How Long Do I Have to File a Lawsuit After a Car Accident in Miami?

Car accident? Take action now. Call an experienced car accident lawyer.

“I made a claim with the insurance company. Isn’t that enough? Aren’t they on my side”?

No. They are not on your side. And that is not enough.

“But what’s the rush? Someone told me I have two years to file a lawsuit, and I don’t want to go that far even.”

Yes, you have two years from the date of the accident anywhere in Florida, including Miami, to file a lawsuit.

But call us now. The sooner, the better. Why? Because the scene is evidence and should be photographed and inspected to see skid marks, parts of taillights, and other car parts, traffic light sequence, and cameras in the area, all of which may change. Because your car is evidence and needs to be photographed. Because video on surrounding buildings is evidence and disappears sometimes in days.

And making a claim with the insurance company, whether it is your own company or the company of the driver who caused the accident, is NOT the same as filing suit. Making a claim with any insurance company does not beat the clock for filing suit. You still have to file suit and file within two years of the accident. But a lot has to happen before the deadline. So call today. It is easy and free. In fact, you don’t have to pay unless we win.

Unfortunately, many people injured in car accidents learn the hard way that insurance companies are in business to make money by saving money. This means they love to deny claims and to find a way to minimize your injuries.

Miami-Dade County car accident statistics

Miami-Dade County has some of the busiest roadways in Florida. And Miami-Dade County has a huge number of car accidents. According to the Florida Department of Highway Safety and Motor Vehicles, the county sees roughly 63,000 car accidents every single year. That’s over 175 accidents each day, many of which are severe enough to cause injuries.

Florida’s statute of limitations for car accident lawsuits

In Florida, the statute of limitations for filing a car accident lawsuit depends on the circumstances of your case, but the general rule is that you have two years from the date of the accident to file a lawsuit. Here’s what you need to know:

• Personal injury claims– If you were injured in a car accident, you typically have two years from the date of the crash to file a lawsuit against the at-fault driver.
• Wrongful death claims– If you lost a loved one in a fatal car accident, the deadline for filing a wrongful death lawsuit is two years from the date of the accident.
• Property damage claims– If your lawsuit only involves damage to your vehicle, you have two years to file a claim.

If you’re involved in an accident with a state employee, agent, or volunteer on official business (not driving their personal vehicle in their private time), you have two years to file, but there’s a 180-day investigation period that must occur first.

These deadlines apply to lawsuits, not insurance claims. Most insurance policies require you to report an accident either immediately, as soon as you are able to, or within days or weeks, depending on the language of your policy. So don’t wait too long to start the process.

Do I need to file an insurance claim before I file a lawsuit after an accident in Miami?

In most cases, the answer to that question is “yes”, but that’s not always the case. Since Florida has a no-fault insurance system, the first step is to call your insurance agent. Tell them that you were in an accident. Tell them everything they ask and do not lie, but do not admit fault to them. You need to file a claim for your personal injury protection, that is, for your PIP benefits. Those cover your own medical expenses. However, you’ll need to go for medical treatment within 14 days of the accident, or you won’t qualify for PIP coverage. An experienced Miami car accident lawyer can help you understand what steps you need to take and in which order.

Why does the statute of limitations matter?

Statutes of limitations are hard lines. Once they expire, that’s it. If you miss the deadline, your case will likely be dismissed, and you won’t be able to recover damages. That means no compensation for medical bills, lost wages, pain and suffering, or any other losses tied to the accident, including damage to your vehicle or other property. However, there are a handful of exceptions that could make a difference when it comes to the statute of limitations.

Exceptions that could extend your deadline

There are some rare situations where you may have more time to file a lawsuit:

• Injured minors– If the victim is under 18, the statute of limitations may be extended so they have an opportunity to file a claim once they are an adult.
• Defendant leaves the state– If the at-fault driver leaves Florida before you can file, the clock may pause until they return. However, this could mean waiting a long time.

Again, these are only potential exceptions. A Miami car accident attorney can help you understand the specifics of your case, including how much time you have remaining to file a lawsuit.

Why you shouldn’t wait to file a claim

Even though you have up to two years, waiting too long to act can hurt your case. Evidence disappears, witnesses forget details, and insurance companies may question why you delayed taking legal action. The sooner you start the process, the better your chances of building a strong case.

Get help from an experienced car accident lawyer

Navigating Florida’s legal system after a car accident can be overwhelming, but you don’t have to do it alone. A skilled car accident lawyer can help you gather evidence, negotiate with insurance companies, and file a lawsuit before time runs out. If it’s been some time since your accident, and you’re wondering about your ability to file a lawsuit, an attorney can go over your case and help you understand your options.

If you’ve been injured in a car accident in Miami, don’t wait. Contact Hickey Law Firm today for a free consultation, and let us fight for the compensation you deserve.