What legal action should I take if my baby stroller with my 3 month old daughter in it was hit by a backing up car?

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What legal action should I take if my baby stroller with my 3 month old daughter in it was hit by a backing up car?

The driver proceeded to speed up and drive away once he realized what he just did .The stroller wasn’t hit hard more of bumped and so was I but I was more worried about the baby. I called the cops did not write a statement but I do know the drivers lisence plate and told the cops there was no injury to her or myself or damage to the stroller. Would I be able to pursue legal action?

Asked on January 4, 2013 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Criminal charges can be filed against the driver for hit and run.

You would not have any civil case (lawsuit) against the driver because your baby was not injured and the stroller was not damaged.  Without property damage or personal injury in this case, there would not be a basis for you to obtain monetary compensation in a lawsuit for negligence against the driver.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Fortunately, from what you write, there were no injuries or property damage. In that case, you cannot sue--or rather, you can sue, but will not recover any money; the law only provides compensation for actual injuries or costs, not merely because there had been a potential for injury. Without injury or damage, you would not be able to get any compensation, which means that you'd lose money by suing (since you'd have court costs and possibly lawyer fees).


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