Can a Low-Impact Car Accident Still Lead to a Lawsuit in Florida?
Why Minor Accidents Still Lead to Serious Injury Claims
Many drivers believe that if a car accident involves little or no vehicle damage, then no one could have been injured. After all, if a bumper isn’t dented, how could a person be seriously hurt? Unfortunately, this is one of the biggest misconceptions in Florida accident cases.
Even low-speed collisions can cause soft tissue injuries, whiplash, or disc damage that don’t appear right away. A driver or passenger might feel fine at the scene, only to wake up the next day with severe back or neck pain. By then, medical records start documenting the injury, and a lawsuit may follow.
This reality explains why many of our clients are shocked to be sued weeks or even months after what they thought was a “harmless” fender bender. If you’re in this position, our guide on what to do when sued for a car crash in Florida provides a useful step-by-step overview.
A Personal Story: Attorney Roberto Vazquez’s Low-Impact Accident
Here’s a personal story from our own Attorney Roberto Vazquez that shows how misleading “minor” accidents can be.
While attending law school in downtown Orlando, Roberto was involved in a small fender bender. The impact was so light that neither vehicle showed visible damage. Believing it was nothing, he told the other driver:
- No need to exchange insurance information
- No need to call the police
- Everything seemed fine
But just two days later, Roberto could barely get out of bed. After seeking medical care, he learned he had suffered two bulging discs in his spine caused by the accident. What felt like a harmless bump on the road had actually left him with a very real, painful injury.
This experience shaped his approach to defending clients today. It’s a clear reminder that lack of vehicle damage does not mean lack of injury, and why lawsuits can—and often do—arise after low-impact crashes.
Why Plaintiffs File Lawsuits After Minor Accidents
Delayed Symptoms Are Common
The human body doesn’t always react instantly to trauma. Injuries like whiplash, herniated discs, or concussions can take hours or days to fully develop. By the time symptoms appear, the connection to the accident is already established.
Medical Documentation Creates a Record
Doctors, chiropractors, or physical therapists may diagnose injuries days or weeks later, and those records often link the symptoms back to the crash. Plaintiffs’ attorneys then use these medical records to support personal injury lawsuits.
Florida’s No-Fault Law and Injury Threshold
Under Fla. Stat. § 627.737, Florida drivers can step outside the no-fault insurance system and sue for damages if they meet certain injury thresholds, such as permanent scarring or significant loss of function. Plaintiffs frequently argue that even “minor” accidents caused injuries severe enough to meet these requirements.
For more on defense options when a lawsuit is filed, see our post on Florida car accident defense strategies.
Why We Request Medical Records in Accident Defense
One of the first steps in accident defense is obtaining medical records from the plaintiff. This allows us to:
- Confirm whether the injury was reported immediately or days later
- Review whether there were pre-existing medical conditions that could explain the symptoms
- Compare the claimed injuries with the actual mechanics of the collision
- Evaluate whether treatment appears consistent or exaggerated
By carefully analyzing these records, we can challenge claims that are unsupported or inflated. This is a key reason why clients shouldn’t dismiss lawsuits after “small” accidents—plaintiffs may still have medical records backing their claims.
For a broader explanation of how lawsuits unfold, see our overview of the process of a Florida civil lawsuit.
Defense Challenges in Low-Impact Cases
Jury Perception
Juries often struggle with the idea that an accident showing no visible damage could still cause serious harm. While this skepticism can benefit defendants, it’s not a guaranteed win—especially if plaintiffs present strong medical testimony.
Expert Testimony
Plaintiffs’ lawyers frequently bring in medical experts to explain how even low-speed crashes generate enough force to injure the spine. Defense attorneys must be prepared with their own experts to counter these claims.
Insurance Company Pressure
Even in minor-accident cases, insurance companies often push for settlement rather than trial. Without legal representation, defendants may feel pressured into paying when strong defenses are available.
Real-World Examples of Low-Impact Accident Claims
Example 1: Parking Lot Collision
Two cars back into each other at low speed in a grocery store parking lot. Neither driver calls the police. A week later, one driver files a claim for back injuries, supported by chiropractic notes. The absence of vehicle damage doesn’t prevent the claim.
Example 2: Stop-and-Go Traffic on I-4
A driver rear-ends another in heavy Orlando traffic at less than 10 mph. The bump leaves no visible damage. A passenger later develops headaches and dizziness, and a doctor diagnoses a concussion.
Example 3: Fender Bender Outside a School
At a school pickup line in Miami, one car lightly taps another. Everyone says they are fine at the scene. Days later, the driver of the struck vehicle seeks treatment for shoulder pain and begins physical therapy, later filing suit.
These examples show why lawsuits can follow accidents that seemed insignificant at the time. For more, see our blog on what to do if you caused a car accident in Florida.
How Florida Civil Counsel, P.A. Can Help
Our firm, based in Orlando, defends clients throughout Florida—including Tampa, Miami, and Jacksonville—who are sued after what they believed was a “minor” accident.
Attorney Roberto Vazquez has personally experienced how serious injuries can result from a low-impact crash. That insight allows him to explain to clients why these cases are taken seriously in court and why requesting medical records is essential.
Because we represent both plaintiffs and defendants in personal injury cases, we know how the other side builds their arguments and how juries respond to these types of claims. This balanced perspective gives our clients an advantage when facing lawsuits after a fender bender.
If you are being sued after a low-impact car accident in Florida, our Florida car accident defense attorneys are ready to protect your rights and build a defense strategy that works. Contact us today to get started.
