If you were injured in a car accident, you need to understand the insurance claims process before filing a claim for compensation due to injuries and losses. The car accident claims process in Florida can seem quite overwhelming, especially for someone trying to recover from injuries and financial losses.
The added stress of filing a claim and fighting for compensation can complicate an injured person’s recovery. For this reason, you should work with an experienced car accident attorney in Florida if you suffered injuries in an automobile wreck.
As dedicated and trusted attorneys at Glober+Glober, we assist clients throughout the entire state of Florida with insurance claims and can help you pursue fair compensation in the aftermath of car accidents. With a law office based in Jacksonville Beach, Florida, we proudly serve clients in Duval, Bradford, Clay, St. Johns, Baker, Nassau, and Union counties.
Personal Injury Claims in Florida
When filing a personal injury claim after a car crash in Florida, it is critical to understand state laws that can impact your ability to receive compensation. In particular, I am referring to these two laws:
- No-fault state. Florida has a no-fault law that requires car accident victims to turn to their own auto insurance providers for compensation regardless of fault. Thus, it means that you need to file a personal injury protection claim with your own insurance company even if you are not to blame for the accident.
- Pure comparative negligence fault. Florida uses the doctrine of pure comparative negligence. The doctrine can impact your ability to collect full compensation from the other party involved in the car accident. Under the doctrine, accident victims are entitled to compensation even if they were partially to blame for causing the crash. The recoverable compensation will be reduced in proportion to the claimant’s degree of fault.
Consider speaking with a knowledgeable attorney to find out more about your eligibility for compensation and the necessary steps to take to recover damages.
The Insurance Claims Process
The car accident claims process involves many steps, including:
- Reporting the accident. According to the Florida Department of Highway Safety and Motor Vehicles, Florida requires motorists to report crashes that involve bodily injuries, deaths, or an estimated $500 or more in property damage. However, even if the accident is not considered “reportable” under Florida law, you still need to report the crash to your insurance company. Failure to notify the insurer of the collision could result in the denial of your claim.
- Filing a claim with the insurance company. Since Florida is a no-fault state, you must file a claim with your insurance provider to obtain compensation after an accident. The insurer has 30 days to approve and pay or deny your claim.
- Proving negligence. Accident victims in Florida can file a lawsuit against the negligent party if an injury meets a certain threshold and prove the other party’s negligence. Elements of negligence include a duty of care, breach, causation, and damages. Consider contacting an attorney to help you prove your claim.
- Settlement. Finally, once you and the insurance company agree to a mutually acceptable settlement amount, you can settle your claim. However, do not accept the insurer’s settlement offer before you speak with an attorney. Your attorney will thoroughly analyze your case to ensure that the proposed settlement amount would fairly cover your losses.
Statute of Limitations for Car Accident Claims
Under Florida law, the statute of limitations for most injury claims arising from car accidents is four years from the date of the accident. The statute of limitations for death claims generally is two years. The statute of limitations is the time limit within which an injured party or his/her representative can file a lawsuit against the negligent party. If no lawsuit is filed before the deadline has passed, the victim loses the right to file a lawsuit.
Experience You Can Trust: Glober+Glober
If you were involved in an automobile wreck, do not attempt to handle the claims process alone. Some numerous complications and obstacles can arise during the car accident claims process. A skilled attorney can help you navigate the process and ensure that you seek fair compensation for your damages and losses.
As experienced car accident attorneys who used to work for insurance companies and the government in the past, we understand the insurance claims process from within and know what tactics insurance companies use to undervalue and deny claims. We have successfully handled claims for clients in Jacksonville, Jacksonville Beach, Tampa, Orlando, Fort Lauderdale, and many other locales in Florida. Contact us to get practical advice and immediate assistance during the claims process. We serve clients in Duval, Bradford, St. Johns, Union, Baker, Nassau, and Clay Counties and throughout the entire state.