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Can I Sue After a Car Accident In Florida If I Was Not Hurt?

In 2020, the Florida Highway Safety And Motor Vehicles recorded a total of 341,331 vehicular crashes. If you suffered any form of injury after a vehicular collision, you know that you are entitled to some form of compensation for your pain and suffering. How about if you were not injured? Can you still sue the at-fault driver?

Yes, you can still sue even if you were not hurt after the car accident. For example, if your car got damaged because of the accident, you could file a property damage lawsuit to cover the cost of repair, which can still be quite expensive. If the accident made you seek medical treatment for emotional distress, you could also ask for compensation for this.

What are Property Damage Claims?

A property damage claim is any case where you sue someone because something of yours was damaged or destroyed. You can do this if someone did not intentionally destroy what you owned, but it happened anyway.

After a car accident, a property damage claim is usually filed with the at-fault driver's auto insurance company, which will pay for the damages. Usually, you need not escalate insurance claims into a lawsuit unless the at-fault driver is uninsured. If this is the case, a lawsuit may be your only option to recover your losses.

It may also be possible to make a claim against another party involved in an accident or even against your own car insurance policy if you are found to be partially at fault for the incident.

Property Damage Claim: How to Build a Strong Case Against the At-Fault Driver?

You need to prove three things to prove that the other party's negligence caused the damages to your property:

  1. Prove that the other driver's actions caused the damage to your property.
  2. Prove that the other motorist demonstrated carelessness before the accident.
  3. Prove that you incurred financial losses as a result of the accident.

To build a strong case against the other driver, you should file an accident report. Reports made by the police who responded to the accident can show who was negligent. You can also collect the following evidence to strengthen your case:

  • Photos and videos of the accident
  • Statements from witnesses
  • Repair bills

What Compensation Can I Recover?

In a property damage claim, you can seek reimbursement for the following expenses:

  • The expenses incurred to repair the damage to your car/vehicle or other properties.
  • The costs incurred to replace your car or other properties.
  • The costs incurred for commuting or riding public transportation while the vehicle was under repair.
  • The costs incurred for renting a car while your damaged car was being repaired.

Apart from these, you should note any other relevant expenses and compile the bills to show proof of your losses.

Should I Settle or Go to Trial?

The at-fault driver's car insurance company will want to settle the case with you as soon as possible. Most car accident claims, especially property damage claims, are settled outside court as this is faster and less expensive.

However, suppose the other party is uninsured, or their insurance company is adamant and doesn't want to compensate you for your losses. In that case, you might have to escalate the case into a lawsuit. If you do, you need to prove to a judge why the other party is at fault and why you should be compensated for the property damages and losses you incurred because of the accident. 

Should I Hire a Personal Injury Lawyer If I Was Not Hurt?

Although it is often unnecessary, hiring a car accident lawyer in Plantation, Fl, has many advantages. An experienced car accident attorney can help you

  • gather evidence
  • compute your damages
  • strengthen your claim
  • negotiate with the other party's insurance company
  • represent you in court, and
  • protect you from dirty tactics designed to make you settle for less than the compensation you deserve

How Much Will My Car Accident Claim Be If I Was Not Injured?

You will be paid based on the total amount of accident-related expenses to property damage you incurred. It's also possible to receive compensation for the emotional suffering you experienced after the ordeal.

Where to get a car accident lawyer in Plantation, Fl?

If you were involved in a motor vehicle accident and need help, ask us, and we will answer all your questions and aggressively represent you and your loved ones.

Our excellent lawyer, Rafael Gonzalez is known in the community to provide reliable, trustworthy answers, aggressive legal representation, and affordable legal services. He has over 20 years of experience representing accident & injury victims in and around Plantation, Florida. Attorney Rafael Gonzalez offers free legal assistance with no obligation. All consultations are completely confidential and you pay absolutely nothing out-of-pocket. 

You NEVER PAY unless YOU GET PAID. Our no-win, no-fee personal injury lawyers specialize in the following areas:

Understand your legal rights when you are involved in a car accident. Then, please schedule a FREE case evaluation or contact us at 954-961-5100 for more information or discuss your free consultation. We speak English and Spanish.

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Meet Atty. Rafael Gonzalez

Attorney Rafael A. Gonzalez received his Juris Doctorate from the University of Miami School of Law. 

While at the University of Miami, Mr. Gonzalez earned a judicial clerk position with the Honorable Judge Shelley Kravitz of the County Court House for Miami Dade County and took part in one of the largest product liability litigation cases in the United States. The case, Engle v Liggett, was against tobacco companies and resulted in a 145 billion dollar award to the plaintiffs. 

Mr. Gonzalez earned his stripes working with firms in Downtown Miami and Hialeah, Florida as a civil attorney. In 2010, Mr. Gonzalez joined forces with other civil litigators as a partner in the law firm of Freeman, Mallard, Sharp and Gonzalez specializing in motor vehicle accidents.

Read more about him here.
October 31, 2021
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