So, you’ve been in a car accident, and now you’re left with feelings of fear and anxiety. Car accidents are stressful, but knowing what to expect can reduce stress and help you make good decisions throughout the process.
Florida’s insurance laws differ from those of many other states. In this article, we’ll discuss the timeline starting from the crash itself to the point when you receive compensation.
Step 1: Immediately After the Accident
The steps you take immediately after an accident can affect you for weeks or months to come. Knowing what to do after an accident can help ensure you receive proper compensation.
- Call 9-1-1 to alert the authorities when a serious accident occurs. It’s mandatory to call 9-1-1 if the accident involves injuries or fatalities, property damage over $500, suspected impaired driving, hazardous conditions, or a hit-and-run.
- Gather evidence. Take pictures of the accident, including photos of the scene, your vehicle and the other driver’s vehicle.
- Police report establishes a foundation for the claim. Filing a police report is particularly important if you plan to file a claim after the accident. The police report will serve as the basis for the claim.
- Seek medical treatment within 14 days. Seeking medical treatment within 14 days is a Florida PIP requirement.
Step 2: Initial Medical Treatment and Documentation (First Weeks)
Documenting injuries and treatment procedures will help you when the time comes to file a claim. Any medical bills and records will become critical in valuing the claim.
- Create a file of documentation.
- Start a timeline to share with your attorney or insurance company.
- Take careful notes about events that occur without specific documentation. When taking notes, record dates, times, locations, and other treatment specifics.
Step 3: Filing the Claim (Weeks 1–4)
Notify your insurance company as soon as possible after the claim occurs. If the at-fault driver is insured, their insurance company will likely cover the expenses. PIP covers initial expenses, but more serious injuries often require pursuing the other driver’s liability coverage. In some cases, a third-party claim may be filed. Regardless of whose insurance is billed, it’s always important to maintain documentation.
Step 4: Investigation and Negotiation (1–6 Months)
In the months immediately following a car accident, insurers conduct investigations to determine fault and liability. During this time, they review evidence, interview witnesses, and request medical records.
You may decide to get an attorney. If you do, your attorney’s role is to represent you and help you get compensation for medical bills and other expenses related to your accident. The attorney may gather proof, calculate damages, and negotiate with adjusters. If your claim is straightforward, it may be resolved during this stage.
Step 5: Filing a Lawsuit if Needed (6–18 Months)
When claim negotiations fail, a lawsuit may be filed to help you recover damages relating to your accident. In Florida, the statute of limitations for most car accident lawsuits is two years, meaning you generally have two years from the date of the accident to file a claim in court. If you do file a lawsuit, your attorney will go through a discovery process involving depositions, expert witnesses and evidence exchange. The length of this process depends on court schedules and the complexity of the case.
Factors That Can Affect Your Settlement Timeline
Many factors can affect your settlement timeline, including:
- Severity of injuries: More severe injuries may add complexity to the case, leading to a longer settlement timeline.
- Disputes over fault: When both drivers believe they are not at fault, resolving the dispute can take time.
- When multiple parties are involved: determining whose insurance will cover the accident can be complex.
- Insurance company tactics and willingness to negotiate: Some insurance companies are aggressive and unwilling to settle.
For the fastest resolution, work with an attorney experienced in representing car accident victims. An experienced attorney will know the strategies to succeed in this process. To contact an experienced Florida attorney, call Thomas Ueberschaer.
Step 6: Settlement or Trial Outcome
Compensation for a car accident should be comprehensive, covering medical bills, lost wages, pain and suffering and future care. Most cases settle before trial, but in some cases, a trial is necessary for fair compensation.
Why Having a Lawyer Matters
Attorneys know which tactics to use to push insurers to move faster. Having a good attorney can help protect you from accepting a lowball offer. An experienced attorney will also assist in navigating Florida’s legal deadlines and maximizing recovery.
Contact an Attorney You Can Trust
Every case is unique, but understanding the typical timeline helps set realistic expectations. You don’t need to navigate the process alone. Contact Tom Ueberschaer for guidance on your car accident settlement. Call today.