Did you know that time can stop your right to sue after a car accident?
What the statute of limitations means
You must act within a time limit to file a lawsuit. The law sets that time limit. If you miss the limit, a judge may refuse your case. You still feel pain and see damage. The law does not change those facts. You still lose your chance to get money in court.
The basic rule for Florida car accidents
You must file a personal injury or property damage lawsuit within four years. The four years start on the date of the crash. This rule comes from Florida law. You must respect this deadline if another driver hurt you or damaged your things.
Wrongful death and a shorter rule
If a loved one dies from the crash, you must file a wrongful death lawsuit within two years. The two years start on the date of death. You must be careful with this shorter time. Families often need time to grieve. Still, the law moves faster here.
Government vehicles and special rules
If a government vehicle or employee caused the crash, you must give the government written notice first. You must give that notice within three years of the crash. You must follow formal steps. You must also meet other deadlines. These rules differ from regular cases.
Insurance contract claims and different deadlines
If you sue your insurer for failing to pay under your car or homeowner policy, a different deadline may apply. Written contract claims often use a five-year time limit. You must read your policy. You must check which deadline applies to your claim.
Personal Injury Protection (PIP) claims
Florida requires PIP on many policies. PIP pays some medical bills no matter who caused the crash. PIP claims have their own rules. Some deadlines to sue for PIP are shorter. You must check your policy and state rules quickly.
Why these time limits matter to your evidence
You must act fast to keep proof. Witness memories fade. Photos get lost. Cars get fixed. Records disappear. You must gather proof while it still exists. You must save receipts and photos. You must write down what you remember.
What a public adjuster does for car-crash-related home damage
A public adjuster represents you with your insurer. You may need a public adjuster when the crash damages your home or property. You may have damage to a fence, mailbox, garage, or house. A public adjuster inspects the damage. The adjuster reads your policy. The adjuster negotiates with the insurance company for you.
Why you might call a public adjuster after a car crash
You might call a public adjuster if your house sustained damage in the crash. You might call a public adjuster if the insurer undervalues your loss. A public adjuster knows how to document home damage. A public adjuster speaks to the insurer for you. The adjuster works to get the full payout allowed by your policy.
When to contact a public adjuster
You should call a public adjuster as soon as you can. You should call before you sign off on an insurance payout. The adjuster can inspect the damage and make a plan. The adjuster can help protect your right to recover money. The first inspection by Otero Property Adjusting & Appraisals is free. You do not pay unless you get paid.
Steps to take right after a car crash that damages your home
- Call emergency services if anyone is hurt.
- Move to safety if you can do so.
- Take photos of the vehicles and the home damage.
- Get contact information of all drivers and witnesses.
- Report the crash to law enforcement.
- Call your insurer and say the crash happened.
- Keep receipts for repairs and medical visits.
- Contact a public adjuster if your home is damaged.
How public adjusters and lawyers differ
A public adjuster focuses on property insurance claims. A lawyer can help with personal injury and lawsuits. You may need both. You may hire a public adjuster for your home. You may hire a lawyer for your injury claim. The two can work together.
Common deadlines in plain terms
Below is a simple table with the main deadlines you must watch.
| Type of claim | Deadline in Florida | When the clock starts |
|---|---|---|
| Personal injury or property damage vs. other driver | 4 years | Date of the crash |
| Wrongful death | 2 years | Date of death |
| Notice to government for crash with government vehicle | 3 years (notice) | Date of the crash |
| Lawsuit vs. insurer for written contract | 5 years | Date of breach or denial (check policy) |
| PIP and UM/UIM claims | Varies | Check policy and statutes |
These numbers explain the usual rules. You must check specific rules for your case. You must not wait to ask for help.
Example: four-year rule in practice
You drive to the store on June 1, 2021. Another driver runs a red light. You hurt your back and your garage door gets dented. You must file a lawsuit by June 1, 2025. If you wait until June 2, 2025, the judge will likely reject your case.
