If I was rear-ended in a no-fault state and I am from out-of-state, would I be able to sue the driver who caused the accident?

UPDATED: Sep 29, 2010

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If I was rear-ended in a no-fault state and I am from out-of-state, would I be able to sue the driver who caused the accident?

I have no coverage.

Asked on September 29, 2010 under Accident Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Florida is a no-fault state as it relates to bodily injury and not property damage.  Property damage claims are still determined on a fault basis.  So am I assuming that you were hit in Florida, are from out of state, and carry no insurance?  And what are you suing the other driver for: a bodily injury claim or for property damage?  I would really seek help from an attorney in your area on the matter.  Even states that have no-fault laws allow for bodily injury suits under certain conditions such as serious injury.  The consultation should be free.  And it may be a good idea to get some insurance. Good luck.

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