If a vehicle plowed into my home doing 80 mph, what can I do legally to sue or prosecute?
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If a vehicle plowed into my home doing 80 mph, what can I do legally to sue or prosecute?
My home and parked vehicle were extensively damaged. The driver was only cited for careless driving and failure to provide car insurance at the scene of an accident.
Asked on January 28, 2016 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
*You* can't prosecute--only the state does that. You can follow-up with the police or prosecutor's office, to see if they will press more substantial charges, but it's up to the authorities, not you.
You CAN however sue the driver, who was clearly negligent (driving carelessly) for all costs to repair your home and car, and also related costs (e.g. hotel, if you have to stay elsewhere while repairs are made, and car rental, if you likewise need to rent a replacement car for a time), and also for any personal property damaged or destoyed (e.g. furniture). If the damage is several thousand dollars or more, retaina an attorney to sue for you.
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