How Long after a Car Accident Can You Claim Injury?

When you’ve been in a car accident, dealing with your injuries is likely taking up most of your time. It’s important, however, to keep in mind that you have insurance issues to address. So, how long after a car accident can you claim injury? This can be easily answered by Fort Lauderdale car accident lawyers at BK Law.

The amount of time you have for filing a claim with your insurance company after a car accident depends on the terms of your insurance policy. You may have to notify immediately or within 24 hours. In some cases, insurance companies will simply say “promptly,” or “as soon after the accident as possible.”

The lack of a specific timeline can give you a little wiggle room, but you really should act quickly so you can get the process moving.  The specific terms should be in your policy, so you should take the time to review it to be certain.

In addition to the terms of your insurance policy, there are other legal deadlines such as Florida’s statute of limitations (more on that later) that may come into play. So, don’t wait.

How Do You File a Claim with Your Car Insurance Company?

When you notify your insurance company about your accident, they’ll ask you for some information such as:

• Who was involved
• Other driver’s vehicle and insurance information (if you have it)
• When and where the accident happened
• Copy of the police report
• Any pictures you may have taken
• Witness contact info if you were able to talk to them

What Happens If You Don’t Report a Car Accident?

You should always report a car accident in Florida. The state requires that accidents be reported when anyone involved (driver, passenger, biker, pedestrian) is injured or killed. Florida also requires reporting if there’s more than $500 worth of property damage or if a commercial vehicle was involved. Aside from state requirements, here are a few other risks you’re taking if you don’t report a car accident:

• If you’re sued, your insurance company won’t have information from your side of the accident
• You may think you have no injuries at the time, but if they manifest later, you won’t have recourse without a record of your accident
• Vehicle damage may also come to light after the fact, but you won’t be able to recover for the damage
• Some insurance policies require that you report the accident or you may be forfeiting coverage

When Not to File an Auto Insurance Claim?

Filing an insurance claim can often trigger an increase to your rates, which most people try to avoid. It’s understandable, and there are some situations where it might make more sense not to file. As long as the damage was minimal and there are no injuries, you might consider not filing. A few examples of situations where it might be okay not to file a claim:

• If you were in a single car accident and the damage to your vehicle was nominal
• When the claim you’re filing amounts to the same or less than your deductible
• If the claim you’re filing will result in a rate increase that would end up being more than the cost of handling the repairs yourself
• Minor accidents like a small fender bender that you and the other driver agree to handle outside of insurance

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How Long Do You Have to Report an Accident?

As noted above, Florida requires that car accidents that meet certain guidelines be reported. Specifically, if the accident resulted in injuries or death, or if damage was greater than $500, you must report the accident to the police. In Florida, you have 10 days to report an accident. Filing a police report can also help you down the line when the insurance companies investigate to determine fault.  

What Is the Statute of Limitations for Filing a Lawsuit?

Every state has a limit on the amount of time you have in which to file a lawsuit. In Florida, personal injury lawsuits like car accidents must be brought within four years following the accident date. For wrongful death, that time is reduced to two years. This time limit is called the statute of limitations. It’s important for both sides to have a limit on when a lawsuit is brought. Evidence is more likely to be available and well-preserved, and witnesses are more likely to remember what happened. It’s also helpful to the person who may be sued to know when the window has closed for a lawsuit so they aren’t always looking over their shoulder wondering when or if a lawsuit is coming.

What to Do after a Car Accident?

After you’ve been in a car accident, you may feel a bit disoriented, but it’s important to maintain your composure and try to take certain steps that can help you in the event of legal action. Immediately after your car accident, keep in mind these key steps:

• Stay near the accident site but at a safe distance
• Call 911
• Check to see if anyone else in the accident needs help
• Exchange contact info with witnesses and other drivers
• Do not admit blame for the accident
• Notify your insurance company
• Take photos and jot down any info about the site, including car damage, injuries, and road/weather conditions
• Contact a personal injury lawyer

To learn more, schedule a free consultation with us today.

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What Is the Legal Proceeding for Damages in a Car Accident?

