Car accident cases rarely reach trial. Instead, the insurance company will often settle the case without forcing the victim to file a lawsuit. In cases where a genuine dispute exists, the claimant may file a lawsuit to gather evidence and maintain pressure on the insurer to settle the case.
As a result, the car accident settlement timeline will vary from case to case. However, there are factors that you and your lawyer can use to predict how long your case may take to settle. Florida law requires insurers to apply certain principles when adjusting insurance claims, allowing you to estimate the time for each step in the process.
This article will discuss the various steps involved in the car accident claim settlement process in Florida and the factors that influence its timeline.
What Is the Typical Settlement Process for Car Accident Claims in Florida?
The claim settlement process in Florida differs from that in many other states because it utilizes a no-fault insurance system. Thus, accident victims must first clear certain hurdles before pursuing an injury claim against an at-fault driver.
An accident victim can only pursue a claim against the other driver if they meet one of the two following conditions:
- Their losses exceeded their personal injury protection policy limits of $10,000
- They suffered a significant, permanent injury
When a passenger, motorist, pedestrian, or cyclist meets either of these criteria, they can file a liability claim with the responsible driver’s insurer. These claims typically proceed through a general process.
- Filing an Insurance Claim
The claim notifies the responsible driver’s insurer of the basis for the insured driver’s liability. It also documents the losses you suffered as a result of the insured driver’s actions.
The initial claim may only include a narrative explanation of what occurred. For example, you might describe how the insured driver tailgated you and caused a rear-end collision when you slowed due to a traffic jam. You could describe how you were diagnosed with a concussion and whiplash after the crash.
Although the insurance company will open a claim based on your narrative, it will also require proof of your losses. This means you need evidence to establish legal liability for your injuries and the losses caused by the at-fault party.
- Investigating the Claim
The insurer will assign the case to a claims adjuster. The adjuster’s job is to determine whether your claim falls within the driver’s insurance policy. Specifically, the adjuster must determine several facts before accepting or denying your claim, including the following:
- The policy was in force when the crash occurred
- The driver was covered by the policy
- The driver acted negligently in causing the crash
- Your losses were caused by the driver’s negligence
If the adjuster denies the claim, you and your lawyer can respond by presenting additional evidence or legal arguments.
- Negotiating a Settlement
The adjuster will offer a settlement after accepting a claim. The initial offer will likely fail to cover all your economic and non-economic losses. As a result, you and your lawyer will present a counteroffer and attempt to negotiate for a better payout.
- Litigating in Court
If the claims adjuster stands on a claim denial or refuses to raise the offer, your lawyer can file a lawsuit. A lawsuit can encourage settlement because most insurance companies want to avoid paying insurance defense lawyers to fight a losing case. Moreover, insurers know that juries are often unsympathetic toward powerful insurers and may hit them with a large verdict.
Even after filing a lawsuit, your lawyer can still continue to pursue a settlement. At the same time, the court will set a schedule for your case, and your lawyer can prepare for trial in case the insurance company does not offer fair settlement terms.
Timelines Imposed by Florida’s Claim Practices Law
Florida law imposes certain rules on claims adjusters. After you file your claim, the adjuster must acknowledge and act “promptly” on your claim. The law does not define “promptly.” Instead, its interpretation is based on the practices in the industry and your reasonable expectations.
Once you file your proof of losses, the insurer generally has 30 days to perform a reasonable investigation and respond.
The insurance company can respond by:
- Affirming coverage in full or in part
- Denying coverage in full or in part
- Providing a written statement stating the claim is being investigated
If the adjuster requires additional information, they must notify you “promptly” about the information necessary to process the claim. Based on these rules, your lawyer can pressure the insurer to take reasonable steps to keep your claim on track within the 30-day window.
However, bear in mind that Florida’s statute uses very flexible language, meaning that a claims adjuster can meet the law’s requirements while still delaying your claim.
Moreover, these timelines only apply during the claim settlement process. If you file a lawsuit, you can expect the settlement process to take longer, with the possibility of not settling at all.
Contact Gross & Schuster Injury Lawyers to Speak With a Pensacola Car Accident Attorney Today About Your Accident Settlement
The time to settle a car accident claim depends on many factors. However, Florida law requires insurers to act reasonably. A lawyer can pressure a claims adjuster to handle your claim with reasonable promptness.
Reach out to Gross & Schuster Injury Lawyers at (850) 434-3333 to discuss your claim and what we can do to keep it on track. Our Pensacola car accident lawyers are available for a free consultation today.
