Cape Coral, FL asked in Civil Litigation and Consumer Law for Florida

Q: I am a pro se claimant trying to deal with an insurance adjuster. This woman has absolutely refused to speak to me

once in 2.5 yrs. The case is definitely ongoing, meds in excess of $425,000. Today she closed the claim saying I hadn't sent them anything so they assume there were no damages and I wasn't cooperating. Fact is, I have sent them a TON of gross picitures, medical records, research, etc. to the email address they gave me - which turns out is just a black hole - doesn't really belong to anybody, no one checks it ever. I'm on the 3rd adjuster although when they fired the 2nd adjuster no one told me for over 14 months. That 2nd adjuster called me at home and said that they were assuming they would have to settle for policy limits, please don't file suit, hang in there. She then disappeared. Of course they deny the call and I know it was strange, but it DID happen. I'm thinking she did it to get back at them for firing her? My question (finally) is, does the state of Florida say, by law, that you have to try to settle the case before you file suit? NEED MORE ROOM

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: In short. You typically have 4 years from an auto accident to file suit or your claim is barred by statute of limitations. The law does not mandate that you attempt to settle and they will gladly let you walk or run past the 4 year statute and time bar your case.

I will just say that you really need to hire a personal injury lawyer to assist you. Personally injury cases can be extremely detailed and if the case goes to trial you will be totally out matched against their lawyer who does this every day.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.