Auto Accident Claim Timeline
After being injured in an auto accident in Florida, it is vital to act quickly to protect your legal right to compensation. While every case is unique, there is a general auto accident claim timeline.
It is equally important to seek free legal advice from Bernstein & Maryanoff, Injury Attorneys. We are committed to helping guide you through the complexities of the auto accident settlement process to ensure you get the compensation you deserve.
Immediate Steps After an Auto Accident
The immediate steps to take after being involved in a Florida car crash are:
- Check for injuries and call 911: Check for injuries, request emergency medical services, and call the police.
- Gather information at the scene: Florida law requires you to exchange information with the other driver. Collect contact details for any witnesses. If you are not seriously injured, take photos and videos of the accident scene, and any injuries.
- Seek medical attention: Even if you do not feel like you are seriously injured, it is recommended to still get a medical exam, as some injuries are not always immediately apparent. Florida has a 14-day rule for PIP benefits, requiring you to seek medical attention within 14 days of the crash.
- Notify your insurance company: Florida is a no-fault state, meaning you will initially file your injury claim against your own insurance. When notifying them, only report the accident and provide them with the police report number. Do not give a recorded statement or admit fault.
- Consult with a Miami car accident attorney: Request a free consultation to find out your legal rights, an estimate of your claim’s value, and the best way to secure a favorable settlement.
The Investigation and Documentation Phase
The investigation and documentation phase of an auto accident claim timeline typically takes a few weeks to complete, possibly longer in some cases.
- Obtain a copy of the police report: Request a copy of the police report online, over the phone, or in person.
- Keep your medical treatment and related documentation: You should keep any documentation related to your medical treatment, including continued medical care and specific doctor’s orders. Keep a record of your out-of-pocket medical expenses, and any lost wages for time off work. Additionally, have your doctor track your MMI (maximum medical improvement) as this has a significant impact on the value of your injury claim.
- Evidence collection by your attorney: Your attorney will assist you in gathering the needed evidence to file your claim. They will:
- Review the police report and medical records.
- Obtain witness statements and traffic cam coverage.
- Get expert opinions when needed.
- Value your claim using Florida auto accident laws.
Insurance Claim Process
Car insurance claims, and how long it can take, ranges between 30 and 60 days, and involves the following:
File the Insurance Claim
All vehicles registered in Florida are required to have a minimum of $10,000 in PIP and $10,000 in property damage liability (PDL) coverage. Your policy and that of the at-fault driver could have other types of coverages, or higher coverage limits than the state’s minimum mandatory requirements, such as:
- PIP
- Property damage
- Bodily injury
- UM/UIM
- Collision
- Comprehensive
- Medical payments
- Rental car reimbursement
- Accidental death and dismemberment
Insurance Company’s Response and Investigation
Florida law requires insurance companies to acknowledge they have received your formal claim within 14 days. After they receive it, the state gives them up to 30 days to conduct their own investigation. During this time, an adjuster may attempt to contact you. Never speak to the adjuster without your lawyer present, as they will use various tactics to reduce or deny your claim.
The Demand Letter
Your attorney will issue a demand letter for payment and send it to the insurance companies. The demand letter is a formal document that details the accident, the injuries and losses sustained, and the amount of compensation being sought.
Negotiation and Settlement Process To Reach a Resolution
The negotiation and settlement process is an attempt to resolve the car accident injury claim that is mutually acceptable between the victim and the defendant’s insurance company.
The process involves:
- Communication: Communication between your car accident lawyer and the insurance company lets them know your position and whether they are willing to settle your claim.
- Negotiating: You need an experienced injury lawyer to negotiate on your behalf because initial settlement offers from the insurance company are often low. Having an attorney makes it easier to secure a favorable settlement.
- Compromise: Your lawyer will inform you of any offers made by the insurance company, and whether you should accept the offer or not.
- Reaching an agreement: Once an agreement is reached, an office document is written that contains all the details of the agreement, and releases the defendant and their insurance company from any future liability.
- Payment: After the agreement is signed, the insurance company will have a set period to issue the settlement payment.
- Distribution of funds: Your settlement check will be sent to your attorney. They will assist you in paying your medical bills, legal fees, and any other expenses you incurred as part of your injury claim.
Why Lawyers Don’t Settle for “One Penny Less Than Your Case Is Worth”
Florida lawyers have an ethical obligation and fiduciary duty to you to help you obtain the maximum compensation you deserve.
