After a car accident, Florida law requires you to move your car out of the roadway and to a place of safety. You do not have to wonder if it is legal to drive a car with minor damage from an accident in Florida. If the accident was seemingly minor and your car is drivable, you can take it home when you leave the accident scene.
The negligent driver who caused your motor vehicle accident can be legally compelled to compensate you for the costs of repairing your car. A car accident lawyer in Fort Lauderdale can help you obtain recovery of these and any other accident expenses and losses. Local law firms typically offer a free review and initial consultation to learn more about your property damage and clarify Florida car damage laws.
How to Determine if Your Vehicle Is Safe to Drive After an Accident
After a minor accident car use, you generally pull your car off the road and visually inspect it for damage. If the engine turns over, most people drive their car home and start gathering repair estimates.
While a cursory look at your car can tell you a lot, consider taking additional steps to ensure your car is road-worthy before driving minor damage Florida. Doing so protects you from further damage and potential injuries.
1. Visible Vehicle Safety Checks After an Accident
Before driving your car after an accident, ensure the airbags have not deployed, the seat belts are in working order, and the vehicle’s glass and mirrors are intact. If not, have your vehicle towed to your home or to a shop for necessary repairs. In most cases, the costs of the tow and repairs can be recovered from the at-fault driver.
2. Essential Safety Devices to Check for Safe Driving
Turn signals, brake lights, and headlights are important safety measures that allow other drivers to anticipate your move while in the flow of traffic. Rearview mirrors and side mirrors also allow you to see and anticipate other drivers. If these items are not operable, they can lead to dangerous subsequent accidents and violate legal car damage Florida.
3. When to Have Your Car Inspected by a Mechanic
Florida Statutes § 316.610 mandates that your car must be safe and operable on the road. An accident that at first seems like just a minor collision could actually result in hidden damage to your car that can only be detected with a thorough inspection. If you want to keep driving your car until repairs can be made at the at-fault driver’s expense, have it inspected by a licensed professional.
Reporting Requirements for Minor Car Accidents in Florida
In some cases, even minor accident vehicle laws for reporting a car accident in Florida is mandatory. This usually applies if anyone in either vehicle was hurt, a fatality occurred, or either car sustained costly damage.
Filing a police report after a car accident is always a good idea. It will record important and impartial details of the accident. The official report can also protect you from a misconstrued version of the events leading to the accident.
Recoverable Damages for Vehicle Repair After a Negligence-Based Accident
The driver at fault or their insurance company can be compelled to cover all the costs of repairing your vehicle damage even if you can drive it away from the accident. Via their insurance policy, they can cover the costs of:
- Restoring your car to its pre-accident condition
- Replacing your car if it is deemed a total loss
You might also be able to request a rental car for the time your car is being serviced and compensation for the diminished resale value of your car after repairs have been made.
Additional Damages Car Accident Victims May Be Entitled to Recover
After a car accident, your recoverable damages can also include a range of economic and non-economic damages, including:
- Past and future medical expenses
- Rehabilitation and therapy
- Past and future loss of income
- Lost future earning capacity
- Disability and disfigurement
- Physical pain and suffering
- Mental and emotional anxiety
- Loss of enjoyment of life
Consider consulting a car accident attorney to help you build a strong case for financial recovery. Their legal guidance can help you avoid overlooking expenses or other financial losses when calculating damages.
The Role of Negligence in Holding the At-Fault Driver Financially Accountable
The police accident report is part of the evidence that can support your right to financial recovery. Along with other crucial evidence, it can prove the elements of negligence that entitle you to sue for damages. Additional evidence that proves the elements of negligence, including duty of care, breach of duty, causation, and damages can include:
- Injury photos
- Video footage
- Medical treatment records
- Expert testimonials
- Witness statements
- First responder reports
- Accident reconstruction
You can collect physical evidence on your own, though it will take time to research and compile. If you are represented by a car accident lawyer, they will handle the arduous task of evidence collection for you.
Importance of Filing Your Car Accident Lawsuit on Time in Florida
You have a limited period of time to file a lawsuit after a car accident. In addition, the time limit got smaller in 2023 when the statute of limitations was decreased from its previous four-year status.
Today, you generally have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. If you do not file your lawsuit within the allotted time, you could be prohibited from filing it at all. A local attorney can help you interpret the statute of limitations and ensure your lawsuit is filed on time.
Learn More About Your Legal Rights After a Car Accident by Contacting Our Firm Today
The legal aftermath of a car accident can be stressful. Find out what rights you have to compensation and to the use of your own car after a collision. Our legal team can clarify whether it is legal to drive a car with minor damage after an accident in Florida.
Find out how we can help you get compensation from the at-fault party for a negligence-based accident. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
