What Is Pre-Suit Auto Accident Defense in Florida?
Getting into a car accident is stressful enough—but it becomes even more overwhelming when someone contacts you after the crash demanding payment, threatening a lawsuit, or asking for your insurance information. Many people don’t know how to respond, especially if they weren’t insured or if they’re unsure whether their policy covers the claim.
This is where pre-suit auto accident defense comes in.
At Florida Civil Counsel, P.A., we help people throughout Florida—including in Orlando, Miami, and Jacksonville—navigate these situations before they escalate into a lawsuit. Whether you’re covered by insurance or not, we provide the clarity, protection, and negotiation support you need.
What Is a Pre-Suit Auto Accident Claim?
A pre-suit auto accident claim happens when the other party—or their attorney—contacts you after a crash but before filing a formal lawsuit. This often comes in the form of:
- A demand letter for compensation
- A request for your insurance information
- A threat to sue if you don’t respond
Even if it seems informal or non-threatening, a pre-suit demand is the first step in a legal process. If not handled carefully, it can lead to a default judgment, court costs, or inflated settlements.
If you’ve received a demand or letter, check out our blog on responding to a lawyer’s letter after an injury claim.
Who Needs a Pre-Suit Auto Accident Defense Attorney?
You should speak with an attorney if:
- You were in a crash and are being contacted directly by the other party or their lawyer
- You’re not sure if your insurance covers the accident
- You were uninsured or underinsured at the time of the crash
- You feel pressured to pay or respond without understanding your rights
Even when you have insurance, the adjuster may not explain your legal exposure or help you negotiate non-covered claims. If you’re uninsured, the situation becomes even more critical—and risky.
Our firm’s pre-suit injury defense attorneys are here to fill that gap.
How Pre-Suit Auto Accident Defense Works
Our job is to take the pressure off you. We don’t just respond to the other party—we guide you every step of the way, whether there’s insurance involved or not.
Step 1: Review of Demand and Insurance Coverage
First, we review all available documents related to the incident, including:
- The demand letter from the opposing party or their attorney
- Medical bills and records they’re using to justify the amount
- Your auto insurance policy to determine what coverage may apply
If it turns out there’s no applicable coverage, we notify the other side and shift toward damage control and negotiation.
Step 2: Notice of Representation
In situations where there is no applicable insurance, we immediately send a formal notice of representation to the other party, instructing them to stop contacting you directly. This letter protects your rights and gives you breathing room while we assess the claim.
Step 3: Affidavit of No Insurance (If Applicable)
In situations where you truly have no insurance or limited coverage, we help draft and send an Affidavit of No Additional Insurance Coverage to make your position clear.
This document can:
- Deter unnecessary legal action
- Open the door to more realistic settlement negotiations
- Avoid wasted time and costs on both sides
We’ve also written a guide on what to do if you caused a car accident in Florida that may help answer early questions.
Step 4: Negotiation and Settlement Discussions
We will communicate on your behalf for up to three (3) hours total—this includes:
- Speaking with the opposing attorney
- Reviewing proposed settlement offers
- Working toward a payment plan or reduced settlement
- Explaining your rights, risks, and options in plain language
Our goal is always to minimize your financial exposure—but we never promise specific outcomes. Every case depends on the facts, injuries involved, and whether fault is contested.
Do I Still Need a Lawyer If I Was at Fault?
Yes. Even if you believe you caused the accident—or admitted fault at the scene—you still have legal options. The amount being demanded might not be accurate, fair, or provable in court. A defense attorney can:
- Challenge inflated medical charges
- Assess contributory fault (if both drivers were negligent)
- Look for errors in the demand or billing records
- Provide a buffer between you and aggressive attorneys or adjusters
Florida follows a modified comparative fault system under Florida Statute § 768.81, which means shared responsibility can reduce your liability or even bar recovery by the other party.
When to Get Help from a Florida Car Accident Defense Attorney
If you’ve been contacted about an auto accident and aren’t sure what to do, the worst thing you can do is ignore it. Even if you’re not being sued yet, your actions during the pre-suit phase can significantly affect what happens next.
At Florida Civil Counsel, P.A., we help clients across the state of Florida—including in Orlando, Tampa, and Fort Lauderdale—resolve auto accident claims before they escalate.
We also provide pre-suit subrogation defense for cases where an insurance company is demanding repayment on behalf of someone else.
