Exposure From an Old Crash When the Other Side Hires a Lawyer

Attorney Answer

The first move is not to size up your exposure — it is to tell your auto insurer, today, that the other side has hired a lawyer. Your policy almost certainly obligates the company to defend you, and that duty is the single most valuable thing you have right now. It can be jeopardized by late notice.

On timing, a 2020 crash is not necessarily too old. Florida's limitations statute is Fla. Stat. § 95.11, and for a negligence claim accruing before March 24, 2023 the period was the former four-year one. The Legislature shortened the negligence period in 2023 for later accidents. Whether the old period or the new one governs a 2020 crash, and exactly when it runs out, is a question for a lawyer with your dates in front of them — not something to guess at from a page, and not something to bet on by ignoring the letter.

On fault, the date of your crash decides which rule applies, and the difference is large. For accidents before March 24, 2023, Fla. Stat. § 768.81(2) provided: "In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery." That was pure comparative fault — a share of blame cut the award and barred nothing. The Legislature changed the rule in 2023 for later accidents; which version reaches an older crash is a lawyer's question, not a page's. Florida also apportions damages among those at fault by percentage rather than making everyone answerable for the whole, which is a point your defense lawyer will use.

On money, be clear-eyed. Your liability limits set what the insurance company pays. A judgment above those limits is yours personally. And Florida's pre-crash requirements are thin: Fla. Stat. § 324.022(1) provides: "Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash." For most private vehicles Florida requires no bodily injury liability coverage at all. If you bought only what the state required, there may be little or nothing behind you for injuries — which is exactly why the defense your policy provides, and how your insurer handles any settlement demand, matter so much. Ask a lawyer about that; do not manage it yourself.

What you can do

1. Notify your auto insurer in writing today, and attach a copy of anything you have received. Keep proof of the date you sent it.

2. Give the insurer everything you have: the crash report, photographs, repair estimates, and the names of anyone who was there.

3. Do not speak with the other side's attorney, adjuster or investigator, and do not give a recorded statement to anyone but your own insurer.

4. Do not sign anything, and do not offer to pay anything, without a lawyer.

5. Preserve what still exists — photos on your phone, dashcam video, text messages, medical records if you were hurt too.

6. If you are served with a lawsuit, tell your insurer the same day. A court deadline starts running the moment you are served, and missing it can produce a judgment without a hearing.

7. Ask a Florida lawyer whether you should also have your own personal counsel alongside the lawyer your insurer assigns, particularly if the claim looks larger than your limits.

8. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts — the dates, the paperwork, the exact wording — is worth more than any general guidance, including this page.

⏱ Time limits apply. Florida's limitations statute is Fla. Stat. § 95.11. For a crash before March 24, 2023, a negligence claim ran under the former four-year period; the Legislature shortened the negligence period in 2023 for later accidents, and whether the old period or the new reaches an older crash is a question for a Florida attorney on your actual dates. I am not going to compute a deadline from a few lines of text. Take the real dates to a lawyer, sooner than feels necessary.