So a careless driver t-boned your car in a busy intersection, causing you serious injuries and major damage to your vehicle. You agree to let the driver pay for your damages directly, without filing with the insurance company so they don’t get their rates hiked. But after several months, the person stops paying you, so you decide to file a car accident claim with the insurance company.
Did you wait too long?
The time limits to file a car accident insurance claim depend on the insurance company and your state laws. Generally, a car accident claim for personal injuries must be filed within two years by the laws of most states. Property damage claims must be filed within three years. The legal term for these time limits is known as the statute of limitations. Note that while you do not need to have the claim resolved within those time limits, you need to have it filed in the proper court.
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Statute of Limitations for Car Accident Claims
It is important to understand when the statute of limitations clock actually begins to run, so that your time to file the claim does not expire. Your right to make a claim typically begins on the day of the car accident and runs two or three years into the future (but check the statute of limitations laws in your state for personal injury and property damage claims to be certain).
Note that making a claim for personal injury usually has a different deadline for a property damage claim. Make note of these dates and remember them during the car accident settlement process.
It also is important to remember if you were hurt by a government employee, there are different statutes of limitation in effect. In some states, you have only six months from the date the injury occurred to file your claim.
If the statute of limitations is close, it is vital that you file your lawsuit immediately to stop the clock. Time to resolve your personal injury or property damage claim is extended automatically when you file suit. The term for this pause is known as tolling the statute of limitations. You need to file a personal injury and property claim in one lawsuit, but remember the statute of limitations are different for each.
Car Accident Claim Filing Deadlines Vary by State
As noted above, most states provide two or three years to settle your car accident claim. If you file your case after the statute of limitations expires, the court automatically rejects your claim. This is the case even if your claim is one day late. The statute of limitations are strict because as the months pass, records get lost and memories fade.
There are a few exceptions to the statute of limitations, such as you did not know the identity of the person who hit you, but it is hard to depend on these exceptions.
The best course of action with your claim or lawsuit is to get it filed as soon as possible after the accident. Take your case to a good personal injury attorney quickly and give them plenty of time to work your case. That is the way to get the best possible compensation in the end.