Can another driver sue me after an accident if there were no injuries and they had insurance but I didn’t?

UPDATED: Oct 1, 2022

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Can another driver sue me after an accident if there were no injuries and they had insurance but I didn’t?

I got a ticket for careless driving in the accident but there were no injuries and this is a no-fault state, which means he has to fix his car with his own insurance. So if he were to sue me, what would my

defense be?

Asked on November 5, 2017 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are incorrect: a no-fault state does not require that the driver's own insurance fix the car. No-fault refers to compensation for personal injury (injury to people), not property (car) damage. He has the option of suing you instead of seeking compensation through his insurance, or can do both--sue you for the deductible after having his insurer pay the rest.
If you were driving carelessly, you are likely liable and would not have any viable defense(s).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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