Experiencing a car accident can be traumatic. If you or a loved one has experienced an injury from a car accident, you may be asking, “How long after a car accident can you claim injury?”. The process of claiming for injuries after car accidents will vary depending on a few factors.
Car accident injury claims are crucial, as they ensure you are compensated for any damages. This page will help you understand car accident claims and outline what you should do after a car accident.
Statute of Limitation on Car Accident
So, how long after a car accident can you claim injury? The statute of limitations on car accidents depends on your state and your insurance company.
The statute of limitations is usually two or three years for most states, but others are five or six years. This means, for example, if you live in a state that has a statute of limitations of two years, you have two years to file a claim for injuries sustained from a car accident.
What You Should Do Before Filing a Claim
You will likely have to report the accident before you file a claim with your insurance company. Filing a claim and reporting your accident are different processes, so reporting a car accident time limit will differ from the time limit to file a claim. While your insurer may require you to report within 30 days, you won’t always have to file a claim within the same period.
While these vary by state and insurance company, you should generally complete the following steps before contacting your insurance provider.
When you get into an accident, you should call 911 if you’re able to do so. Seeking medical attention is the first thing you should do, especially when the accident involves injuries. The police will be able to investigate the accident and file a report.
Make sure you gather all documentation of the accident to file your claim. This may include names, phone numbers, and insurance of people involved in the accident, as well as photos of the accident.
Once you report your accident and gather all your required documents, call your insurance company as soon as possible. After the accident, you should contact your claims adjuster. During this process, make sure to keep copies of your documents and provide all necessary information to your insurer.
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How to Handle Insurance After an Accident
After experiencing a car accident and seeking medical attention, you have 24 hours to call your insurance company and notify them of the accident. Take photos of the accident scene and document any details you remember.
Claiming an injury after a car accident should be done within three days of the accident. Your insurance company will contact you to discuss your claimed losses, and they’ll want to see your documentation. They’ll use this information to determine how to proceed with your claim.
Statutes of Limitations for Car Accident Claims
Your car accident insurance claim time limit will depend on your insurance company and the statute of limitations, which can vary by type of claim, including:
- Car Accident Injury Claims – The limitation is typically two years, but can go up to five or six.
- Defective Vehicle Injury Claims – This limitation is usually two years.
- Claims Against a Government Entity – This limitation is usually six months.
- Wrongful Death Car Accident Claims – This limitation is usually two years.
Delay in Claim Filing – Consequences
Depending on your injuries, you may have to delay claiming injury after a car accident. For instance, you may have sustained an injury that doesn’t become apparent immediately, but rather days or weeks after the accident. The consequences will vary depending on whether you’re filing a claim against your own insurance or the other driver’s insurance.
Waiting to file may be a burden for your finances, as you may be responsible for paying for medical bills without any help from insurance. If the liable party of the accident is undetermined, you should file a claim earlier to increase the likelihood of help from the insurance company. If the other party files against you and you have no claim of your own, you may have to pay their medical bills.
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Get in Touch with Coluccio Law – A Personal Injury Law Firm
If you or a loved one has sustained injuries in a car accident, our team of personal injury attorneys at Coluccio Law can help you. Our team has over 30 years of helping people and their families with personal injury cases.
Whether you’re looking for answers to “How long after a car accident can you claim injury” or would like a free consultation, call our professional team at (206) 826-8200 today!
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