How to File a Car Accident Claim in Florida & Get Compensation

It’s important to take certain steps when filing your car accident claim and pursuing compensation. It starts in the moments following the crash. Report it to your insurer right away and begin gathering evidence if you are able. You also need to be aware of state laws, such as legal filing deadlines, to protect your right to compensation.

Going through the claims process when you’re hurt and trying to heal isn’t easy. That’s why you want to hire a Florida car accident attorney from our firm. They can take the lead on your case and fight for fair compensation on your behalf.

The First 24 Hours After a Car Accident Can Be Crucial for Your Claim

What you do or don’t do immediately following your car accident can affect your claim and its validity. With that, make sure you do the following to protect yourself as soon as you are able.

Report the Car Accident

In Florida, you must file a police report if you were in a collision that resulted in at least $500 in property damage, injury, or death, per Florida Statutes § 316.065. Otherwise, you may face penalties.

If someone calls law enforcement to the scene, the responding officer usually fills out a report on your behalf. It typically includes this information:

• Date, location, and time of the crash
• Those involved and their information
• Witness statements
• If there were any injuries or deaths

You may pick up the report from your local precinct or order a copy online. It’s generally ready after a week or so. This document is crucial evidence for your car accident claim, as it helps provide an objective view of the crash itself.

Gather Evidence of the Car Accident and Its Effects

The more documentation you have of the crash, the stronger your claim can be. On top of the police report, other evidence you may submit could include:

• Traffic camera surveillance that recorded the events that led up to the crash and the aftermath
• Repair estimates if your vehicle was damaged or totaled
• Photographs that capture the road conditions, visible injuries, and the vehicles involved
• Medical records to prove your injuries and treatment costs
• Witness statements from both experts and bystanders

Write down all your memories of the accident, as your testimony will help us construct your case. If you have any other information that you think could bolster your claim, let us know. Sometimes, the seemingly smallest details can make a difference.

Notify Your Insurance Company

You should alert your insurance company about your car accident as soon as possible. Every policy varies, so check your policy to see exactly how much time you have. Your notification will kick off the claims process. It’s also your time to ask your adjuster any questions about what steps you need to take to ensure a smooth claim. Failing to tell them about what happened could result in a claim denial.

In addition, to qualify for personal injury protection (PIP) coverage, you’ll have to seek medical attention within 14 days, per Florida Statutes § 627.736. There’s a mandatory PIP minimum of $10,000. It’s not uncommon for victims’ losses to exceed policy limits.

If you find yourself in that situation, you can pursue more compensation through other avenues, which our personal injury lawyers can help with.

Knowing How Long You Have to File a Car Accident Case in Florida Is Vital

To protect your right to compensation, you need to make sure you are abiding by Florida’s statute of limitations for accident lawsuits. Under Florida Statutes § 95.11, most people have two years to file a lawsuit. In rare cases, claimants may be eligible for an extension, such as when a minor was injured in an accident. Still, time is of the essence in legal cases.

If you don’t bring your lawsuit by the applicable deadline, the court may disqualify you from taking any legal action against the liable party. You can still negotiate, but you will have no leverage over the insurance company.

That would mean that you would have to pay out of pocket for whatever the settlement offer doesn’t cover. You can prevent this by calling us right away. Our auto accident lawyers will work to file suit on time.

Compensation You Can Get in a Car Accident Claim in Florida

Every case is unique. Two people could be in the same crash in the same car yet sustain different types and degrees of losses. In our 50+ years of helping clients, however, we’ve seen many of them qualify for many of the same following forms of compensation:

• Medical care expenses
• Pain and suffering
• Loss of income
• Future loss of earning power
• Disfigurement
• Property damage
• Mental anguish

If your loved one passed away from their car accident injuries, one of our wrongful death attorneys can help the personal representative file a case on behalf of the surviving beneficiaries. Common damages recovered in these actions include burial and funeral costs, loss of wages, medical expenses, loss of consortium, and pain and suffering.

How a Car Accident Lawyer From Our Firm Can Assist You

Filing a claim and fighting for the money you need can get complicated. The insurance company might push back, liability may be disputed, or your next steps may not be clear. Our law firm can take charge of your claim, allowing you to focus on recovery. We can:

• Order the crash report
• Collect evidence
• Prove negligence
• Build and submit your claim and/or lawsuit
• Pursue fair compensation, be it in settlement negotiations or court
• Handle all communication

You won’t be left out of any part of your case. We prioritize giving our clients all the information they need. We have written all types of media and even host a weekly talk radio show called Law Talk Live, as well as a podcast. At the same time, we’ll be in touch with you and make ourselves available to you so you can answer your questions when you need us.

File a Florida Car Accident Claim and Get Compensation With Us

For help with filing a car accident claim and getting compensation for your losses, call Meldon Law today. We give free consultations and work on contingency.