1. If an insurance co. wont give proper settlement for auto accident and I need to sue the driver how long from the date...

Asked over 1 year ago - Orlando, FL

. . . of loss must I file . 2 . Is it better to sue the Ins . Co . or the driver in their individual / personal capacity ? 3 . Is there a per trial notice requirement for this type of case ? Thanks

Attorney answers (9)

  1. Dennis Andrew Chen

    Pro

    Contributor Level 17

    16

    Lawyers agree

    Answered . If the insurance company is the insurer for the driver of the other vehicle your lawsuit would be against the driver or vehicle owner, not the insurance company. Talk to an attorney as soon as possible to address the statute of limitations issue. It is generally four years but consult an attorney immediately to be sure of your rights. I am in Orlando and can meet with you to discuss the matter (407) 392-1872

    I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client... more
  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    14

    Lawyers agree

    1

    Answered . Each state has its own statutes of limitations for various types of actions. If you are talking about an accident which took place in the State of Florida, the tort statute of limitations is 4 years in Florida.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  3. David J. McCormick

    Contributor Level 20

    13

    Lawyers agree

    Answered . You need to talk with a local personal injury attorney ASAP regarding any potential statute of limitations issues.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Don't play lawyer, retain one. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. Keith Patrick Ligori

    Contributor Level 11

    10

    Lawyers agree

    Answered . You can sue after any date of loss up to four years. It depends on the reason for the law suit there may be delays. You sue the individual if you are suing the driver that caused the crash but you sue your insurance company for not settling with you properly or reasonably. There is a pre trial order if cases is filed in circuit court but you must meet the requirements to file case in circuit court. This process is complicated and a mine field so I would recommend call an attorney that truely litigates cases not an attorney that only negotiates and settles cases. Good luck. Let me know if I could help further.

    Legal Disclaimer: Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. The... more
  6. Sagi Shaked

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . When suing an at fault party in a general negligence case (I.e., auto case as posted above), the statute of limitations is four (4) years from the date of the loss. The requirements to be pled in a compliant are too numerous to detail in the amount of space we are given to respond. Please consult a local attorney personal injury if you are injured.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877)... more
  7. David Thomas Dorer

    Contributor Level 12

    5

    Lawyers agree

    1

    Answered . You can only sue the driver. The insurance company has a duty to the driver to indemnify, that is pay the debts, the defendant up to the policy limits.

    Consult a local attorney. You only get one chance to pursue a claim and if you make a mistake (improper pleadings, improper notice to all applicable Insurance carriers, even your own, failure to properly respond to discovery, etc.) you could compromise your ability to recover.

    Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered... more
  8. Jason M. Melton

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . In Florida, 4 years from the date of accident to sue anyone for negligence; 5 years from date of accident to sue your own carrier for UM benefits, breach of contract.

    Hire a lawyer ASAP, you do not want to be in a situation where process decides your claim; you deserve your "day in court". Your case should be resolved on the merits, one way or the other.

    Good luck

  9. Marcos Antonio Gonzalez-Balboa

    Contributor Level 4

    2

    Lawyers agree

    Answered . 4yrs to sue driver and owner of vehicle cannot sue ins co directly

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