The settlement process for a car accident happens over several steps and can take months to a year, and in some cases, years. In order for there to be a settlement, there must first be an insurance claim. Insurance claims must be filed promptly after an accident and the specific amount of time varies depending on the insurance company. Accident victims have four years from the date of the car accident to file a lawsuit. Florida’s Statute of Limitations bars a auto accident lawsuit from being filed after four years.
Florida Auto Accident Lawsuit: What To Do First
File a Claim with the At-fault Party’s Insurance
Immediately after an accident, you will file an insurance claim with your carrier. Delaying communication with the insurance company about your accident could hurt your claim and settlement process. Florida requires a minimum of $10,000 in PIP (personal injury protection) coverage, which covers medical expenses, lost wages, and other related costs after a car accident in Florida. This is the minimum however, and the drivers involved in the accident may have higher limits.
Florida is a no-fault state and uses a comparative that was updated in 2023. If you are less than 50 percent at fault for an accident, you may still receive compensation. However, your compensation will be reduced by your percentage of fault. For example, if you are 30 percent at fault, your settlement will be reduced by 30 percent. In that case, you would receive 70 percent of the total settlement. If you are 51 percent or more at fault, you cannot recover damages in a personal injury lawsuit in Florida.
Insurance Company Will Determine Fault and Liability
Insurance companies often use the police report to determine who was at-fault. If a driver receives a ticket for running a red light, reckless driving, or speeding, they will likely be deemed at fault. Police reports include a narrative of the officer’s perception of the accident. They also contain witness statements and relevant statements from drivers and passengers.
In addition to the police statement, insurance companies will also use statements from the drivers to assign fault. Sometimes insurance companies disagree with each other about which driver is at-fault. In some cases, liability will be split and the payout will be adjusted accordingly. Having an attorney in more complicated car accidents can help the victims navigate the claims process and receive the compensation that they deserve.
Negotiating a Car Accident Settlement
The negotiation process for a car accident settlement can take weeks, months, or even years. The timeline depends on the complexity of the case. In straightforward cases without injuries and with property damage under PIP limits, insurance companies handle the settlement. They work together to determine the payout efficiently. These types of car accidents happen every day and are settled within a month to several months.
However, in car accidents in which there are injuries and substantial property damage, an attorney may be necessary to protect the victim’s rights and ensure fair and just compensation. This is especially important if the victim(s) is facing mounting medical expenses, property damage, lost wages, and pain and suffering.
In the former case that does not have extensive property damage and reported injuries, there is typically back and forth negotiating between the insurance companies until the policy owner is sent a proposed settlement and liability release. If both parties agree, this settlement agreement is signed. Once this agreement is signed by all parties, it waives your right to pursue further legal action in exchange for the settlement.
What If a Settlement Cannot Be Negotiated in an Auto Accident Lawsuit?
Insurance companies and attorneys deal with the claims process. Sometimes parties cannot reach an agreement when it comes to a settlement. Attorneys who work for the insurance companies may sue each other or an attorney who represents the accident victim(s) may sue the at-fault party’s insurance company. At this point, a lawsuit is in motion. Most of the time, 90 to 95 percent of cases settle before going to trial. Trials are expensive and not always predictable. Insurance companies usually prefer to settle with the plaintiff instead of going to court.
If you have an attorney representing you and the case goes to trial, then the court will assign a trial date. These trials usually last several days to two weeks. A judge or jury will decide the verdict. The trial includes a number of particular steps including jury selection (if applicable), opening statements, witness testimonies and the presentation of evidence, cross examinations, and closing arguments. The judge or jury then decides the verdict and settlement amount.
Receiving Payment
Once the settlement agreement is signed, the insurance company issues a check to either the accident victim or the attorney representing the accident victim. Most of the time this is a lump sum rather than incremental payments.
In the event that there is a trial, the defendant generally has 30 days to pay the plaintiff and if compensation is not paid out in this timeframe then interest may accrue on the payment amount. Further, the plaintiff may ask the court to enforce payments. If the case is appealed, however, that may delay the payment process.
Why Choose Clayton Trial Lawyers for your Car Accident Claim
Clayton Trial Lawyers can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. Therefore, it is important to receive legal advice first. Your attorney can guide you on getting full compensation for your vehicle. They can also help ensure you receive the best medical treatment available.
If you or a loved one has been involved in a car accident, don’t wait to get the legal help you deserve. Contact Clayton Trial Lawyers today for a free consultation.