricky. An experienced West Palm Beach car accident lawyer can help you understand your rights under the law and initiate legal action if necessary.
When can I file a car accident lawsuit?
Florida limits the circumstances under which you can sue for a car accident caused by someone else’s negligence. Usually, only plaintiffs who sustained a serious permanent injury can file a lawsuit. The state defines “serious permanent injury” as one (or more) of the following:
- Loss of a bodily function
- Scarring and disfigurement
- Spinal cord damage
- Multiple broken bones
You may be able to secure compensation for property damage without filing a lawsuit, though, by filing a car accident claim with your PIP carrier, your auto insurance carrier, and possibly the at-fault driver’s insurance company.
Whether you can recover the full amount you spent on your vehicle repair or replacement, though, depends on the terms of the insurance policy. If you’re unsure whether your situation qualifies, you may need to file a car accident claim to begin the process.
What if my car repair costs exceed the insurance policy?
In these cases, your car accident lawyer may be able to help you file a claim against the at-fault driver. Florida requires drivers to carry a minimum of $10,000 in property damage coverage; if you drive an expensive car, or if you were in a serious accident, like a T-bone or head-on collision, your vehicle repair costs may exceed the minimum coverage required by Florida law.
Some drivers carry additional coverage, which prevents them from being held personally liable for damages in a crash.
How can a car accident lawyer help me after a crash?
Don’t make the mistake of thinking that just because you cannot sue if you’re not seriously injured, a car accident lawyer can’t help you. In fact, there is a lot that an attorney can do, especially if you need to file a claim with the other driver’s insurance company.
Your attorney can build a strong case proving that the other driver was negligent and that their negligence caused the wreck. They use evidence such as your auto body estimate, the police report that shows how the wreck happened (and usually contains an officer’s narrative explaining who they believe is responsible), and evidence of your lost wages if you missed time after the wreck due to a lack of transportation.
If your mental health suffered as a result of the crash, you may be able to claim compensation for emotional distress, too. Insurance companies rarely offer compensation for emotional distress unless pushed to do so through legal action. A good lawyer can help you negotiate fair compensation for non-medical bill losses on your behalf. They know what your case is truly worth, and can help you avoid lowball settlement offers.
No injuries, but still need help? Here’s what to do next
Do you need help securing fair compensation after a car crash? Our personal injury lawyers can help you file a claim to cover the costs of repairing or replacing your vehicle. Even if you weren’t physically injured, you may still be entitled to compensation for emotional distress, lost wages, and other financial impacts. Call (561) 655-1990 today for a free consultation with Lytal, Reiter, Smith, Ivey & Fronrath.