If I was involved in a hit and run/side swipe today, can press charges and get more compensation other than insurance?

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If I was involved in a hit and run/side swipe today, can press charges and get more compensation other than insurance?

After turning I got into a lane, another car made a right turn and hit me. I managed to get their license plate number and called the police.

Asked on October 26, 2015 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can *try* to press charges, but an accident is not necessarily criminal--in fact, usually it isn't, because it takes more than mere negligence or carelessness to rise to the level of being criminal. Generally, it takes egregiously reckless behavior, like DUI/DWI, or intentional bad acts, like trying on purpose to hit you.
You can try to sue for anything not paid by insurance. But you are only entitled to provable actual losses or costs which are not paid by insurance, like: 1) your deductible; 2) lost wages, if you missed work due to the accident and weren't compensated for them; 3) towing and replacement car rental, if not paid by insurance; 4) any medical costs (if any) not paid by insurance; etc. There is typically no punitive damages, etc. in accidents like this.


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