Alejandro Figueroa | April 22, 2022 | Florida Law
You have a limited amount of time to file a car accident claim in Florida. If you do not file your claim before the deadline, you lose the right to hold the person who caused the car crash liable for your damages. It is essential to note the difference between claim vs. lawsuit when determining deadlines, as are other considerations. Read on to learn more.
How Long Do You Have to File an Insurance Claim in Florida?
Most insurance companies ask you to report car accidents as soon as possible. Some insurance companies may tell policyholders they have a deadline to report the crash. However, this deadline is not the same as the claim deadline.
The insurance policy generally contains the deadline for filing claims for damages. Therefore, read your auto insurance policy carefully to determine deadlines.
Since Florida is a no-fault state for car accidents, all drivers must have Personal Injury Protection (PIP) insurance coverage.
By law, you must seek medical treatment within 14 days of the accident for PIP coverage to apply. If you miss the deadline, your PIP insurance company does not pay your medical bills or a portion of your lost wages from the car accident.
If you are unsure about deadlines for filing car accident claims, talk with a lawyer. A Tampa car accident attorney can answer questions like, “How long after an accident can you file a claim?” with more certainty.
How Long After an Accident Can You Sue?
A personal injury lawsuit is different from a claim. A lawsuit is a court action settled by a trial. A judge or jury hears the evidence presented by both parties to determine whether the defendant is liable for the plaintiff’s damages.
The statute of limitations for Florida car accident lawsuits is generally four years from the date of the accident. However, if you are suing someone for a traffic death, the deadline for filing wrongful death lawsuits is two years from the victim’s death.
However, there could be exceptions. For example, the statute of limitations could be tolled (paused) in some cases, such as when filing a car accident claim for a minor.
If your car accident involves a government vehicle or employee, the deadline could be much shorter. Claims against the government are not subject to the standard statute of limitations for personal injury claims in Florida.
It is always best to talk with a Tampa car accident lawyer as soon as possible. An attorney reviews your case to calculate the deadlines for filing claims and lawsuits. The lawyer monitors these deadlines to protect your right to take legal action after a car accident.
How Long Can a Car Insurance Claim Stay Open?
Most car accident claims in Florida settle without filing a lawsuit. The amount of time it takes to settle an accident claim depends on the case.
No-fault car insurance does not compensate accident victims for all loss of income or non-economic damages. However, if an accident causes serious injury, you may have a claim against the other driver’s liability insurance.
Factors that could impact how long it takes to settle your car accident claim against another driver include:
- The type and severity of your injuries
- Whether the insurance company disputes liability for the cause of the crash
- The parties involved in the case
- The willingness of the insurance company to negotiate a fair settlement amount
- Whether you hire a personal injury lawyer to handle the claim
If the insurance company refuses to pay a reasonable amount for damages, you might need to file a lawsuit against the other driver. Lawsuits generally take a year or longer to resolve after the filing date.
What Compensation Could I Recover for a Car Accident Claim?
PIP insurance is limited. However, if your claim is against the other driver, you could receive compensation for your economic damages, including:
- Medical bills
- Out-of-pocket expenses
- Property damage
- Loss of income
- Diminished earning potential
You can also receive compensation for your non-economic damages. These damages include your pain and suffering, permanent impairments, loss of enjoyment of life, and emotional distress. The amount you could receive depends on the facts of your case.
Seek Medical Care and Legal Advice After an Accident
Regardless of the severity of your injuries, it is always best to seek immediate medical care after a car accident. It is also wise to talk with a lawyer. Most injury lawyers offer free consultations, so talking to an attorney does not cost you anything.
Seeking legal advice protects your best interests. An insurance representative is not a trusted source of legal advice. The claims adjuster protects the insurance company by paying as little as possible for claims, which is not in your best interest.
Contact Our Car Accident Law Firm in Tampa, FL
If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa car accident lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.
Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656
We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.
