Regarding how long after a car accident to wait to file a claim in Orlando, FL, delaying action really does not benefit you. You have four years to file a lawsuit from the date of the car accident under FL § 95.11. If you miss this deadline, called a “statute of limitations,” you will not be able to file a claim for your injuries and losses due to the car accident.
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The Statute of Limitations Could Impact Your Case
The statute of limitations deadline in Florida is four years from the date of the car accident. While this may seem like a long time, oftentimes there are obstacles that make bringing a claim challenging before that time frame. Insurance companies often prolong their investigations purposefully or use stalling techniques. Some insurance companies will continue to offer very low settlement compensation packages, hoping that a victim will grow weary of the process, and simply accept the lower amounts.
Oftentimes, insurance companies will simply stall and delay to attempt to have the victim miss the statute of limitations on purpose. Regardless of the tactic, insurance companies typically do not have the victim’s best interest in mind. The negotiation process with insurance companies can be extraordinarily challenging. Having a car accident attorney to handle your negotiations with insurance companies can be a useful tool to attempt to speed up the process to either receive compensation sooner or file your claim in court before the four-year deadline.
Exceptions to the Four-Year Statute of Limitations
There are some exceptions to the four-year statute of limitations deadline regarding filing a lawsuit for your car accident. The four-year deadline relates only to car accident claims that are based on the other driver’s negligence. If a person died in a car accident, it may be considered a wrongful death claim, instead of a negligence claim, and the statute of limitations is two years within the date of the death.
Another example of an exception to the four-year statute of limitations is if you are filing a claim against the government after a car accident. In these cases, you have three years to provide notice to the government that you are filing a lawsuit, but are unable to file the lawsuit until a six-month investigation takes place.
Deadlines for Filing Claims With Insurance Companies
Florida is a “no-fault” automobile insurance state, which means that you must first file a claim with your own car insurance after an accident through your personal injury protection (PIP) coverage, regardless of who is at-fault for the car accident. Only after you have done this can you file a claim against the other driver.
One important deadline imposed by FL § 627.736 is that you seek medical treatment within 14 days of your car accident to receive coverage of your medical bills leftover from your accident. If you do not seek medical attention within that period of time, you will lose the right to receive compensation for your injuries through your own PIP coverage.
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Contact a Car Accident Lawyer in Orlando, FL
How long after a car accident to wait to file a claim in Orlando, FL will depend upon your specific situation. While filing a lawsuit as soon as possible is always a preference, oftentimes detailed information is needed regarding your medical condition or the actual car accident investigation. Contact the attorneys at the Law Offices of Anidjar & Levine at 1-800-747-3733 to help you understand the timeline involved in filing your specific car accident claim.