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How Long Does Settling a Car Accident Claim in Florida Take? (2024)

Robert F. Spohrer

Car accidents are a leading cause of accidental injuries in the state. Sadly, these incidents also tend to generate substantial economic losses for those involved. If you or a loved one recently experienced a car accident, discuss your case with an experienced Florida car accident attorney. It’s important to know what steps you will need to take to ensure accountability for the incident and secure fair compensation to help you recover.

Filing an Insurance Claim for a Car Accident

Recovery from your recent car accident is likely to begin with an insurance claim. The state upholds the no-fault rule, meaning it is not technically necessary to determine who caused an accident for you to recover through insurance. However, you will be filing a claim against your own insurance policy. State law requires a personal auto insurance policy to provide at least $10,000 in personal injury liability protection and $10,000 in property damage liability coverage. If you caused your accident and need to file a claim against your own policy, your insurance carrier may increase your premiums in response.

You have a limited time in which to file an auto insurance claim after a car accident. Refer to the terms of your personal auto insurance policy, so you know your reporting requirements and do not miss the deadline to report your accident. Note that while you may only have a day or two to report the accident to your insurance company, you should wait to file your claim until you consult an attorney. Notify the insurance carrier of your accident but inform the representative that you need to speak with your attorney before discussing a settlement.

When it comes to the time it takes to settle a car accident claim, this usually only takes a few weeks as long as you file your claim promptly with all the required documentation. It’s wise to have an attorney draft your claim to the insurance carrier. This will streamline the claim filing process, and you will be prepared to swiftly address any disputes that arise with your attorney’s assistance.

Resolving an Accident Claim

An experienced car accident attorney can help their client accurately assess their claimable damages and verify that their insurance carrier handles their accident claim in good faith. Insurance companies tend to look for reasons to deny claims or justify lowball settlements, but once they see a claimant has legal counsel, they are less likely to try these tactics.

In the event that your insurance coverage cannot fully compensate your damages and the other driver was clearly at fault, you may have grounds to file a personal injury claim against them to secure compensation for outstanding damages. There are specific rules for this type of case due to the state’s no-fault rule, but if you believe you have grounds for such legal recourse, you will need an experienced attorney’s help to succeed with the claim.

FAQs About Settling a Car Accident Claim in Florida

How Long Do Insurance Companies Have to Settle Claims?

Under state law, an insurance carrier has 90 days to settle a claim from the date it is filed. The insurance company has the right and the responsibility to investigate every claim for coverage quickly and in good faith, and it also faces additional requirements regarding notifications about different aspects of the claim. Failure to abide by these rules can lead to serious penalties for the insurance carrier.

How Long Does Getting a Claim Settlement Check for a Car Accident Take?

On average, car accident victims typically receive their insurance claim settlement checks within four to six weeks of filing their claims. Hiring an experienced attorney to assist with your claim can potentially streamline the claim process, and an insurance carrier is less likely to attempt any bad faith handling of a claim when the claimant has legal counsel advising them.

What Is the Average Settlement for a Car Accident?

Car accident settlement amounts in the state vary based on a variety of factors. It’s possible for the claimant to recover full recompense for their economic losses, including vehicle repair costs and medical bills, but their insurance may only cover so much. As a no-fault state, Florida law requires every driver to claim against their own auto insurance when an accident happens, regardless of who is at fault. However, if another driver is clearly responsible for causing your recent accident and you cannot fully recover through insurance, you may have grounds to file a civil suit and seek full compensation for your outstanding damages.

Who Pays for Damages From a Car Accident?

Every driver in the state must have their own auto insurance policy that provides at least $10,000 in personal injury coverage. This means you will file a claim against your own policy after a car accident, regardless of who caused the accident. However, if your injuries meet the injury threshold for a personal injury claim, you can file a civil suit against the driver who caused your accident to secure compensation for any losses your insurance won’t cover.

Do I Truly Need an Attorney to File an Auto Insurance Claim?

No law requires you to hire an attorney to help file your auto insurance claim. However, you are more likely to succeed with your claim in a timely fashion when you have an experienced attorney’s assistance. Your attorney can help draft your demand letter for coverage and resolve any issues that arise with your claim. They will also be invaluable should you need to file a subsequent personal injury claim against the at-fault driver.

Find Experienced Car Accident Attorneys at Spohrer Dodd

Recovering from any car accident can be more challenging than you initially expected, especially if you suffered catastrophic injuries due to the actions of another driver. However, if anyone else’s negligence or misconduct behind the wheel caused your recent accident, we could help ensure their liability for all the damages you suffered. Contact Spohrer Dodd today to schedule a free conference with an experienced, trustworthy attorney and learn more about the legal services we offer.