After getting hurt or suffering injuries in a Florida car crash, you may have the right to seek compensation from the driver responsible for the crash. However, Florida law imposes deadlines for pursuing car accident claims. Taking prompt action after a car accident in Florida can help you file your claims before applicable deadlines expire and protect your rights to seek accountability and financial recovery.
Florida’s Statute of Limitations for Car Accidents
Under Florida’s statute of limitations for car accident claims, you typically have two years after a crash to file a lawsuit against the at-fault driver. Furthermore, if you lost a loved one in a Florida car crash caused by another driver’s negligence, your family has two years to file a wrongful death claim. If you file a lawsuit after the limitations period expires on your claim, the at-fault driver can file a motion to dismiss your lawsuit, regardless of the merits of your claim.
PIP Insurance and the 14-Day Rule
Florida operates a “no-fault” auto insurance system. Under this system. Florida residents must purchase auto insurance that includes personal injury protection (PIP) coverage. PIP coverage provides “no-fault” insurance to an insured party for their medical expenses and lost wages incurred due to injuries from a car accident, regardless of who may have caused the crash. Florida’s no-fault system requires injured car accident victims to turn to their insurer’s PIP coverage first before pursuing legal action against an at-fault driver (if eligible). However, an injured car accident victim must file their PIP claim with their insurer within 14 days of the crash. Filing a PIP claim more than 14 days after an accident may result in the insurance company denying the claim.
Deadlines for Reporting the Accident
When a car accident in Florida results in fatalities, injuries, or property damage exceeding $500 in value, state law requires the drivers involved in the accident to report the accident to law enforcement immediately. Law enforcement officers will then draft a traffic crash report and submit it to the Florida Department of Highway Safety and Motor Vehicles. However, if an accident does not require a law enforcement report, then Florida law requires the drivers involved in the crash to file a written report with the Department within ten days of the accident.
In addition to reporting the accident to the authorities, drivers involved in a car crash may have deadlines for notifying their auto insurer, even if they do not plan to file a PIP claim. Auto policies may require drivers to report accidents to the insurance company within a specific timeframe after the crash to maintain eligibility for other coverage under their policy, such as liability coverage.
Why You Should Act Fast – Even Before the Deadline
Waiting too long to begin the car accident claims process may jeopardize your claim by potentially losing critical evidence for your case as authorities clean up the accident scene, the drivers involved in the crash repair their vehicles, and people’s memories of the accident fade.
When to Contact a Car Accident Attorney
You can best protect your rights and interests by contacting a car accident attorney as soon as possible after a crash. An attorney can help you file reports and claims within the applicable deadlines. A car accident lawyer can also investigate the crash to recover evidence needed to support an insurance claim or a legal action against an at-fault.
Contact Our Firm Today for Legal Representation
When you’ve had a car accident in Florida, prompt action can preserve your right to pursue financial compensation for your injuries and losses. Contact Hutch Firm today for a free, no-obligation consultation with a motor vehicle accident attorney to learn more about the applicable deadlines in your case and get help pursuing the resources you need to recover.