If you or a loved one were injured in a car accident, it can be difficult to know what to do next and who to trust. Your insurance company may seem like the right place to turn, but they do not have your best interests in mind. We recommend relying upon a Winter Springs personal injury lawyer to help you through this difficult time.
Contact the legal team at the Law Offices of Anidjar & Levine for a free consultation. We work on a contingency fee basis, which means we do not get paid until you do. Together, we will help you negotiate with your insurance company, determine your best course of action after a car accident, understand your legal rights, and pursue the compensation you deserve.
Car Accident Law in Florida
Drivers in Florida are required by law to maintain a specific type of car insurance called personal injury protection insurance (PIP). As a “no-fault” state, Florida requires that you file first with your own insurance company if you are in a car accident to receive any compensation for injury or property claims.
Florida law requires each driver to carry $10,000 of PIP insurance along with $10,000 in property damage liability (PDL). Under this Florida law, you must also always contact the police after a car accident and file an official accident report. After the car accident, you must contact your own car insurance company first in order to file any claims. Depending on the circumstances, you may be able to also seek compensation from the other driver’s insurance.
PIP Claims
The legal deadlines surrounding filing PIP claims are quite different than requirements for other types of insurance claims. The initial deadline relates to any medical treatment that you receive after a car accident by a medical professional. According to the PIP law, you must seek a medical assessment by a doctor, nurse, or another medical professional within 14 days of your car accident in order to be eligible for PIP benefits. Even if you qualify for PIP benefits, if you do not seek medical treatment within this time, you will not be compensated for your claims. Additionally, after submitting your insurance claim, Florida law 627.736(4)(b) states that your insurance company must accept or deny your PIP insurance claim within 30 days.
Insurance Company Settlements
Insurance companies are slow to settle any type of insurance claim. However, Florida statute 634.336 states that any insurance company in Florida must either affirm or deny coverage within a reasonable amount of time after receiving the claim from the victim of a car accident.
If you find yourself without an answer from your insurance company, without any valid reason for the delay, it is a violation under Florida law 634.336. Our legal team can help you negotiate with your insurance company, as well as determine if they did not fully investigate your claim or pay your claim appropriately.
Insurance companies are prohibited by law to act in bad faith against any car accident injury under Florida statute 624.155. If the actions, or lack of action, of your insurance company, have the appearance of impropriety or were performed in bad faith, our car accident attorneys can help you file your claim in court to compel the insurance company to pay you.
Florida Statute of Limitations
A “statute of limitations” refers to a law that limits your time to file a lawsuit. These deadlines are strict. If you do not file within the listed time frame, you will be barred from filing a claim, even if it is valid. According to Florida Statute section 95.11(3)(a), if you or a loved one suffered injuries in a car accident in Florida, you must file your lawsuit within approximately four years of the date of the car accident.
Contact a Winter Springs Car Accident Lawyer
Laws related to car accidents change often and rushing to settle a claim with your insurance company can leave you with less compensation than you deserve. If you have suffered any property damage or personal injuries due to a car accident in Florida, contact a Winter Springs car accident lawyer as soon as possible.
Medical bills, lost wages, and a damaged vehicle can be overwhelming. The Law Offices of Anidjar & Levine will help you determine what actions are available to you, help you understand your legal rights, and work with insurance companies to obtain fair compensation. Call the Law Offices of Anidjar & Levine today for your free consultation and to find out how our legal team can help you.
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