Following a car accident, you may find it difficult to deal with the aftermath. As well as dealing with medical problems and insurance companies, you might also have to deal with unpaid bills and piles of paperwork. Learn what steps you should take immediately after an accident.
The law may help you recover some of your losses, but you might be liable for lost time and money while you wait for the insurance company to evaluate your case and could face unexpected delays as the parties dispute liability. Immediately following an accident, you should seek medical attention. A medical professional will be able to assess and determine the extent of your injuries. Most people don't realize they have been injured until hours or days after the accident. A proper medical examination will verify the extent of your condition, and help build your case for compensation.
The Florida statute of limitations allows you 14 days to get medical care and obtain documentation of your injuries. If you incur injuries or damage after that period, your insurance company will not cover you. When you have a medical professional evaluate your injuries, it will provide you with peace of mind and allow you to have a record of any injuries sustained during the accident.
Make sure that you notify your insurance company immediately. Your claim will then be handled as quickly as possible by doing so. This will enable them to provide accurate and timely documentation. When this has been accomplished, you should consult with the personal injury lawyer in Florida. As a result of their experience in these claims, car accident attorneys can help you prepare a solid case. Witness testimony, crash scene documentation, and other types of persuading evidence can be gathered more quickly with their assistance.
Why Does the 14 Day Rule Exist?
The 14-day rule in Florida requires you to seek medical attention within 14 days of a car accident. You cannot file a PIP claim if you don't seek medical care within two weeks of the accident. Even if you suffer physical injuries, the 14-day rule states that you must first seek medical attention within 14 days of the accident in order to be eligible for compensation.
There are two reasons for the 14-day rule. First, if you wait too long for medical care, your injury may become worse. Injuries and complications can be minimized and prevented if you receive professional medical treatment as soon as possible. The second reason is proving the link between the accident and your injuries to the insurance company. When you seek medical treatment immediately after a car accident, the link between the accident and your injuries is evident. A car accident victim must get treatment within 14 days of the accident in order to ensure that their accident claim is valid and accurate.
Florida PIP insurance claims should be handled fairly by the insurance company. So what happens if they don't? How about if they refuse to pay you at all? In the event your insurance company fails to pay you fairly, you can sue them. The basis of your claim is that you are trying to enforce the agreement between the insurance company and yourself. Florida has a five-year statute of limitations on claims for breach of contract. Florida law 95.11(2)(b) specifies the limitations period. Having done everything you were supposed to do to make a claim and the insurance company doesn't pay you fairly, you can bring a lawsuit against them to force them to honor the contract.
Other Florida Deadlines You Should Know
The general rule is that insurers like to find out about accidents as soon as possible, so policyholders should report those accidents in a timely manner. Insurance companies may set specific deadlines for reporting crashes, such as 24 hours after the accident. However, this deadline is only for reporting the accident, and not for filing an injury or property damage claim. After a car accident, your insurance company will determine how long you must wait to file a claim. The time allotted to file a claim for your damages should be outlined in your insurance policy.
Florida Statute of Limitations
Insurance companies and attorneys usually negotiate the terms of a settlement outside of a courtroom in accident cases. At times, though, the parties are unable to agree. In such cases, your personal injury attorney will most likely advise you to file a lawsuit and proceed to trial. In spite of the fact that very few car accident cases reach the courtroom, you should understand the time frames you must meet if you need to file a personal injury lawsuit. In Florida, the statute of limitations for personal injury lawsuits (external link to https://hermanwells.com/legal-resources/florida-statute-of-limitations/, including those involving car accidents, is four years. As a result, car accident victims have four years from the date of the accident to file a personal injury lawsuit against the person responsible for their injuries.
If you miss this deadline, you may lose your right to recover compensation from the at-fault party. In cases where a lawsuit was filed after the statute of limitations had expired, the court may decide to dismiss the case immediately. A wrongful death case is subject to a different statute of limitations. Florida has a statute of limitations of only two years for these types of cases. In other words, if your loved one has been killed in a car accident caused by a negligent driver, you will only have two years to sue the responsible party.
How Soon to Report an Accident?
You can speed up the process of justice by reporting your car accident as soon as possible. The Florida law requires you to notify the police or highway patrol if you've been involved in an accident that involves:
- an accident resulting in death or an injury
- a hit and run
- an intoxicated or impaired driver
- property damage valued at $500 or more
As a Florida resident, you or your legal representative must file the car crash report with the Department of Motor Vehicles within ten days of the accident. The only exception to this rule would be if an officer was immediately dispatched to the scene of the accident. In the majority of cases when a police officer is dispatched to a crash site, the officer writes a report.
That report is filled automatically with the DMV. If state laws did not require you to report your accident, you should still file one if you intend to pursue any insurance or legal claims. After an accident, it is important to act quickly. Your car accident attorney will be able to build your case stronger if you act quickly.
Reporting the accident as soon as possible is for your protection and the protection of others involved in your car accident. Anyone who witnesses the crash may not recall the details of the accident if not reported right away. You don't want a witness to say, "I don't remember, it's been so long." The evidence from the crash will begin to disappear the moment you leave the scene. Generally, if poor road conditions or poor signage caused your accident, they will be resolved fairly quickly (which is why taking photographs at the scene is important). Supporting evidence for your auto accident case can come from all of these factors. It will be easier for an attorney to collect evidence and document witness testimony when it is still fresh in their minds.
When Should You Hire Car Accident Lawyer?
Experienced auto accident attorneys understand how to get insurance companies to pay you what you're owed after an auto accident. When you hire an experienced car accident lawyer, they'll fight for the most compensation possible. PIP claims are usually capped at $10,000, but if your injuries are severe enough, your lawyer can pursue additional legal action. You will need a lawyer to pursue PIP claims for the following reasons:
- You may be entitled to increased compensation for your injury.
- There is no fee unless you win.
- You can lose compensation if you make a legal mistake.
- While you focus on healing and getting better, the attorneys will work hard to obtain a fair settlement for you.
- Rather than fighting the other driver, you have to deal with the insurance company, which can be complex and time-consuming.
Injured & Unsure? Contact Docs4PI in Florida
In Florida, you have 14 days to file a claim for injury after a car accident. If you have minor injuries, you have 14 days to seek medical attention. In the event that you do not seek medical treatment within 14 days of the accident, you are not eligible for a personal injury claim. You have four years from the date of the accident to file a lawsuit for compensation if you have suffered a serious injury that might result in a third-party claim.
Have you recently been involved in a car accident? Contact 1-888-DOCS4PI personal injury services. Our staff will connect you to people who can provide competent counsel. You can find qualified help in three easy steps using our service. Ready to learn more about how our services can help you?