Most car accident cases settle before going to trial. However, if your case does proceed through the legal system, here’s what you can expect:

• Your attorney will file a legal complaint in the court system that lays out your argument and the parties involved
• The defendant is served, which means the complaint has been given to the defendant
• After the defendant responds, you enter the discovery phase, which involves requesting information from each other to help bolster your case
• Your case goes to the courtroom
• A jury is selected after answering questions to determine whether they can be objective
• Lawyers for each side make an opening statement presenting what they intend to prove
• Witnesses—including experts and those at the scene—are asked for their testimony
• Lawyers for each side make closing arguments reiterating why the jury would vote in favor of their client
• Jury goes off to deliberate and returns with a verdict

Is It Possible to Get an Extension on the Car Accident Statute of Limitations?

If you miss the four-year statute of limitations deadline in Florida, you may be able to get an extension in rare cases. For example, if you or the others injured in the accident weren’t in a condition to file a lawsuit (e.g., coma) or if there was military deployment involved, the court is likely to grant an extension in such a case.

What Should You Do Before Filing a Car Accident Claim?

While you have to report a Florida car accident within 10 days, insurance companies have their own deadlines that may be earlier than those required by the state of Florida, so always be sure to check your policy. Reporting the accident and filing a claim are two different things. Depending on the terms of your policy, you don’t necessarily have to file your claim with the insurance company within 10 days. Some insurance companies allow 30 days for filing a claim, as long as you’ve filed a police report within a certain amount of time. Be sure to gather any documentation required by the insurance company and submit according to their deadlines. Work closely with the insurance adjuster assigned to your case.

When Should You Delay Filing an Insurance Claim?

In general, you shouldn’t wait to file a claim. It’s best to notify your insurance company and have an attorney get the process started. However, in some situations, holding off might make sense. For example, some injuries may not be fully evaluated and you run the risk of making a claim for a lesser injury. This could happen in the event of a brain injury that manifests gradually. Some insurance companies may have restrictions that allow for only one claim per accident, which means you should ensure you’re capturing all possible needs because you might lose your chance to receive coverage for issues that arise at a later date. It’s tempting to file quickly to get the financial resources you need to pay the bills, but waiting could give you greater coverage that’s more inclusive. Even if your insurance company allows later claims, including everything in one claim is a lot less complicated. This decision involves balancing your medical issues with your need for finances—don’t try to tackle it on your own. This is just one more reason that having an experienced car accident lawyer can be a game changer. A good lawyer will be able to help you make this decision in a way that is most advantageous to you.  

What Are the Circumstances That Can Affect When You Should File?

When you file your claim can depend on a number of issues, some of which have been mentioned above. Other circumstances that could have an impact include:

• Minors may be able to wait until their 18th birthday
• Issues related to ridesharing (passengers in an Uber and Lyft accident)
• If anyone was uninsured
• Government vehicle involvement

Do Car Accident Claims Go to Court?

No, not all car accident claims go to court. In fact, most settle out of court. As long as you have a skilled attorney negotiating with the insurance companies, the likelihood of getting a fair settlement and avoiding a trial is high. Getting started early and building a strong case can go a long way towards getting a fruitful settlement. They don’t want to go to court if they can avoid it, and if you show them that you have a solid case that will do well in court, they’re likely to want to settle for what you’re asking.  

Hire a Good Car Accident Lawyer

At BK Law, we take pride in going the distance for our clients. You’re dealing with enough after a car accident. We can take some of the stress off your plate and handle the often messy legal issues so you can get the rest you need to make a full recovery. Trust us to go above and beyond in managing your case. Our clients are like family to us, and we fight just as hard for them as we would our own family members. Rest assured you’re in skilled, competent hands. We’ve been litigating personal injury cases for decades. We know what we’re doing and we know how to put you in the best possible position for a successful outcome. Give our law offices a call today to schedule a time to speak with our car accident attorneys. Your first consultation is at absolutely no cost to you, and we operate on a contingency fee basis, which means you pay anything unless we win. What have you got to lose? Call today.