Example: wrongful death rule in practice
A crash on May 15, 2023 kills a family member. You must file a wrongful death suit by May 15, 2025. You must act fast in grief. Lawyers can help with the forms and decisions.
What happens if you miss the deadline
A prosecutor does not step in for this type of case. A judge will usually dismiss your lawsuit as time-barred. The other side can ask the judge to dismiss. You will lose your chance to get money from them in court.
Exceptions and reasons the deadline can change
The law has some exceptions. If the injured person was missing or could not sue because of legal disability, the time may pause. If a minor is hurt, the deadline may start when the child turns 18. If the defendant hides the harm on purpose, the clock may start when you find out. These exceptions are narrow. You must talk to a lawyer or an experienced adjuster to see if one fits your case.
How the statute of limitations affects insurance claims
You must handle the insurance claim and the lawsuit separately. You must file the insurance claim soon after the crash. The insurer has its own time rules to investigate. You must also watch the lawsuit deadline. Filing a claim with the insurer does not stop the lawsuit clock. You must protect both your insurance claim and your legal claim.
What you must tell your insurer
You must give your insurer a clear report of the crash. You must give them photos and proof. You must give them a list of losses. You must keep copies. You must not sign away your rights without understanding them. You must not make statements that admit fault without advice.
Why you should not accept the first offer without checking
Insurance companies often make quick offers. They may offer less than your true loss. They may want to close the file fast. You must not accept an offer until you understand your full loss. A public adjuster can estimate your home repair cost. The adjuster can negotiate for more money if the insurer undervalues your loss.
How a public adjuster works with your claim
A public adjuster inspects the damage. The adjuster makes a cost estimate. The adjuster collects proofs like photos and receipts. The adjuster writes a detailed claim. The adjuster talks to the insurer. The adjuster argues for a fair payout. The adjuster takes a fee only if you get paid.
Why Otero Property Adjusting & Appraisals may help you
Otero Property Adjusting & Appraisals serves homeowners across Florida. You can call them at (850) 285-0405. Their address is 3105 W Michigan Ave, Pensacola, FL 32526. Their website is https://oteroadjusting.com/. They inspect your property for free. They do not charge until you get paid. They help with home damage from storms, water, fire, and crashes that hit your property.
How an adjuster documents crash damage to your home
The adjuster takes photos and notes. The adjuster measures damage. The adjuster makes repair cost lists. The adjuster compares the damage to the policy. The adjuster writes a claim that shows the full cost. The adjuster supports the claim with proof.
Interaction with the insurance company during a property claim
The insurer assigns an adjuster to the claim. The insurer may send its own contractor. Your public adjuster meets them. Your public adjuster talks to the insurer for you. The adjuster pushes for a fair estimate. The adjuster can suggest repair contractors. The adjuster can challenge low offers.
How you and a public adjuster split work with a lawyer
You may hire a lawyer for injury claims. You may have a public adjuster for home damage. The public adjuster negotiates the property payout. The lawyer handles injury settlements or trials. The two share facts and paperwork. They aim to get you the full recovery.
Timeline checklist you can follow after a crash
- Day 0: Call emergency services if needed.
- Day 0: Take photos and gather contacts.
- Day 1: Report the crash to law enforcement and your insurer.
- Days 1–7: Get medical care if you need it.
- Days 1–30: Keep receipts and a diary of expenses and pain.
- Days 1–60: Contact Otero Property Adjusting & Appraisals if your home is damaged.
- Months 1–12: Let the public adjuster and insurers inspect and discuss repairs.
- Within 4 years: File suit for injury or property damage if needed.
- Within 2 years: File wrongful death suit if applicable.
Questions to ask a public adjuster
- Do you work on car-crash-related home damage?
- Do you charge only if I get paid?
- Will you inspect my property for free?
- How will we communicate?
- Can you explain what your services cover?
