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.

Related Topics:
2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • 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
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.