Legal Question in Personal Injury in Florida
Auto Accident at 5mph, being sued
I barely tapped the car ahead of me at 5mph coming out of a parking lot. I had full coverage insurance with State Farm at the time.
The passenger in the car ahead, did seek medical attention immediately at a hospital. I went to the hospital with her. The doctor claimed whiplash, and gave her muscle relaxers. He told her not to go to work. The driver of the auto, did not seek medical attention.
There is no police report. We did notify State Farm immediately about the accident. The members suing did not have auto insurance on their vehicle. No damage to either vehicles was incurred.
My questions are: 1)What are the statute of limitations to claim personal anguish in FL? 2)Isn't there a time limit of two years to file a personal injury claim, if not how long is it? 3)How can both members claim over 15,000 in medical in a 5mph tap? I thought whiplash couldn't be claimed anymore.
Thanks for your time. I really appreciate it.
4 Answers from Attorneys
Re: Auto Accident at 5mph, being sued
The statute of limitations for personal injury alleged by the plaintiff in your case is 4 years in Florida. Make sure you notify the insurance carrier of the lawsuit. The applicable policy is the one that was in place at the time of the accident, not the one in place at the time the lawsuit was filed and served. The insurance carrier will appoint defense counsel to defend the claims alleged by the plaintiff(s).
Based on your representations, it appears the plaintiff(s) suffered an alleged soft tissue injury. Your defense attorney will know exactly how to deal with and defend the claims asserted by the plaintiff and his/her lawyer. Seek the advice of your insurance defense counsel and good luck.
Re: Auto Accident at 5mph, being sued
The statute of limitations in Florida is 4 years. But don't worry, State Farm has an army of lawyers to fight against claimants. Whiplash is still alive and kicking. Insurance company statistics do show that the damage to the steel and plastic of a car has no relationship whatsoever to the injury to the person inside, particlulary on a bumper to bumper impact. (I was rearended last week without injury. I saw no damage at he time and didn't get their name. When I got home I saw the entire rear bumper has come loose and was falling down. The trunk was also out of alignment. My car gets picked up tomorrow for repairs.) You did see that the hospital doctors found muscle spasm or other signs of neck injury to the lady. This could disappear or be permanent and serious.
Re: Auto Accident at 5mph, being sued
The statute of limitations is 4 years. Have they really filed suit?? Let your insurance adjuster handle it that's why you have insurance and don't worry about it.
Re: Auto Accident at 5mph, being sued
Your question pertains to Florida law although in your format you also noted Hawaii law. Since I am not licensed in Florida, I am unable to assist you. If this matter relates to Hawaii, please contact me.
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