What is the Statute of Limitations for Florida Auto Accidents?

by admin on July 15, 2010

Question:

What is the statute of limitations for an auto accident claim in the state of Florida? My insurance rep tells me that my statute of limitations has expired(6/25/10) and I am not eligible for any compensation.  The accident(6/25/05) caused rotator cuff injury which required surgery and thencomplications from surgery prolonged the recovery.  I have spoken with therep several times and mailed medical documentation as I received it duringthe 5 year period.  During one conversation she told me that they wouldoffer me a settlement after the surgery and physical therapy was completedby 6/25/10. Was I required to contact them for a settlement or theirresponsibility to make me an offer?  Am I able to fight this now?

Answer:

Sandra, The statute of limitations in a negligence claim in Florida isgoverned by Fla. Stat. sec. 95.11.  For a car accident claim to be madeagainst a third party, i.e. another person caused the accident and you aremaking a claim against their insurance, the statute of limitations is fouryears from the date of the accident.

If your claim is against your own car insurance through the uninsuredmotorist coverage, the statute of limitations is 5 years from the date ofthe accident.

The responsibility to make a claim lies with the person making the claim.The insurance company does not have any duty to make an offer on a claimthat does not get presented within the statute of limitations.

If your accident occurred in Florida on 6/25/05, we’re now in July of 2010, which means the statute of limitations has expired.


About the Author:
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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