Various Florida courts have looked at this issue. While many of the cases involved delays of notice to the insurance company of months or even a year, there have been cases where Florida courts said that notice was late, as a matter of law, when the notice to the insurance company was as little as 4 weeks. Thus, it is always best to notify your insurance company of your accident as soon as possible, to avoid the possibility of the insurance company denying insurance coverage based upon delay of notice to them. Keep in mind that there are other deadlines that you need to comply with, such as the following:

  • If no investigation happened, the driver must ensure a written report is filed within 10 days of the accident with either the Florida Department of Highway Safety and Motor Vehicles or the Florida Highway Patrol.
  • Depending on the type of claim, as stated in Florida Section 95.11, the time you have to file a personal injury claim usually ranges from 2 to 5 years after the incident. Learn more about the statute of limitations for personal injury cases in Florida. However, if you have a claim against an uninsured motorist that timeframe might be extended to 5 years.
  • There are tricky deadlines within which you must utilize your Florida PIP statute of limitations coverage (no-fault benefits) and these deadlines can be as short as 14 days.

It’s important to understand that each insurance company operates under its unique set of guidelines regarding reporting accidents in Florida. These guidelines include varying timelines for notifying the company about the incident. To ensure compliance and a smooth claims process, it’s recommended to contact your insurance company as soon as possible after the accident occurs.

Generally, the question of whether notice of a car accident to an insurance company in Florida is timely or not is a question of fact for the jury to decide. However, when the undisputed factual record establishes notice is so late that no reasonable juror could find it timely, a Florida judge can deem the notice untimely as a matter of law.

Under Florida law, a failure to provide “timely notice” to your insurance company of an accident, in violation of an insurance policy, is a legal basis for the denial of benefits under the insurance policy. Late notice (untimely notice) creates a rebuttable presumption of prejudice to the insurance company. Thus, the injured person has the burden of rebutting this presumption by presenting competent evidence that the insurance company has not been adversely affected by the late notice.

By reporting the accident as promptly as possible, you can obtain precise information regarding their specific requirements and start the claims process swiftly. Taking proactive steps in reporting the accident not only facilitates a timely resolution but also helps protect you and ensures that your insurance coverage will assist you in covering any damages or injuries that may have occurred. Therefore, contacting your insurance company sooner rather than later is the best course of action that can be taken to safeguard your interests and expedite the resolution process following a car accident.

Get Help Reporting Your Florida Car Accident

If you have been in a car accident in Florida, reporting it to your insurance company as soon as possible is essential. Our team can guide you through the reporting process, explain your deadlines, and help ensure your claim is handled correctly. If you are wondering how long after an accident can you file a police report, we can provide clear answers and support every step of the way. Contact us today for personalized guidance to protect your rights and make the claims process easier.