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Understanding the Legal Process in Car Accident Cases


— August 8, 2023

Suing an insurance company takes a long time. If you win, the rewards can be significant. In most cases, a settlement will be reached through negotiations.


If you get injured in a car accident in Florida, you may have to make an insurance claim to get compensation for your losses. If the insurance company does not pay you or offers you too little, you might consider suing them. 

Car accident attorneys in St. Petersburg can tell you that there is a specific legal process to follow after a car accident.

Collect Evidence at the Scene 

When you have an accident with injuries or property damage, you must call the police and wait for them to arrive. Take pictures if you can and get the names of witnesses. Go to the doctor after an accident, even if you don’t feel hurt. Some injuries don’t make themselves apparent right away.

Save your medical bills and records of additional services you need. Document the amount of income you have lost if you have had to miss work.

File an Insurance Claim

Florida follows a no-fault law when it comes to auto insurance. This means your insurance company will pay for your injuries no matter who is to blame for the accident. 

When you file your claim and send the insurance company your documentation, an insurance adjuster will investigate the claim. If they approve it, they will offer you a settlement for your accident.

Talk to a Lawyer

Graphic depicting a handshake under a red car; image by Mohamed Hassan, via Pixabay.com.
Graphic depicting a handshake under a red car; image by Mohamed Hassan, via Pixabay.com.

If the insurance company denies your claim, you should talk to an attorney to see if there is anything you can do. You should also talk to them before accepting the insurance company’s offer since it is likely to be too low.

If the insurance company offers you too little, your lawyer can negotiate with them on your behalf. In many cases, they can get you more than the original claim.

Suing the Insurance Company

If your claim is denied, you can sue the insurance company. Your attorney can help you determine if this is the best course of action. 

If you decide to go through with the lawsuit, your attorney will file a case in the appropriate court and the insurance company will receive a summons. The insurance company will settle or file an answer to appear in court.

If an answer is filed, the case will go into discovery and the two sides will share information. You may have a deposition, which is a bit like a trial. The lawyers will be able to question and cross-examine witnesses.

The attorneys for both sides will attempt to negotiate throughout the process. If they cannot reach an agreement, your case will go to trial. 

Suing an insurance company takes a long time. If you win, the rewards can be significant. In most cases, a settlement will be reached through negotiations.

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