Auto Accident Claims

by Rob Ketcherside

What is the Statute of Limitations for Florida Auto Accidents?

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.

by bobster855

Auto Accidents

Did you know that every 10 seconds, an Auto Accident takes place on the roads of the United States! Shocking isn’t it? Looking at these statistics, it is no wonder then that the highest number of personal injury lawsuits in the courts of America involve auto accidents.

About Auto Accident Claims

The first and perhaps most important element of an auto accident lawsuit is that of negligence. In order to receive any kind of compensation from your auto accident claim, it is vital that you can prove the negligence of another person, company, or entity. In addition to proving negligence, here are some of the other factors that should be present to uphold your claim:

The negligence should have directly been the cause of the auto accident. You, or some property of yours, should have been injured or damaged due to the auto accident. The negligent party should have sufficient auto insurance. If you can prove all these conditions to be true, you can have a legal personal injury claim. The best person to gauge whether or not you do have a valid claim is a personal injury attorney.

Proving Negligence In Auto Accidents

In most auto accidents, it may not be easy to determine who was at fault for the crash. If you are involved in the auto accident, you are likely to be in shock and may miss out vital signs. Thus, eyewitness accounts, accident reports, and traffic rules can help you to figure out where to lay blame for the auto accident. Here are some things that you should look out for:

- Was the driver of the other vehicle drunk?

- Were they speeding or driving recklessly?

- Did the other driver disobey traffic signals?

- Was any pedestrian at fault?

In addition to the other driver being responsible for the auto accident, a number of people could also be help liable for it, such as:

Maker of the vehicles involved, especially if the vehicle turns out to have a defect in it. Government entities that are responsible for maintaining the roads, ensuring that traffic signals are functioning properly, and ensuring adequate lighting on the roads. All this seems quite complicated, doesn’t it? Thus, to help you with your auto accident claim, you should enlist the services of a personal injury attorney immediately.

by sfmission.com

Car Accident Injury Claims- More Accidents More Claims

Population in the universe is in the raise every year, so is the increase of cars, driving license holders, accidents and car accident injury claims. Increase in cars eventually places people in danger with the fast moving and congested traffic. Ultimate result is frequent car accidents, damages, injuries and losses. Inevitable net consequence is drastic increase in car accident injury claims.

No two car accidents are similar, they are unique in nature. Car crash, car wreck and car collision are some of types of car accidents. Further, collision with another car or any other vehicle, lamp post, trees or buildings takes place when the driver looses control over his vehicle. Car accidents are also named as road traffic accidents, traffic collisions, auto accidents, road accidents, motor vehicle accidents and personal injury collisions. Whatever is the name or type of accident, it is the car accident injury claims that play the important role of getting the benefit of compensation to the victim. Car accidents occur owing to a range of reasons like bad road design, vehicle design, under maintained vehicles or driver behaviors.

Car accident injuries affect various parts of the human body. Some of serious injuries are head injuries that may damage the brain, neck injury may result in whiplash injury, back injury that may damage cervical discs and injury to limbs. Car accident injury claim can be made for any of these car accident injuries. However injury claim can be made for minor injuries that also do take place in car accidents.

Insurance for all vehicles are compulsory and the injured has every right for a compensation claim, hence the suffered person should pursue car accident injury claim without any hesitation. Injury claim not only covers the personal injury to the sufferer it also covers loss of income if any because of accident, repair charges of damaged car, hiring charges of replacement car, compensation for pain and suffering resulted in the accident and medical expenses incurred for treatment of injury.

It is important to collect details of evidence for a successful accident injury claim. Most important is to exchange details like name, address, telephone number, car insurance details of accident involved cars and insurance policy number with the opponent. If a witness is available collect his name address and other contact details, photograph of the accident scene if possible, sketch of accident location and any other details that could support as evidence. These details will establish that the accident was due to opponent’s fault and help to pursue the car accident injury claims to get maximum benefit.

Pursuing injury claim is a complicated process involving legal procedures. These procedures need to be handled meticulously and followed for a successful claim. Hiring a solicitor who is a specialist in car accident injury claims will be the best option to deal with the case. Preferably entering into a ‘no win no fee’ contract with the lawyer will be more beneficial. Even though the solicitor give full confidence of winning the case, in the event of the opponent layer outwits, the case may be lost. Under such circumstances also there will not be any lawyer’s fee.