A claim must be filed timely in order to be considered by an insurance company normally. The longer a claim is neglected, the harder it is to get facts relevant to the claim.
In Florida, the statute of limitations is generally four (4) years from the date of the loss. The case or claim must be formally started within this time. It would be up to the courts to determine eligibility. This is related to a lawsuit more than filing a claim. Determining Collision coverage eligibility will be up to the insurance company, the adjuster and possibly the courts if it goes to trial.
Florida requires an injured person to file the claim within four years of the date that the injury took place on, so if you had a PIP claim as well as a Collision claim. This window of opportunity includes claims for the types of injuries caused by such matters as car accidents.
We contacted the insurance regulator for FL, the Florida Department of Financial Services (FLDFS) for more information on this topic. The FLDFS’s Bureau of Consumer Assistance responded to us that due to the complex nature of various circumstances that surround action founded on negligence, the Department of Financial Service recommends consulting legal counsel. A professional attorney will be able to assist individuals with questions regarding time frames to file suit on issues of negligence under Florida Statute 95.11.
If you should have any questions for the FLDFS you can contact them through their toll-free Consumer Help Line at 1-877-693-5236, Monday-Friday, 7:00 a.m. – 6:00 p.m. An insurance specialist will be happy to assist you if you contact this FL agency.
As the FLDFS mentioned Statutes of Limitations time restraints in the state of Florida are expressed in FL Statute 95.011. Here it notes that actions must be commenced within 4 years for an action founded on negligence.These statutes of limitations through are usually for lawsuits so contractually with your insurance carrier you may need to file the claim earlier.
To see what your insurance contract requires you to do regarding a collision claim read through your policy and speak with your insurance agent. They will tell you what your company expects and requires you to do in order to place a Collision claim. Remember the longer you take to make the claim the more questions your insurer is likely to have and will need to inspect the car to make sure that your damages and not for several accidents that you are trying to place one claim for.
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