How Long Does It Take to Settle a Car Accident Case in Florida?

If you’ve been seriously injured in a car collision, you may wonder, How long does it take to settle a car accident case in Florida? Unfortunately, there is no required timeline for an insurance company to settle auto insurance claims in Florida.

The average time for a car accident settlement depends on the circumstances of the accident, the extent of your injuries, the time the insurance company takes to process your claim, and the length of the negotiations between you and the insurance company before you agree on the value of your claim.

Because there is no legal requirement for the insurance company to pay out a settlement in a certain timeframe, it can take as long as is necessary to investigate your claim. So we cannot provide a set answer to the commonly asked question, How long does it take to get a settlement from a car accident?

If you are waiting for a settlement after a car accident, the best thing you can do is have the best accident lawyer in Boca Raton, FL negotiate on your behalf. At Grossman Attorneys at Law, we have experience negotiating with large insurance companies and don’t let our clients get steamrolled.

First, we will investigate and find who is at fault for the accident. Then we can advise you on the decision to accept a settlement or file a lawsuit against the other driver or insurance company. To speak with one of our attorneys today contact us on our website or by phone at 855-940-4548. Read on to learn more about car accident settlements.

Florida’s Personal Injury Protection Law

How long does it take to get a settlement after an accident under Florida’s personal injury protection (PIP) law? The time it takes an insurance company to settle will ultimately depend on the circumstances surrounding the claim.

Florida is a no-fault state when it comes to car accidents. This means that no matter who is at fault for an accident, each party will file a claim with their own insurance company. Florida law requires every driver to have insurance coverage including PIP.

PIP insurance is the primary coverage for the costs of your injuries or injuries to family members in an accident. PIP pays for economic damages that are quantifiable, including medical bills and treatments, lost wages, and loss in earning potential. The mandatory PIP coverage consists of:

A minimum coverage amount of $10,000 per person;
Coverage of 80% of medical expenses;
Reimbursement for mileage related to healthcare travel at the standard rate allowed by the IRS;
Coverage of 60% of lost income;
The cost of replacement services like cleaning, cooking, and yard maintenance that the injured person is unable to perform; and
Up to $5,000 in death benefits.

To make a PIP claim, you must provide reasonable proof of your injuries and the amount of the loss. Once the insurer receives proof, it must accept or deny the claim within 30 days or owe you interest. However, the insurance company has leeway to decide when they have received reasonable proof.

Often insurance companies try to delay making payments, especially for large or complex claims. Fortunately, when you call on the experience of Grossman Attorneys at Law, we will use our skills to negotiate with large insurance companies and fight for the settlement you deserve.

The Insurance Claim Process

When you submit an insurance claim, it may take some time before an insurance adjuster contacts you to get the value of your economic damage. Then, the insurance company will offer you an amount they think your claim is worth.

If you accept a settlement offer, the insurance company must pay within 20 days, or it will owe you 12% interest. However, once you accept a settlement offer, you cannot change your mind.

Sometimes settlement takes longer than expected because your injuries are severe and require ongoing treatment. The worst thing is to accept an early settlement and later realize that your medical expenses are more than you thought.

It is better, in the long run, to wait until your medical condition has stabilized. Then, you can make a more accurate assessment of the value of your claim.

Another factor that could extend the time for settlement is if the insurance company does not accept your evidence as proof of a valid claim. When an insurance company denies a car accident claim, they are required to offer a reason for their rejection.

If there was an error on your part, you legally have 15 days to fix it. When the denial is because the company did not agree that you had a valid claim, your best option may be to file a lawsuit.

So, How long does it take to settle a car accident case? The answer is hard to pin down because of the wide array of factors that come into play.

Filing a Lawsuit Against the At-Fault Party

Florida has a requirement, commonly called a verbal threshold, before you can sue a driver who is at fault for the accident. This means that if you want to sue the at-fault driver in Florida, the accident must have caused:

Significant loss of ability to perform a bodily function,
Permanent loss or permanent aggravation of a pre-existing condition,
Significant and irreversible scarring or disfigurement, or
Death.

In these situations, you may recover economic and non-economic damages resulting from the accident in excess of your PIP policy coverage. Non-economic damages are pain and suffering that affect your quality of life. Non-economic damages are available only in these severe circumstances because they are more difficult to quantify than economic damages.

To prove pain and suffering, a personal injury attorney will collect your testimony, testimony from family and friends, and expert testimony from doctors and other professionals, like therapists.