Pensacola, FL asked in Car Accidents for Florida

Q: Can I sue a hit & run driver that did not result in injuries?

The incident happened in a Publix parking lot. I have 2 witnesses, a FL State Trooper's Crash Report, & my DashCam video.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: One does not sue someone in civil court if there are no money damages. So, assuming there were no property damages either (your car, for example), it would make no sense to sue. Let the state prosecute criminally.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: As there is no bodily injury, I assume you are asking if you can sue the other driver for physical damage to your vehicle. Of course you can, and if someone else owns the vehicle, you can sue that owner as well. HOWEVER, the normal first step in this situation is to determine if the other driver and/or owner had insurance, and if so, set up an insurance claim, which could result in a settlement of the claim without you needing to sue. Also, there might be other damages directly associated with the vehicle damage (for example, depreciation in value) that may possibly be claimed as well. If the other driver had no insurance, and you had comp/collision coverage on your own insurance, you might want to go that route, though you'd have to pay a deductible (which you insurance co., on your behalf, might go after the other driver/owner for).

Another potential way to recover money for your vehicle damages is if the other driver is prosecuted because it was a hit and run, with the prosecutor seeking restitution. You'd need to talk to the prosecutor about that.

1 user found this answer helpful

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