Q: Can I sue for mental or physical distress resulting from an motor vehicle accident when no liability ins. other driver?
I live in Florida. The law firm I tried to hire said the driver had no liability insurance and will drop us. They said to try small claims court. We are being treated for back and body injuries- nothing major. We feel like the other driver is getting off scott free because he decided not to carry liability. What can we sue for if our insurance is presently covering our medical fees and the car will be totaled? If so, what amount is reasonable?
A: In Florida, a permanent injury is required to be entitled to pain and suffering related damages. You have a legal case to pursue; however, without insurance, it may be challenging down the line to collect anything from the at fault driver or at fault owner. It is unfortunate that the other driver / other vehicle owner did not have bodily injury liability insurance. Good luck.
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