When it comes to a Florida car accident settlement, no two cases are exactly alike. Since the facts vary from case to case, so will the settlement timelines. Nevertheless, most car accident settlement timelines have several features in common.
If you have any questions, contact the Tampa car accident attorneys at Mincone Personal Injury Lawyers today for a free consultation to learn more.
Florida’s “No-Fault” Auto Insurance System
Determining fault in car accidents consumes tremendous amounts of judicial resources. That is likely why Florida instituted its no-fault auto insurance system. This system governs compensation after most car accidents in the state.
Mandatory Car Insurance in Florida
When it comes to mandatory car accident insurance, Florida drivers only need to purchase the following:
- $10,000 in personal injury protection (PIP) insurance; and
- $10,000 in property damage liability (PDL) insurance
Notably missing is a requirement to purchase any form of bodily injury liability insurance. If you are hurt in a Florida car accident, however, your PIP insurance can cover your medical expenses no matter whose fault the accident was.
By contrast, property damage resulting from car accidents is based on fault. If you were at fault, your PDL insurance will cover your liability for damage to someone else’s vehicle. If they were at fault, you can file a third-party claim against their PDL policy.
The Bodily Injury Liability Insurance Gap
Florida doesn’t require its drivers to carry bodily injury liability insurance. This could leave you with only $10,000 in PIP insurance to cover expenses that might vastly exceed this amount.
The at-fault driver might still carry liability insurance, but then again, they might not. You could prepare for this scenario by purchasing:
- MedPay insurance
- Uninsured/underinsured motorist insurance
- Umbrella insurance
Other forms of insurance, such as collision insurance, are available to pay for property damage.
However, note that there are some circumstances where you can file a claim against the other driver and escape Florida’s “no-fault” rules. One such exception is if your financial losses exceed your PIP policy limits. A lawyer can help you evaluate your best options during a free consultation.
PIP Deadlines
The following deadlines apply to any PIP claim you might assert:
- You must seek medical treatment within 14 days of your injury
- Your PIP insurer must pay your claim, if at all, within 30 days after you file it
These deadlines can get more complicated, so talk to a Florida personal injury lawyer as soon as possible.
What About Non-Economic Damages After a Florida Car Accident?
Non-economic damages like pain and suffering and emotional distress account for a significant portion of the average personal injury award.
In a no-fault claim, however, you cannot even ask for a dime in non-economic damages. This is a major disadvantage of the no-fault system.
Is There a Loophole That Will Allow Me To Escape No-Fault Limitations?
Yes, potentially. There are a few exceptions to the state’s no-fault system. One is if your losses exceed your policy limits. Another is if you sustain a “serious injury” as defined by state law.
Not all of these exceptions will allow you to recover non-economic damages, but they will at least allow you to file a claim for more compensation than what your PIP insurance can offer.
Settlement Timeline for Fault-Based Car Accident Claims
If an exception applies, you can exit Florida’s no-fault system and demand more compensation. The only disadvantage is that you will have to prove that the other driver was at fault.
Gather Evidence at the Scene of the Accident (If You Can)
When it comes to evidence gathering at the scene of a car accident, you need to strike while the “iron is hot.” That means exchanging contact and insurance details with the other driver, getting contact details from witnesses, photographing the accident scene, and more, as is relevant to the situation.
Don’t leave the scene of the accident except by ambulance or with the permission of the police after their investigation. Don’t try to gather evidence if your injuries are too serious to risk it.
Get a Personal Injury Lawyer on Board
If your injuries are serious enough for you to suspect that you might be able to exit the no-fault system, you should talk with a Florida car accident lawyer. Most of them will be happy to schedule you for a free case consultation.
Perform a Preliminary Investigation
A preliminary investigation will involve gathering evidence such as:
- Your medical bills
- Your medical records
- Evidence of your lost earnings
- Witness statements
- Any other relevant evidence (e.g., cell phone records, event data recorder data, etc.)
Your attorney may also consult expert witnesses if your claim or injuries are complex.
Draft and Send a Demand Letter
You’ll probably need to send a formal demand letter to kick off negotiations. Have your lawyer prepare the letter, along with supporting documentation. They will send it to whoever you expect to pay your claim (probably an insurance company). The letter should include a specific deadline for a response.
File a Lawsuit If Necessary
You may need to file a personal injury lawsuit, even if you’re planning to settle your case. A lawsuit can benefit you in a few different ways:
- It will get the opposing party’s attention
- It will beat the statute of limitations deadline
- It will get you (and the opposing party) access to the pretrial discovery evidence-gathering process
You can continue negotiating a settlement while your lawsuit is pending.
Mediate If Necessary
Pretrial discovery should generate enough evidence to allow you to settle your case with the opposing party, assuming that the facts are on your side. If you still can’t reach a settlement, you might need to bring in a trained third-party mediator.
Draft and Sign a Settlement Agreement
Once you agree on a settlement amount, you’ll need to draft and sign an agreement. Your lawyer and the opposing party’s counsel can negotiate the exact wording of the settlement agreement.
Disbursement of Funds
If you’re negotiating with a large insurance company, it might take a few weeks after you sign the settlement agreement before you actually get the money. The money will first go to your lawyer’s escrow account.
Then, they will deduct their own legal fees plus any other appropriate amounts (a medical lien, for example). The rest of the money will go to you.
Contact the Tampa Car Accident Lawyers at Mincone Personal Injury Lawyers for a Free Consultation
If you were injured in a crash in Tampa, FL, legal guidance is just a phone call away. Our team can help you investigate the collision and identify all sources of compensation. We will also keep you updated on the progress of your case from start to finish.
If you’ve been injured in an accident in Tampa, FL, contact our skilled car accident lawyers at Mincone Personal Injury Lawyers to schedule a free consultation.
We proudly serve Hillsborough County and its surrounding areas:
Mincone Personal Injury Lawyers
1925 E 6th Ave Ste 10
Tampa, FL 33605
(813) 800-0810
Our firm is located near you. We have an office in Tampa
Find us with our GeoCoordinates: 27.9593512,-82.4369179
About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
