If you have been involved in a car accident and are lucky enough to walk away without physical injuries, your car might not be as fortunate. Damage can range from minor scrapes and dents to major structural issues or even total loss. This can lead to questions about whether you can pursue legal action against the at-fault driver. Please continue reading to learn more about important considerations in these cases and how our dedicated Manatee County Auto Accident Lawyers can assist you in navigating these difficult times.
How Does Florida’s No-Fault System Work?
Florida, like most states, operates under a no-fault insurance system. This means that when a collision occurs, drivers can file a claim with their own insurance company for medical expenses and lost wages, regardless of who was at fault for the accident.
Motorists in Florida are required to carry a minimum of $10,000 in Personal Injury Protection and Property Damage Liability (PDL) insurance. PIP doesn’t cover damage to your vehicle. However, PDL covers damage you cause to another person’s property. You should note that while this is the legal minimum, it may not be enough to cover the full cost of damages resulting from a serious accident. As such, it’s advisable to consider acquiring higher coverage limits to adequately safeguard your assets in case of a significant accident.
Can I Sue Someone for Damage to My Vehicle if I’m Not Hurt?
Even without injuries, you can still seek compensation for your vehicle damage in Florida by filing an insurance claim and potentially pursuing a lawsuit against the at-fault party if necessary. If you successfully obtain $10,000 from the at-fault party’s insurance company, this may not be sufficient to cover the full extent of your vehicle’s damages.
To recover compensation in a property damage claim, you must demonstrate that the other driver was negligent and caused the accident. This typically involves collecting evidence like police reports, photos of the damage, and witness statements. In the unfortunate event that the insurance company denies your claim or if the other driver’s insurance is insufficient to cover the full extent of damages, you may need to take legal action.
When filing a property damage claim in Florida, you can seek compensation for the cost of repairing your vehicle or replacing it if it’s been totaled. This can also include “loss of use” if you rented a vehicle during repairs, or “diminished value” if your car’s resale value has decreased due to the accident.
Under the state’s comparative negligence law, your compensation may be reduced by your assigned percentage of fault. For instance, if you are found 40 percent responsible for the crash, you may only recover 60 percent of your property damage. However, if your percentage of fault is more than 50 percent, you will face the absolute bar of recovery.
For more information, please don’t hesitate to contact an attorney at Becker & Lindauer, LLC. Our legal team is prepared to help you fight for the compensation you deserve. Connect with us today to schedule a consultation.
