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Can You Sue After a Car Accident If You Were Not Hurt?

May 7, 2025

D2 Law

If you were in a car accident but didn’t get hurt, you might wonder if you can still sue the other driver. It’s a common question. The truth is, even if you weren’t injured, you may still be able to file a claim, especially if your car was damaged or you lost money because of the crash. This blog explains when and how you might sue after a car accident without an injury.

When Can You Sue After a Florida Car Accident?

Florida follows a no-fault insurance system. That means if you get into a car crash, your own insurance usually pays for your damages—no matter who caused the accident. But there are exceptions.

If your damages go beyond what your insurance covers, and the other driver was at fault, you might be able to sue them. This could happen if:

  • Your repair costs are higher than your policy limits

  • You missed work and lost wages because of the crash

  • You’re dealing with emotional stress or mental anguish

Even if you don’t have physical injuries, you still might have a legal case. It depends on what losses you had and whether you can prove the other driver was negligent.

Types of Damages You Can Claim

After a crash, you might face more than just medical problems. There are other damages you could claim, including:

  • Property damage – If your car or anything inside it was damaged, you can ask for money to fix or replace it.

  • Lost wages – If the crash made you miss work (even just to get your car repaired or attend meetings), you may ask to be paid back.

  • Pain and suffering – Even if you weren’t physically hurt, you might feel stress, fear, or anxiety from the crash. These are real problems that can be included in a claim.

You don’t have to be injured to experience financial and emotional setbacks after a car accident.

What Happens If Your Repair Costs Are Higher Than Insurance Limits?

Florida drivers are required to carry at least $10,000 in property damage liability coverage. If your car repair bills are higher than that, and the other driver caused the accident, you may be able to file a claim against their insurance.

Sometimes, even a small accident can lead to more damage than your policy will pay for. When that happens, and the other driver is responsible, their insurance should step in to cover the rest. If their insurance refuses to pay or doesn’t offer enough, you may consider filing a lawsuit.

Legal Grounds for a Lawsuit

To sue someone after a car crash, you need to show that they were at fault. This usually means proving negligence. In simple terms, you must show:

  • The other driver had a duty to drive safely

  • They didn’t meet that duty (for example, they were speeding or distracted)

  • Their actions caused your damages

Even if you weren’t physically injured, you can still try to prove the other driver’s actions caused your financial loss or emotional harm.

How Much Time Do You Have to File a Claim?

In Florida, you usually have two years to file a personal injury lawsuit and four years to file a property damage lawsuit. These time limits are called statutes of limitations. If you miss the deadline, you may lose your chance to take legal action.

It’s a good idea to talk to a lawyer soon after the accident. They can help you figure out what kind of case you might have and make sure everything gets filed on time.

What to Do After an Accident Without Injuries

Even if you don’t feel hurt, there are some things you should do after a crash:

  • Call the police and get an accident report

  • Take photos of the damage and the scene

  • Exchange information with the other driver (name, insurance, phone number)

  • Get witness names and contact information

  • Check for delayed symptoms – Some injuries take time to show up, like back pain or whiplash

You should also contact your insurance company and report the accident. Be careful about what you say, and don’t admit fault.

Can a Lawyer Help If You Weren’t Hurt?

Yes, a lawyer can still help you even if you weren’t injured. They can:

  • Look at your insurance policy and explain what’s covered

  • Talk to the other driver’s insurance company for you

  • Help you figure out the value of your property damage and other losses

  • File a lawsuit if needed

Having a lawyer on your side can make the process easier. Insurance companies may try to pay less than you deserve. A lawyer can push back and fight for a fair settlement.

Talk to a Lawyer About Your Car Accident

Even if you walked away from the crash without a scratch, that doesn’t mean the accident didn’t affect your life. If you’re dealing with expensive repairs, missed work, or emotional stress, you might have a case.

Call D2 Law at (800) 790-5641 to find out what your options are. A free consultation can help you understand your rights and decide what to do next.

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