How Long Does It Take to Settle an Auto Accident Claim in Florida?

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

If you have an auto accident claim in Florida, how long will it take to receive the financial compensation you deserve? Not only will settling your claim for just compensation ensure that you have the financial resources you need in the future, but it will also allow you to move on with your life. As a result, it is critical that you do everything you can to secure a fair settlement as quickly as possible, and this starts with hiring a Florida auto accident attorney to represent you.

So, how quickly can you expect to obtain a settlement? The short answer is, “It depends.” Several factors can impact the timeline of the settlement process—and, while some of these factors are in your control, others are not. Although the settlement process will be over in a matter of weeks or months in many cases, it can also take much longer.

7 Factors that Could Impact the Settlement Timeline of Your Auto Accident Claim

If  you need to seek financial compensation for an auto accident in Florida, here are seven factors that could play a role in determining how long it takes for you to receive a settlement:

1. Is It Clear Who was at Fault in Your Auto Accident?

One of the first steps toward obtaining an auto accident settlement is proving that you are entitled to financial compensation. This means proving who was at fault (unless you are limited to filing a PIP claim, as discussed below). If it is clear that someone else was at fault in your auto accident, this could be a relatively straightforward and efficient process. But, if fault isn’t clear, it could take much longer to convince the insurance companies to accept responsibility.

2. How Severe Are Your Accident-Related Injuries?

The severity of your injuries is an important factor as well. If your injuries are relatively minor, it may also be relatively easy to calculate your long-term costs. But, if your injuries are severe, then making sure you know how much you will need in the future could be a more difficult—and longer—process.

3. Are You Limited to Filing a Personal Injury Protection (PIP) Claim?

Under Florida’s “no fault” auto insurance law, auto accident victims are limited to seeking coverage under their own personal injury protection (PIP) policies unless they can prove that they suffered a “significant” or “permanent” injury. Since PIP is “no fault” coverage (meaning your insurance company is supposed to pay regardless of fault), securing  this coverage is typically quicker than seeking fault-based compensation. With that said, you should not assume that you are limited to filing a PIP claim, as your PIP insurance won’t cover all of the financial and non-financial costs of your injuries.

4. Do You Have a Claim Outside of Auto Insurance?

In addition to determining whether you have an auto insurance claim outside of PIP, you also need to determine if you have a claim outside of auto insurance entirely. Do you have a claim against the other driver’s employer? Do you have a claim against an auto manufacturer for a vehicle defect? Do you have a claim against the government for an issue with the road?

These are all claims that can provide access to additional compensation.  But, they are also claims that can add to the settlement timeline. Ultimately, however, you need to focus on what is best long-term, and this means working closely with an experienced Florida auto accident attorney to ensure that you are seeking the full compensation you deserve.

5. Which Insurance Company (or Companies) Are Involved?

The insurance company (or companies) involved in your auto accident claim can also have a major impact on the settlement timeline. Some insurance settlements handle claims more efficiently than others, and some treat claimants more fairly than others as well. While this factor is completely beyond your control, it is an important factor to keep in mind as you go through the process.

6. Do You Have an Experienced Florida Auto Accident Attorney on Your Side

One factor that you can control is making sure you have an experienced Florida auto accident attorney on your side. When you hire an attorney to represent you, your attorney can deal with the insurance companies for you. Your attorney can also help make sure that you have adequate evidence of fault, and your attorney will work to settle your claim while helping you avoid mistakes that could jeopardize your recovery.

7. How Much Are You Entitled to Recover?

The final key factor that can impact the timeline of your auto insurance claim is how much you are entitled to recover. Generally, the more you are entitled to recover, the more the insurance companies are going to fight—and the longer it will take to secure the settlement you deserve. If your losses are substantial, accurately calculating your losses will take more time as well—though the extra time will be worth it in the end.

Remember: A Settlement is Not Guaranteed

While this article has focused on the settlement timeline in auto accident claims in Florida, it is important to remember that a settlement is not guaranteed. Simply filing an insurance claim is not enough to secure the financial compensation you deserve. To recover just compensation, you need to assert your legal rights effectively. You need to prove who was at fault and how much you are entitled to recover, and you need to convince the insurance companies that it is in their best interests to settle rather than taking your claim to court.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Searcy Denney Scarola Barnhart & Shipley

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