No two car accident cases are alike. Most claims take weeks or months to resolve, while a small percentage remain pending for years after the accident that generated them. Although no honest lawyer will give you a guaranteed time frame, it is possible to identify the relevant factors.
From there, you can apply your case to these factors to get a ballpark estimate of how long it will take you to settle your Florida car accident case.
Florida’s No-Fault Auto Accident Insurance System
Florida is one of about a dozen US states that apply a ‘no-fault’ auto insurance system to car accident injuries. Unless your injuries are serious, it doesn’t matter whose fault the accident was. Your PIP insurance will pay your claim up to policy limits.
The tradeoff here is that unless your injuries are serious or if another exception applies, you cannot sue the at-fault driver. This inability to file a lawsuit can limit your recovery because you cannot seek non-economic damages or punitive damages.
As noted, however, there are various exceptions to the no-fault rules. An Orlando car accident lawyer can help you understand your options during a free case evaluation.
Mandatory Car Insurance
Florida requires its drivers to purchase the following minimum auto accident insurance:
- $10,000 in personal injury protection (PIP) insurance; and
- $10,000 in property damage liability (PDL) insurance.
Remember that although PIP insurance is no-fault, PDL insurance is fault-based. You can sue the at-fault driver for damage they do to your vehicle after any accident.
How PIP Insurance Works
Following is a rundown of how PIP insurance both protects you and limits your options:
- Emergency Treatment: Florida PIP insurance pays up to $10,000 in emergency medical coverage, no matter who is at fault.
- Medical Expenses: PIP covers 80% of your “necessary and reasonable” medical expenses. Coverage is comprehensive—it includes doctor’s visits, surgery, X-rays, reconstructive dental services, and rehabilitation.
- Lost Wages: PIP only covers 60% of your lost wages while you are in the hospital and recovering at home.
- Death Benefits: PIP provides a $5,000 death benefit.
- Household Services: PIP covers reasonable expenses for household services you would have performed had you not been injured. This benefit can include childcare or housekeeping.
You must provide evidence for all of these expenses.
PIP Resolution Timeline
Below is a summary of the applicable deadlines for PIP coverage:
- You must seek medical treatment within 14 days of your accident.
- Absent complicating factors, insurers must pay PIP benefits within 30 days after they receive your written notice of the loss and the amount of your claim.
- If you continue to receive medical treatment, you can submit bills to your PIP insurer. PIP must pay your invoices within 30 days of each bill, up to policy limits.
- Rejection or Reduction of Your Claim: If your PIP insurer disputes any part of your claim, they must notify you within 30 days after they receive your written claim. They must state the reason for their rejection or reduction.
- Dispute Resolution: You can resolve any dispute that arises through mediation, arbitration, or litigation if your insurer agrees. Courts typically demand that you at least try mediation before you pursue litigation.
This particular timeline does not apply if your case qualifies for an exception to the no-fault rules (thereby allowing you to potentially recover much more compensation).
“Serious” Injuries
If your injuries are serious, you can exit Florida’s no-fault system and sue the at-fault party. Successfully doing so will allow you to claim 100% of your damages and tack on non-economic damages such as pain and suffering. There are other circumstances where you can at least partially escape the no-fault system as well, such as if your losses exceed your policy limits.
Florida law defines “serious injuries as either:
- Significant and permanent loss of an important bodily function;
- Permanent injury;
- Significant and permanent scarring or disfigurement; or
- Wrongful death
One downside of a serious injury in a Florida car accident is that you have to prove fault to win. This could delay settlement.
Bodily Injury Liability Insurance
Shockingly, Florida does not require its drivers to purchase bodily injury liability insurance. That means if someone causes an accident that injures you, they might lack bodily injury insurance.
This could leave you with only $10,000 in PIP insurance resources, not nearly enough if you are seriously injured. Here are some of the ways you can hedge your bets in advance by purchasing insurance:
- Florida “MedPay” insurance. MedPay can cover costs that PIP does not cover, such as the remaining 20% of medical expenses, co-pays, and deductibles. Some carriers offer coverage that exceeds the $10,000 PIP insurance limit.
- Uninsured/underinsured motorist insurance.
- Umbrella insurance, which is designed to plug leaks in your other insurance policies.
It won’t do you any good to try to purchase any of these forms of insurance after your accident – you have to do it in advance.
Factors That Can Cause Delay
Below is a very abbreviated list of some of the other factors that can cause delay in processing a car accident settlement in Florida:
- Claiming non-economic damages.
- Dispute over liability. Your claim might devolve into arguing over comparative fault.
- Filing a lawsuit.
- Pretrial discovery (if you file a lawsuit)
- Mediation
- Drafting a settlement agreement
- Disbursement of funds.
Throughout this process, don’t forget about the statute of limitations deadline. This is two-years from the date of your accident by default and applies to any lawsuits you may file. There are exceptions to this time limit, but only in rare cases.
Sue or Settle?
Settling generally takes less time than suing. Nevertheless, your most time-efficient strategy might be negotiating, waiting for a reasonable settlement offer, and then suing if the defendant balks.
Filing a lawsuit allows you to access powerful evidence-gathering tools that can convince a reluctant defendant to offer more generous terms of settlement. As mentioned above, it will also beat the statute of limitations deadline.
An Experienced Orlando Car Accident Lawyer Can Expedite Your Settlement and Maximize Your Claim
A skilled lawyer will know just how to pressure the opposing party to resolve your claim quickly. And that doesn’t necessarily mean you’ll have to settle for less.
Sometimes, it might mean filing a lawsuit, but even then, the odds are your claim will settle before trial. Our Orlando personal injury lawyers at Norden Leacox Accident & Injury Law offer free consultations so everyone can make informed decisions about your case. Contact us today to receive help, call us at (407) 801-3000.