Mistakes people make that hurt their recovery
You wait too long to report the crash. You throw away receipts. You sign a release too soon. You give recorded statements without advice. You do not call an adjuster when your home is damaged. You assume the insurer will pay the full amount.
How you can protect your right to sue
You keep records of the crash and damage. You save medical bills and repair estimates. You send timely notice to insurers. You ask a public adjuster to examine your home damage. You talk to a lawyer if you plan to sue the other driver.
A simple story to make the rule stick
You imagine a boy named Sam. A truck strikes the mailbox and the front wall of Sam’s house. Sam files an insurance claim. Sam waits three years to sue the driver. The judge rejects Sam’s case. Sam cannot get more money in court. Sam loses money and sleep. Sam hires a public adjuster earlier in the process in a different story. The adjuster helps Sam get a larger insurance payout. Sam fixes his wall and sleeps better.
How insurers handle crash-related property claims
Insurers assign claim numbers. Insurers open files and send adjusters. Insurers ask for proof of loss. Insurers may offer partial payment. You should not accept low offers without checking. You can hire a public adjuster to press for more.
Can you toll the statute of limitations by suing the insurer?
Filing an insurance claim does not always stop the lawsuit clock. You may still need to file a lawsuit before the time runs out. Some actions can pause or extend the time. These rules are specific. You must get advice to know if your time stopped or kept running.
How a public adjuster can help your case go faster
A public adjuster organizes proof and numbers. The adjuster speaks with the insurer. The adjuster can speed up inspections. The adjuster can show the insurer a clear cost to repair. The adjuster can often get better offers faster than you can alone.
What to do if the at-fault driver has no insurance
If the other driver has no insurance, you may use your uninsured motorist (UM) coverage. You must file a claim with your UM insurer. UM claims may follow different rules. You must read your UM policy and the law. You may need a lawyer for UM claims.
How repairs and payments work after a payout
You can accept a check and hire contractors. You must keep invoices. You must show the insurer proof of repairs if they ask. Your public adjuster can help you manage repairs and money. The adjuster can check the contractor work.
How Otero Property Adjusting & Appraisals stands with Florida homeowners
Otero helps homeowners across Florida. Otero inspects storm, water, fire, mold, and crash-related property damage. Otero negotiates with insurers for fair payment. Otero does not get paid unless you get paid. You can call (850) 285-0405 or visit https://oteroadjusting.com/ to ask for a free initial inspection.
When to call a lawyer instead of, or in addition to, a public adjuster
You call a lawyer for injury claims and lawsuits. You call a public adjuster for property insurance claims. You may call both if you need both types of help. A lawyer helps with pain, medical bills, and lost wages. A public adjuster helps with home and other property damage.
How to work with both a lawyer and a public adjuster
You give each the same documents. You let them share facts. You ask each to explain fees. You sign separate agreements. The lawyer and the adjuster may divide work by case type. They avoid duplicate fees when possible.
Final steps to protect your rights
Act quickly. Keep clear records and photos. Report the crash to the police and insurers. Call a public adjuster if your home or property is damaged. Call a lawyer for injuries or wrongful death. Know the deadlines. File your lawsuit on time if you must sue.
Short summary you can keep in your pocket
You must file most car-accident injury or property lawsuits in Florida within four years. Wrongful death claims must be filed within two years. Government claims need written notice and special rules. Insurance contract claims may use a five-year rule. You must act quickly to save evidence and meet deadlines. You must call a public adjuster for home damage and a lawyer for injury suits. Otero Property Adjusting & Appraisals offers free inspections and works only for you.
How to contact Otero Property Adjusting & Appraisals
You can reach Otero at:
3105 W Michigan Ave, Pensacola, FL 32526
Phone: (850) 285-0405
Website: https://oteroadjusting.com/
They inspect your home for free. They work across Florida. They work only when you get paid.
One last plain sentence
Time can end your right to sue. You should act now if you have a claim.
