The Florida Car Accident Statute Of Limitations
In all states, there are statutes of limitations to follow for a variety of different occurrences, and what this does is provides a time limit a person must follow if they wish to pursue a lawsuit or settlement of any kind. If a person misses the statute of limitations, and attempts to obtain a settlement, it’s likely their case will be dismissed. In the state of Florida, including Port Charlotte, a person has 4 years from the time of an accident to try to obtain a settlement or lawsuit, and the sooner a person pursues their compensation the better for their case.
If the car accident lawsuit involves a wrongful death, the statute of limitations moves from 4 years to 2 years, and the timeline begins on the date of the person’s death. When pursuing a lawsuit in the state of Florida after a car accident, no-fault accident laws require the cost of an accident to exceed the maximum amount insurance is able to cover, and the lawsuit being filed will be to cover the rest.
The Reporting Laws Of Florida After A Car Accident
Not all drivers are legally mandated to report accidents in the state of Florida. If a car accident causes less than $500 worth of damage to vehicles and property, and no injuries are reported, drivers may simply share information with one another and walk away. However, should getting any necessary compensation from an insurance provider down the line be something you’d like to do, a police report can provide a great piece of evidence.
For all car crashes causing more than $500 worth of damage, and those resulting in injury or death, the local police department must be notified of the accident as soon as possible. If the accident did not occur within a specific municipality, those involved in the accident will notify the office of the county sheriff rather than a local police department.
No-Fault Car Insurance Laws
Only about a dozen states in the United States observe no-fault car insurance laws, and Florida is one of them. These laws require injured drivers or parties to report to their own insurance providers first in obtaining compensation after an accident, and this rings true whether they consider themselves responsible for the occurrence or not. Filing a lawsuit or a claim against an at-fault driver may only be carried out in special circumstances, like serious accidents resulting in serious injury, permanent injury, or a wrongful death.
No-fault car insurance laws do give the impression that it would be simpler for injured parties to get the compensation they need after an accident, but this isn’t always the case. A personal injury attorney in Port Charlotte knows that insurance companies will look out for themselves first, and only a professional in law by your side will be able to provide peace of mind that you’ll receive the compensation you really need. To learn more about Florida no-fault insurance laws, or Florida car insurance laws in general, contact us at AllInjuriesLawFirm.com today.