Is There a Deadline for Car Insurance Claims After An Accident In Florida?

Car accidents are extremely common. There are approximately 20-50 million people every year that are left with non-fatal injuries sustained from car accidents. 

If you have ever been involved in a car accident, then you know how stressful it can be when you’re trying to take care of car damages and hospital bills. Car accidents are even more frustrating when you’re not the one that was at fault.

You may ask yourself what are your options for car accidents in Florida. Additionally, what are you supposed to do after you’ve been through the wreck? If you haven’t considered hiring an attorney in the Hollywood, Florida area, you should reconsider it. Car accident attorneys can bring breakthroughs to your case.

It is important to know that the residents of Florida have deadlines they have to follow for reporting their car accident claims. Here is everything you need to know. 

What Happens After a Car Accident in Florida?

If you experience a car accident in Florida, there are several steps you need to take immediately after. The first is calling law enforcement to arrive on the scene.

Granted, Florida operates under a no-fault comparative rule, which we will get into later, but calling the police to the scene and filing a report can be beneficial to your case later on. You can give the police your statement and allow them to look around the scene to investigate and determine what they think happened. Your fault status (or lack thereof) will hopefully be noticeable and end up in the report.

Since Florida has a no-fault system, everyone in Florida is required to have no-fault insurance, ensuring that everyone has $10,000 in personal injury protection and $10,000 in property damage liability. The property damage liability is for an incident where you are at-fault and damage the other driver’s car. In this case, if you are not the at-fault driver, your personal injury protection should kick in and cover any costs that are not related to car damage.

To have financial assistance for the car damage, you will need to have collision coverage available. 

How Long Do Florida Residents Have to File a Car Accident Claim?

Residents of Florida have a deadline for filing a car accident claim. This deadline is within four years from the date of the crash. Missing the deadline could mean that any case that misses the deadline can and likely will be dismissed. 

While there is a four-year timeframe, it is highly recommended that you file your claims and seek the help of a legal professional as soon as you can. This helps to get the ball rolling on your settlements and gives your attorney the necessary time to gather all of the evidence and build a case. 

There are several things you should note with this timeline. The first is that if you do not contact the authorities to visit the scene of the crash, you are responsible for the collection of any evidence in your claim that could be used later.

The evidence that comes from the police or your own records can help you get more out of your settlement from your insurance claim. In addition, there might be a chance where you can step out of the no-fault system if your case meets certain requirements, which will allow you to file a claim against the other driver. 

If this were to happen, having a record of evidence would be crucial to your case. Your attorney will be responsible for obtaining and organizing all of the evidence from you or the police to build your case. 

Understanding Florida’s No-Fault Rule

Florida’s driving laws operate under a no-fault comparative rule. This means when it comes to car accidents, there is no one party responsible for the crash. Rather, both drivers will share responsibility for the accident, but that doesn’t mean both will share the blame equally. If you make it to court and were not the party at-fault, the jury could find you 20% responsible for slight speeding and not using a turn signal. 

This rule also means that every driver is responsible for seeking financial assistance with their own insurance claims. However, you could possibly be able to file a third-party claim if you meet certain requirements. Those requirements are expenses that exceed $10,000 or having a “serious injury.” 

Here are a few examples of what will qualify as a serious injury eligible for filing a lawsuit:

  • Death
  • Permanent, severe injury
  • Severe impact to the quality of life or loss of bodily function
  • Disfigurement

If you meet these requirements, you can file a personal injury lawsuit with a high-quality Hollywood Florida Car Accident Lawyer

Negotiate With Your Insurer with an Attorney

Hiring a personal injury lawyer in Hollywood, Florida, can also do wonders for your case instead of assisting you in filing a lawsuit. They can also help you negotiate more out of your insurance claim.

Just because a resident of Florida is required to have $10,000 in personal injury protection does not mean your insurer will cover 100% of damages. They might not give you the whole $10,000. However, by having a Hollywood Florida Car Accident Lawyer, their negotiation skills and narrative skills can get you more compensation than you may have originally expected. 

How to Find an Attorney in Hollywood, Florida

Finding a good lawyer in Hollywood, Florida should not be done in a haste. It is important that you spend your time looking for a seasoned law firm with a proven track record in handling these types of cases. 

Your attorney will become your advocate during the process of working on your case. They will be the one to speak on your behalf, gather your medical records and evidence, present the evidence to your insurer or in court, and advise you on your next steps.

The lawyer you hire will view your case all around and give you insight on if your case could go to court and if so, estimate how much you can expect to receive out of a fair settlement. If your case is eligible to where you file a third-party claim against another driver, your attorney will communicate with the other party’s insurer and try to negotiate with them. 

Contact Frankl Kominsky Today

Speak to a highly awarded Hollywood Florida Car Accident Lawyer today about your case. The attorneys at Frankl Kominsky Injury Lawyers are ready to help you seek extra compensation from your insurance policy or see if you can step out of the no-fault system. 

Our attorneys have 40 years of experience helping residents of Hollywood, Florida on their car accident cases find extra compensation through their insurance or seeking a third-party claim. If you are ready to see how much you can potentially seek in compensation, call us at (561) 800-8000 today or visit us online to fill out our free consultation form

We look forward to meeting with you and discussing more about the helpful services that we offer.

Contact Information