How long do I have to file a claim after a car accident?

Ft. Lauderdale Personal Injury Lawyer

As the top Fort Lauderdale Car Accident Lawyer we are here to look after your rights. One of the most frequent questions we are asked is ‘how long do I have to file a claim after a car accident?’ It is important to get your claim in on time or risk losing out altogether.

We want to protect you from missing out on a potential claim because you haven’t got it in on time. This is our guide to making a claim in Florida if you have been involved in a car accident.

No-Fault state – what does this mean?

The system in Florida is known as a No-Fault system and this means that the first thing you do is give your car to your insurer so they can assess the damage and look at any damage or injury claims you make. This applies no matter who was at fault for the accident, so it is important to contact your insurer as soon as possible. If it is a serious accident then you can file a claim against the other driver if you believe they are at fault. Speak to us for more details on this.

What is the Statute of Limitations in Florida?

As you would expect, there is a limit to how long you can wait before following a lawsuit for injuries resulting from a car accident in Florida. Florida Statutes Title 8, Ch. 95, Sec. 95.11, states that you cannot file a lawsuit after 4 years. This 4 year period starts on the day of the accident, so if you think you have a claim then you need to act within that period of time.

How Comparative Fault Rates affect a claim

Florida also uses a comparative fault rate calculation to determine the size of any claim. This is often decided by a judge and they can apportion fault at a percentage rate.

For example –

  • Your total claim might be for $100,000
  • The judge decrees that you are 25% at fault in the accident
  • Your compensation therefore sits at $75,000

This can obviously affect the total payout of any auto accident lawsuit that is brought. You need to consider this en filing a claim.

What are the car insurance requirements in the state?

As the first choice for Fort Lauderdale Car Accident Lawyer we know that certain car insurance rules apply. You should speak to your auto insurer to ensure that you have adequate coverage to protect you. Uninsured and under-insured drivers can cause you problems if you are involved in an accident with them. You can add cover against this when you buy your auto insurance.

As the number one choice for Fort Lauderdale Car Accident Lawyer we know that you may have a lot of questions about an accident you have been involved in. We are here to help. Our dedicated team will answer any questions you have and give you all the advice you need to make your claim in the right timescale. Get in touch with us today.

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