Beverly
Tampa,#2Consumer Suggestion
Fri, June 14, 2002
I am an insurance claims professional with many years' experience. The statute of limitations in Florida is 4 years from the date of the accident, or in your daughter's case, 4 years from the date she reaches majority (age 18). Feel free to confirm this with a personal injury attorney. The Statute of Limitations has not run on your daughter's claim. The liability for this accident appears clear on the other party, if you were rear-ended. From your description, you were stopped when struck. However, there are a few additional issues here: Florida does have a permanency statute. This means that a "permanent" injury must occur before a settlement is made. Setting aside the statute of limitations issue, you may have difficulty overcoming the permanency question if your daughter sought no medical treatment as a result of the accident. You also mention that you were paid policy limits. If the responsible party only had minimal limits for bodily injury (say $10,000 per person, $20,000 per accident) with Allstate, and Allstate has already paid you and your wife the policy limits, there is no additional money left for your daughter's claim.