If you’re involved in an accident, one of the first things you’ll need to do is file a claim. But how long do you have to do this? In Florida, there are specific deadlines that you must meet in order to ensure that you receive the compensation that you deserve. The deadlines will vary for an insurance claim and a car accident claim. This article will discuss what those deadlines are and what happens if you don’t meet them.
We will also provide some tips on how to make the filing process as smooth as possible. The first of which is to hire a personal injury attorney lawyer to help you file a car accident claim and recover compensation. You should sit down for a free consultation with the Law Offices of Jared Spingarn, P.A. Jared can provide competent car accident attorneys who can help you when you get into a car accident. The law firm can also assist you with personal injury cases and in filing personal injury claims.
Florida is a No-Fault State
Florida has no-fault laws in place. The state mandates all car drivers to have personal injury protection (PIP) and property damage liability (PDL) coverage in case of a car accident. The aim of this Florida law is to reduce the number of lawsuits filed due to car accidents.
As a no-fault state, persons involved in a car accident are required to file a claim with their insurance company first. Regardless of who caused the Florida car accident, car accident victims must contact their insurance company to file a claim under their PIP insurance policy.
Personal Injury Protection and Property Damage Liability Coverage
Under Florida laws, motor vehicle owners must have both PIP and PDL coverage. In case of a car accident, these types of coverage should cover medical treatment to the person, regardless of whether the other party was the at-fault driver.
Both types of policies should have a minimum of $10,000 in coverage. After a car crash, you can receive up to 80% of your medical bills and 60% of lost wages.
PIP and PDL are not the same as bodily injury liability (BIL) insurance, which is not mandatory under Florida law. BIL only covers damages and injuries to another person if you were found to be at fault in the accident.
Additionally, BIL will only cover serious injuries caused by the Florida car accident. If you are in this type of situation, you should get a free consultation from a personal injury lawyer at Jared Spingarn’s law firm. Their lawyers will help you file a legal claim for a serious injury sustained in the car accident.
Filing an Insurance Claim After A Car Accident
How long after an accident do you have to file a claim in Florida? If you were involved in a car accident in Florida, you should file a claim with your insurance company as soon as possible. To do this, you must show proof that the injuries you sustained were due to the car accident you were involved in.
How do I go about filing an insurance claim?
The first thing you need to do when filing your personal injury claim is to notify your insurance carrier. Next, contact Jared Spingarn, P.A. for a free case evaluation. Jared’s lawyers can help you in collecting evidence and receiving fair compensation for your injuries.
Included in the evidence you must present are your emergency room and medical records signed by a medical professional as well as a copy of all your medical bills. A copy of the police report of the accident is also required in most car accident cases.
If you were disabled due to the car crash, you may also be entitled to receive an amount for your lost wages. However, you must prove that your injuries from the auto accident hindered you from performing your regular work duties.
Your employer is required to fill up a wage and salary verification to support your claim. Your accident attorney from Jared Spingarn’s law offices can work with you and your employer to make sure that your lost income is properly reported.
What happens if I file an insurance claim late?
In Florida, filing an insurance claim late may result in a denial of your benefits. To file your insurance claims under your PIP policy, you must seek medical treatment within two weeks or 14 days of the car crash. If you wait too long after a car accident to file a claim, the insurance company may argue that your injuries are not related to the accident.
Aside from this 14-day deadline, your insurance carrier is given 60 days to go through your car accident case. This timeline is to ensure that you are not filing a fraudulent claim. However, these companies are required to pay for your claim within 30 days of filing.
This is why it’s important to seek medical attention and treatment right away after an accident. You should also keep all documentation and records related to the accident and your injuries. These will be important when filing car accident claims under your policy.
Jared Spingarn’s law firm can also help you if you’ve been in an accident and your insurance carrier is denying your claim. Their lawyers will review your case and help you get the compensation you deserve.
Can I still sue even after filing an insurance claim?
How long after an accident do you have to file a claim in Florida? We have discussed filing an insurance claim in a timely manner immediately after an accident to make sure that you get the compensation that you are eligible for.
Sometimes, however, the full extent of your injuries can only be felt a few months or even years after the accident. You may need to seek continuous medical attention to aid in your physical recovery. In these car accident cases, although you may have already received compensation from your insurance policy, you can still opt to file a personal injury lawsuit against the negligent driver or the at-fault party.
So yes, you can still sue the party at fault after filing an insurance claim. To be eligible to proceed with legal action, you must prove that you sustained serious injuries caused by the negligence of the other driver at fault. In Florida, you can also sue if your injuries brought medical costs greater than the $10,000 PIP coverage. Additionally, you can sue for non-economic damages such as pain and suffering that the accident caused.
Experienced attorneys from the firm of Jared Spingarn, P.A. can expertly handle your personal injury case. They offer free consultations so they can discuss your legal options with you.
Florida’s Statute of Limitations
The Florida car accident statute of limitations is four years from when the accident occurred. This means that you have four years to decide whether you want to pursue legal action against the at-fault driver or their insurance carrier.
Most motor vehicle accidents fall under the statute of limitations for personal injury. Can you sue a bus for injury? If you were injured in a bus accident, you are also entitled to sue the bus driver or company for damages. This will fall under the same statute of limitations as car accidents.
If the car crash resulted was fatal, the immediate relatives of the deceased can file a wrongful death lawsuit. In this case, the statute of limitations is only two years from the date of death, and not the date of the crash.
What happens if I exceed the statute of limitations?
If you try to file a claim too long after a car accident occurred, the court handling your case may immediately dismiss it. This is why it is important to hire the services of Jared Spingarn, P.A., a knowledgeable accident attorney who can help you with your legal claim.
Florida Car Accident Settlements
Often, car accident settlements are reached instead of going to court and facing a jury. This involves private negotiations between the involved parties. The amount of the settlement varies per case, as each case involves different factors.
The extent of your injuries sustained in a car accident in Florida is taken into consideration in a settlement, as well as the non-economic damages that you suffered. Having an experienced personal injury lawyer from the firm of Jared Spingarn, P.A. can ensure that you receive the compensation you deserve in a settlement.
Do you need a personal injury attorney in a car accident case in Hallandale Beach?
Yes, you need an expert attorney from the office of Jared Spingarn, P.A. if you are involved in a car or bus accident in Hallandale Beach. Jared will guide you through the process of filing an insurance claim, collecting evidence, and receiving the compensation you deserve. He can help you recover economic and non-economic damages such as the following:
- Medical expenses
- Lost wages and future lost wages (depending on the severity of the injury)
- Funeral expenses
- Property damage expenses
- Cost of repairs
- Other economic damages caused by the accident
- Pain and suffering
- Mental and emotional distress
- The inconvenience of living with a disability
- Loss of enjoyment
- Other non-economic damages caused by the accident
How long after an accident do you have to file a claim in Florida? For an insurance claim, you must immediately seek treatment within two weeks of the accident to ensure that your claim will be honored. But if you want to pursue legal action, you have four years to file a personal injury lawsuit and two years to file a wrongful death lawsuit.
If you were involved in a car, bus, or any other type of motor vehicle accident, Jared Spingarn can help you. Jared has years of experience and can expertly handle your case. Their team of attorneys will make sure that you get the fair compensation you deserve.