20 Jul 2023

Statute of Limitations: Time limits for filing car accident insurance claims in Tampa

Posted By Darrigo & Diaz

Insurance claim form

One of the biggest mistakes you can make after being involved in a car accident in Tampa is waiting too long to file an insurance claim. If too much time passes, you will not be able to recover compensation for your damages or medical expenses. In this blog, we inform you on the statute of limitations for filing a car accident insurance claim in Tampa.

What are statutes of limitations?

Statutes of limitations refer to a specific time period defined by law for taking legal action, which includes filing an insurance claim. If you don’t take action within that time frame, you may forfeit your legal right to recourse.

What is the statute of limitations for filing an insurance claim after a car accident in Tampa?

In Florida, the statute of limitations on filing a car accident insurance claim is specified in Section 95.11(3)(a). According to this law, you have exactly two years from the date of your Tampa car accident to file an insurance claim for personal injury or property damage arising from the collision. If you do not file a claim within two years, your insurance companymay not cover your expenses.

In addition, relatives of an individual who died as a result of a Tampa car accident, also have only two years from the date of the accident to file a wrongful death lawsuit. If not, the court may dismiss the case.

The importance of timely action after a Tampa car accident

Two years may seem like a long time. However, as experienced Tampa car accident attorneys, we strongly advise you to take immediate action. Do not wait weeks, months, or years to file an insurance claim. Here’s why:

1. Deteoriation of evidence

If you wait to file an insurance claim or lawsuit after a Tampa car accident, you run the risk of evidence deteriorating. For example, important details of the accident scene, such as traffic signs and road conditions may change over time.

2. Demonstarting accident and injury correlation

To recover compensation for personal injuries after a Tampa car accident, you must prove that the accident caused specific injuries. If you wait too long, your insurance company may doubt your claim. For example, if you claim your back was injured in a car accident, but go several months without seeking medical treatment, your insurance company could argue that your back injury is from something else. In fact, under Florida law, you must seek medical care within 14 days of your car accident to qualify for Personal Injury Protection (PIP) benefits.

3. Financial hardship

Medical bills pile up fast after a car accident—especially if a serious injury makes it impossible for you to work. The longer you wait to file an insurance claim after a Tampa car accident, the more bills you can incur. This becomes problematic if your insurance company downplays your injuries and pays you less (because you waited so long to file a claim).   

The bottom line: don’t wait, act now

Understanding the statute of limitations for filing car accident insurance claims in Tampa is essential for protecting your right to compensation. Remember, you have a two-year window from the date of the accident to take legal action. However, it’s best not to wait; seek legal advice promptly to ensure your claim is handled efficiently and effectively. Your well-being and financial recovery may depend on it.

Injured in car accident in Tampa?

Call Darrigo & Diaz immediately at (813) 437-5523

If you are injured in a car accident in Tampa, you should contact Darrigo & Diaz immediately. Being involved in a car accident is a traumatic event that no one should have to face alone. Our experienced team of Tampa Bay car accident attorneys can help you from the moment you call us. We will explain everything to you; help you understand your options; and handle the insurance claim process for you. We can even help you find appropriate medical care.

Don’t wait. Act now! We offer free consultations and you do not have to pay anything unless we win your case. Call (813) 437-5523 or contact us online to schedule your complimentary meeting with our experienced Tampa car accident attorneys.

Categories: Car Accidents
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