How Long Does a Rear-End Collision Settlement Take In Florida?

Generally, rear-end auto accident injury claims can take a few weeks to several months to settle. When disputes arise, resolving them is much easier with help from an experienced car accident attorney in Miami. 

Request a free case evaluation with our Miami car accident lawyers today.

Understanding Rear-End Collisions in Florida

Rear-end collisions are the result of a vehicle running into the back of another vehicle due to these causes: 

• Speeding: Driving at high speeds makes it more difficult to stop when traffic suddenly stops. 
• Following too closely: Tailgating provides insufficient stopping distances and reaction time. 
• Weaving in and out of lanes: Cars can be rear-ended when another driver is weaving between lanes and fails to judge the space between vehicles properly. 
• Distracted driving/texting while driving: Taking your eyes off the road, even for a few seconds, can result in rear-ending another vehicle.
• Driving under the influence: Operating a vehicle while under the influence of alcohol or drugs alters one’s perception and reaction time, which could lead to a rear-end accident. 

How Is Fault Determined in Rear-End Collisions in Florida?

While fault is assigned in rear-end collisions in Florida, it only matters after you exhaust your own coverage limits. Florida is a no-fault state, meaning you will file against your insurance first. 

Florida requires all drivers to have mandatory insurance coverage with a minimum of $10,000 in PIP (personal injury protection), and a minimum of $10,000 in PDL (property damage liability). PIP covers up to 80% of medical expenses and 60% of lost wages, as well as up to $5,000 for funeral costs in wrongful death cases. 

Underinsured/uninsured motorists, and medical payments, are optional insurance coverages you may have. You can also have higher coverage limits than the state’s mandatory minimum amounts, which is highly advisable. 

The process for filing a claim after a rear-end collision involves opening a claim with your own insurance company. If the extent of your injuries and property damage exceeds your coverage limits, you can sue the other driver for the difference. You are also allowed to sue the at-fault driver when you have non-economic losses, such as pain and suffering and mental anguish. 

It is highly advisable to speak with a Florida car accident attorney before filing your claim to ensure you understand your legal rights, and obtain the compensation you deserve. Additionally, you often need the assistance of an attorney to sue the other driver once you reach your coverage limits, or want to sue for non-economic damages. 

Common Injuries and Damages in Florida Rear-End Accidents

• Concussions
• Traumatic brain injuries
• Torn rotator cuffs
• Spinal injuries
• Shoulder injuries
• Back injuries
• Neck injuries
• Head injuries
• Broken and fractured bones
• Whiplash

Factors Influencing Rear-End Collision Settlement Timelines

Some of the many factors that determine how long it takes to settle a rear-end collision in Florida include:

• Severity of injuries: Minor injury cases usually settle faster than major injuries that require ongoing medicare treatment.
• Liability and fault: Although Florida is a no-fault state, proving fault and comparative negligence can come into play when you exceed your coverage limits, and have to sue the other driver.  
• Insurance company delay tactics: Insurance companies can use various delay tactics to delay negotiations and settling your claim. 
• Complexity of case: Complex cases involving multiple parties, or significant injuries, often require more time to reach a favorable settlement. 
• Refusal to settle: If the insurance company refuses to settle, the case must be litigated in court. 

Average Rear-End Collision Settlement Timeline

The average rear-end collision settlement timeline varies as follows:

• Minor injuries: A few weeks to several months
• Moderate injuries: Two to six months
• Severe injuries: Six months to a year

Settlement timelines also depend on whether the case can be settled, or has to be litigated in court. However, the vast majority of car accident injury claims are settled out of court, with a very small percentage ever going to trial.

It is vital to remember these timeframes are just estimates. The time needed to settle your case is based on the specific circumstances and extent of your injuries. 

Rear-End Collision Settlement Amounts

Rear-end collision settlement amounts vary based on the actual losses, such as medical expenses, lost wages, and pain and suffering. Estimates of average payouts are:

• Minor injuries: $6,000 – $10,000
• Moderate injuries: $40,000 – $100,000
• Severe injuries: $200,000 – $1,500,000

Insurance coverage limits also come into play. Your injuries may sometimes exceed your and the defendant’s coverage limits. Furthermore, if you are deemed partially at fault in comparative negligence laws, your settlement payout will be reduced by that percentage.  

Tips for Faster Settlements

• Seek medical treatment immediately: Delaying treatment can result in challenges by the insurance company, or a denial of your claim. 
• Gather evidence when possible: You must prove the other driver is at fault. Obtain a police report, take pictures, and obtain witnesses’ contact details.
• Obtain assistance from an experienced Florida car accident attorney: Enlisting the help of an attorney ensures you receive a favorable settlement.  
• Have your attorney file your claim: Let your attorney handle the claims process, and all negotiations with the insurance company. 

Contact a Florida Rear-End Accident Lawyer Today

After seeking medical care, it is worth your time to speak with a Miami rear-end accident lawyer at Bernstein & Maryanoff. Our law firm has successfully negotiated and settled numerous car accident claims for our clients, securing maximum compensation. We will properly value your claim, provide honest legal advice, and advise you when to accept a settlement offer. Contact our law firm for a free case evaluation today.

Speak with a Miami car accident lawyer now.

Sources:

FLA. STAT. § 647.7407. (2024).
FLA. STAT. § 768.81. (2024).
What Is the Recommended Amount of Auto Insurance in Florida? (2022).