How Long After A Florida Car Accident Should You File An Insurance Claim?
After suffering injuries in a Florida auto accident because of another party’s negligence, your priority should be healing. However, while your recovery is important, you must also consider your legal rights. After being harmed in a Florida car accident because of another party’s negligence, you have the right to seek compensation from the negligent party through an insurance claim. Even as you focus on recovering from your injuries, it is crucial that you don’t forget to take appropriate steps to protect your right to compensation. You need to ensure you file your claim on time.
So, how long after a Florida car accident should you file an insurance claim? According to Florida Statute 95.11, you have four years from the date of your car accident to file your insurance claim. However, the sooner you file your insurance claim, the better. Typically, after a Florida car accident, it is best that you do not wait longer than a few weeks to file an insurance claim against the negligent party.
The Official Deadline
The official deadline for filing an insurance claim after suffering injuries in a car accident because of another party’s negligence is four years. And this time period generally starts on the date of your accident. If you allow four years to pass before you file an insurance claim against the negligent party, you will most likely lose your right to recover compensation.
However, a few exceptions apply. At times, the statute of limitations period can be tolled or extended. The statute of limitations for filing car accident claims can be tolled under, among others, the following circumstances;
- The defendant is in another state.
- Defendant avoids service through fraudulent means, for example, by using a false name.
- The injured party is a minor under the age of eighteen
Why Should You File Your Insurance Claim Quickly?
Even though the official deadline for filing a car accident claim against another party is four years, it’s best for you to file your claim as soon as possible. But why is it best to file your claim quickly even though you have four years to do so? Firstly, insurance companies are usually suspicious of delayed claims. If you wait to file your insurance claim, you might make the insurance company doubt whether your damages were truly the result of the accident. The insurance company might claim that your damages resulted from another accident and may use that argument to deny your claim.
Another reason why you should file your insurance claim quickly is evidence. Evidence may be lost or altered if you wait to file your claim. Also, it is easier to gather some pieces of evidence, such as surveillance footage, soon after an accident.
Lastly, it is best to file your insurance claim soon after your car accident when witnesses’ memories are still fresh. That way, their testimonies will be credible.
Contact Us for Legal Help
If you were injured in a Florida car accident because of another party’s negligence and need help recovering the maximum compensation possible, contact our Key West & Marathon car accident attorneys at Florida Keys Injury.