Can You Sue for a Miami Car Accident If You Are Not Hurt?
November 23, 2021 | Sagi Shaked
When someone files a lawsuit after a car accident, it’s because someone was injured in the crash. However, there is no rule that says you must be injured to file a lawsuit.
This doesn’t mean that you can file a frivolous lawsuit, though. Instead, individuals might need to sue for a Miami car accident when they incurred property damages that the insurance company will not pay for.
The at-fault party may have been driving for a rideshare service, for instance. If they were not carrying the proper type of insurance for that service, their insurance company may refuse to pay for your damages, even if their driver was at fault.
Likewise, you might have had items in your car that were more valuable than the insurance company is willing to account for under the coverage. If they decide not to compensate you for the value of those items, you may want to sue the other party.
For this to be successful, however, you must prove that the other driver was at fault for the accident.
Can I Sue for Property Damages?
When your car has been damaged, the other party’s insurance company may not offer adequate compensation for it. The same issues could arise if you had items of value in the vehicle and those were damaged or destroyed. Not all insurance companies are willing to cover the cost of property inside the vehicle.
In Miami, you can sue the other driver in small claims court if your damages are less than $5,000. This total does not include costs for filing, services, or legal consultation. If your damages are above $5,000, then you would need to file a civil suit.
What Is Negligence Without Injury?
While a car accident may not cause physical injuries, it can cause non-economic injuries. These types of injury can include:
- Anxiety and fear
- Other emotional trauma
Someone who is rear-ended, for instance, may face panic attacks at the thought of getting behind the wheel again. Personal injury lawsuits allow a victim to seek compensation for damages, even if they are not monetary in nature.
Do I Need a Lawyer After a Car Accident?
After a car accident, it can be tempting to work directly with the insurance company to try to get compensation for your damages. However, insurance companies never work in your best interests. Instead, they use tactics to reduce, delay, or deny claims.
If you don’t feel that the settlement offered by an insurance company is fair, you can choose to decline it and take the case to court.
Small claims court might be enough if the claim is low in value. If you feel your property damages or pain and suffering are worth more than that, you may have the best success with a lawyer on your side.
Personal injury attorneys are accident specialists, and they can help you understand the pros and cons of your case. In most cases, attorneys will also be willing to offer a free, no-obligation consultation so that you can talk through your legal options.
If your damages are low in value or you don’t have valid grounds to file a claim, the attorney may decline to take your case. However, it can be helpful to confirm the validity of your case before you seek legal action.