Factors Affecting the Auto Accident Settlement Timeline
- Severity of injuries and extent of medical treatment
- Disputed liability
- Denial of liability
- Number of parties involved
- Insurance company responsiveness
- Complexity of the car accident insurance claim
Why a Lawsuit Might Be Filed
It might be necessary to file a lawsuit for an auto accident injury claim because:
- Negotiations fail to yield a fair insurance claim settlement.
- There are disputes over liability or damages.
- The victim wants to protect their right to sue before the Florida statute of limitations runs out.
The Litigation Process
- Filing the complaint: Your lawyer will file a complaint against the defendant and their insurance company. The defendant has up to 20 days to file a response to the complaint.
- Discovery: Both the victim and the defendant will undergo discovery, exchanging information and evidence, and taking depositions. Discovery can last several months.
- Mediation or arbitration: Before proceeding to trial, the court will require the parties to undergo mediation or arbitration to attempt to reach a settlement.
- Trial: Both parties will make opening statements, present evidence, call witnesses, and make closing arguments.
- Verdict: After closing arguments, the judge or jury will deliberate and reach a verdict in the case.
How Long Does a Car Insurance Claim Take if It Goes to Litigation?
It really depends on the circumstances of your case. Generally, when a case is litigated, it can add about a year, possibly longer, to your claim.
Time Limits and Deadlines of an Auto Accident Claim
Statute of Limitations
The statute of limitations for car accident injury claims in Florida is two years from the date of the accident. If you do initiate a claim in time, you cannot legally seek compensation from the responsible party.
PIP (Personal Injury Protection) Deadlines
You have 14 days from the date of the accident to seek medical treatment. If you fail to do so, your insurance company can deny your PIP benefits.
General Insurance Company Deadlines
Insurance companies have certain deadlines they must meet when processing a car accident injury claim in Florida:
- Acknowledgment of claim: The insurance company must acknowledge they received your claim within 14 days.
- Investigation: The insurance company has 30 days to conduct their own investigation.
- Decision and payment: Insurance companies have up to 90 days to make a decision. If your claim is approved, they have 20 days to issue payment.
These are general timeline guidelines, and complexities can cause delays.
How Bernstein & Maryanoff Can Help You in Florida
For over four decades, Bernstein & Maryanoff, Injury Attorneys, have been helping victims secure the compensation they deserve.
Our law firm helps our clients with:
- Comprehensive legal resources to secure a favorable settlement
- Investigation and evidence collection
- Accurate valuation of your injury claim
- Communication with insurance companies
- Negotiation for maximum compensation
- Litigation in court, if necessary
- In-depth trial experience
- Operate on a contingency basis, with no upfront legal fees
- “No Fees Unless We Win” policy
Don’t delay in obtaining honest legal advice after your car accident injuries. Let us help you secure a favorable settlement with maximum compensation. Contact us today for your free consultation.
FAQs
What If the Other Driver Doesn’t Have Insurance or Is Underinsured?
If the other driver is uninsured or underinsured, you would file against your UM/UIM coverage, and may also pursue a civil lawsuit against the at-fault driver.
Can You Still File a Claim If You Were Partially At Fault for the Accident?
You can still file a claim under Florida’s modified comparative negligence rule as long as you are less than 50% at fault.
How Are “Pain and Suffering” Damages Calculated in a Car Accident Claim?
Pain and suffering damages are calculated either using the daily per diem or multiplier method based on these factors:
– Severity of injuries
– Impacts on daily life and functioning
– Psychological and emotional effects
– How long it will take to recover
– The strength of evidence
What Is the Difference Between a “Cashless Claim” and a “Reimbursement Claim” in Auto Insurance?
A “cashless claim” is where you pay your deductible, and the insurance company pays the rest directly to the repair shop. A “reimbursement claim” is where you pay the full cost of repairs yourself, and then submit a claim to be reimbursed by your insurance.
Should You Accept the First Settlement Offer From the Insurance Company?
No, as the insurance company generally makes the lowest possible offer for a quick settlement. Consult with a Miami car accident injury lawyer before accepting any offer for a free, honest second opinion.
What If Your Injuries Appear After the 14-Day PIP Deadline?
If your injuries appear after the 14-day PIP deadline, your claim will be denied. However, if another driver is at fault, you can file a claim against their insurance for your injuries.
Sources:
FLA. STAT. § 627.736. (2025).
FLA. STAT. § 95.11(5). (2025).
Florida Insurance Requirements.
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