Visitor Question

Car Accident Rear End Collision…

Submitted By: Donna (Florida)

I was in a car accident rear-end collision. I was completely stopped at a red light and another driver hit me. They were cited for careless driving. I received injuries to my neck and lower back, involving bulging & herniated discs to both areas. I’ve been to the chiropractor and pain clinics but it’s not helping. I’ve also been told I require surgery.

I’m wondering how long I have to start a vehicle accident claim and what I should do to start? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Donna,

Donna:

In the case of a vehicular collision Florida law requires a case to be settled or a lawsuit filed within 2 years of the date of the collision. So theoretically you can “start” your case anytime within the 2 year period.

Hopefully you still have the at-fault party’s insurance information. Call her insurance company and tell them you were involved in a vehicular collision with their insured. They will take your information and depending upon their company’s procedure will put you in touch with a Claims Adjuster. Make sure you get a Claim Number.

The Adjuster will ask you for a recorded statement. Without embellishing any of the facts answer the Adjuster’s questions truthfully. Failing to do so may come back to haunt you later on.

You have just started your claim. Remember, if your case is not settled within 2 years from the date of the collision you MUST file a lawsuit. If you do not comply with the 2 year deadline, referred to as the Statute of Limitations, you will lose your right to recover any amounts from the at-fault driver or her insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2017

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