What Is the Time Limit for Car Accident Insurance Claims?

Table of Contents

If you have suffered injuries in a Florida car accident and securing fair compensation through negotiations with the insurance company has been unsuccessful, you may need to take things to the next level and file a lawsuit. However, Florida car accident lawsuits have deadlines, and missing them could have serious consequences.

AFlorida car accident lawyer can help. They can investigate the accident, deal with the insurance company, and advise you when it may be time to sue after a Florida car accident.

When to Sue After a Car Accident in Florida

Primarily, the time to sue after a car accident is the point when the insurance company has ceased to take negotiations seriously. During the insurance claims process, you may experience:

Initial lowball offers
Delaying tactics, such as pending reviews
Denying coverage or liability
Minimizing your damages
Requesting irrelevant documents
Asking for recorded statements
Blaming preexisting conditions for your current injuries

They may even pressure you to take an offer before you have time to review it.

However, knowing when it’s time to step away from the negotiation table and move to a courtroom requires experience dealing with insurers, something a Florida personal injury lawyer can provide.

Florida Statute of Limitations for a Car Accident

The most important thing to remember is that you have a limited amount of time to sue.Florida law establishes statutory deadlines based on the type of case you are bringing to the courts:

Personal injury: You typically have two years to file a personal injury lawsuit, starting on the day of the accident.
Wrongful death: If your loved one died from injuries sustained in the car accident, your family will also have two years to file a lawsuit, but the deadline starts on the day your loved one died.
Property damage: Seeking fair compensation for damaged or destroyed property also carries a two-year deadline.
Product liability: If you suffered injuries due to a defective product, the deadline is generally four years.
Breach of contract: If the insurance company is not honoring your personal injury protection (PIP) claim, you could have four years to file a lawsuit.

There are also exceptions to consider when determining your time to sue.

Exceptions That Influence When to Sue After a Florida Car Accident

There are multiple exceptions that may apply to your Florida accident claim timeframe, such as:

The Discovery Rule

This legal principle concerns when you should have known about your injuries. Certain conditions could obscure injuries. The discovery rule considers when it would have been reasonable for you to become aware of them. To ensure your injuries are diagnosed, we advise clients to see a doctor as soon as possible.

Tolling or Pausing the Deadline

Certain conditions could pause, legally referred to as tolling, the start of the legal deadline. These conditions include:

If the victim is a minor, the statute of limitations may be tolled until their 18th birthday.
If the victim is mentally incapacitated, the toll would lift once the individual regains capacity.

In some instances, the statute of limitations may not begin until the at-fault party has been found and identified, such as with:

Hit and run accidents
Concealed identity
Out-of-state drivers

Claims Against Government Agencies Have Shorter Deadlines

If you are pursuing compensation from a negligent party affiliated with agovernment body, you will have even less time to file a lawsuit. You must file our notice of claim within 90 days of the accident.

When You Can Step Outside the Limitations of Your PIP Coverage

Florida follows a no-fault auto insurance system. Under this system, all drivers must carry the following car insurance coverage:

Personal injury protection (PIP) covers 80% of your medical expenses, 60% of your lost wages, and $5,000 in death benefits.
Property damage liability (PDL) covers damage you cause to another’s property, such as car repairs.

Each policy must carry a minimum of $10,000, and PIP is available regardless of fault. However, $10,000 is often insufficient to coverserious injuries, such as head trauma, loss of limbs, and organ failure. In these cases, the law allows you to step outside the no-fault system and file a lawsuit against the at-fault party.

Prompt Action Is Imperative

If you have been in a car accident, it is very important that you take certain actions as soon as possible to protect yourself:

Move to safety: If you can, try to get to the side of the road away from any oncoming traffic but without endangering yourself.
Check for injuries: Check yourself, your passengers, and the other vehicle for injuries.
Call 911: Inform the operator of everyone’s medical needs and wait for emergency responders.
Exchange information: Collect the name and insurance information from the other driver.
Collect evidence: Take photographs of the accident scene and ask witnesses for their contact information.
See a doctor: Go to the emergency room or see your primary care doctor as soon as possible to diagnose your injuries.

Then, speak with a car accident attorney about your case. The sooner you can involve an attorney, the sooner they can start investigating the accident, collecting evidence, and dealing with the insurance company. They will have the resources to build your personal injury claim and know when to file a lawsuit for your damages.