Business & Finance Debt

Statute of Limitations on an Auto Claim in Florida

    Four-Year Rule

    • As of May 2011, the statute of limitations for filing a lawsuit if you are injured in an auto accident in Florida is four years. You must file your suit within the four-year period, even if the suit isn't settled by the time four years have elapsed. Many people attempt to settle out of court; however, if you cannot do so within four years, you will lose your opportunity to pursue civil action against the other driver.

    Wrongful Death

    • If somebody dies as a result of an auto accident, his survivors have two years to file a wrongful death lawsuit in Florida. This period of time is shorter than the period of time you have to file a personal injury claim if you are injured in an automobile accident. Thus, it is even more important to consult a lawyer as soon as possible following the incident if you are considering a wrongful death lawsuit.

    Uninsured Motorist

    • If an uninsured or underinsured motorist hits your vehicle, causing damage or injury, you may have to sue your own insurance company to get reimbursed for the damages and injury, according to the Lutz, Bobo and Telfair law firm of Sarasota. If you must sue your own insurance because of an uninsured motorist issue, you have an extra year to file your claim -- these types of lawsuits have a statute of limitations of five years as of May 2011.

    Government Entity

    • If you are suing a government entity for accident-related injuries -- for example, if a police car crashed into you while chasing a suspect and you are suing the law enforcement agency -- the statute of limitations varies by case. Consult a lawyer immediately if you face this situation so you won't exceed the statute of limitations for your circumstances. You may also need to notify the entity of the lawsuit more quickly than you would have to notify a private individual.

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