Expert Advice When You Need It Most

Where can I file a car accident personal injury lawsuit if I live in FL and the at fault driver is in NY

The insurance company for the drive at fault is base out in York, PA.and I live in Florida. The other diver was at fault but the his insurance is only willing to pay 50% of the damages. Can I file my case in florida?

Save

Attorney answers (4)

Reputation Level 9
The proper venue for your case is not based on the location of the insurance company. There are a few questions that must be answered. Firstly, is this simply a property damage claim or was there an injury or injuries involved. Secondly where did the accident happen? Lastly, what is the amount of your claim? Without this information an answer to you question is not possible. The reason behind this is that each jurisdiction has its own venue rules.
1 person marked this answer as good

Reputation Level 9
If the accident happened in Florida you can generally file in the County where the accident occurred. It does not matter what state the insurance was issued. Remember, in Florida there is generally a 4 year statute of limitations in personal injury claims and a 5 year statute of limitaitons for claims involving breach of contract such as an insurance policy coverage dispute

Reputation Level 6
You can file in two places. The county where the accident occured and the county where any of the at-fault parties reside.

Reputation Level 3
If the accident happened in Florida, you can file it in the county where the accident occurred. When a person causes an accident in Florida, he submits to the jurisdiction of the court where he/she caused the accident.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now