Filing personal injury claims on time is crucial to ensuring you’re eligible for compensation. While statutes of limitations differ depending on your state and what type of accident occurred, it’s essential to consult with a car accident attorney as soon as possible so you don’t miss the deadline to file a claim.
Rosenfeld Injury Lawyers works nationwide with personal injury victims to help them receive the compensation they deserve, including guiding them through the car accident claim process.
Statute of Limitations for Car Accidents
Generally, the statute of limitations for a car accident insurance claim ranges from two to three years, but some jurisdictions may have longer or shorter statutes. For example, Tennessee allows victims only one year to file a claim after a car accident, while Maine lets individuals file an auto insurance claim up to six years later [1].
Factors Affecting the Car Insurance Claim Time Limit
The amount of time you have to file an insurance claim or a personal injury claim can vary based on specific factors, including the type of accident, whether the injury was immediately recognized, and the age of the accident victim.
Type of Accident and Claim
In some places, the statute of limitations for a car accident claim differs from that for other claims. A third-party claim for medical malpractice, product liability, or workers’ compensation may be longer or shorter.
How long you have to file a claim after an accident can also vary depending on the damages you seek. Property damage claims may have a significantly longer statute of limitations than bodily injury.
Discovery of Injury or Harm
The deadline to file a claim usually begins on the accident date. However, there are exceptions for certain injuries that may not have been immediately apparent.
In some instances, accident victims may have longer to file claims if they were not immediately aware of the harm done. This exception is called the “discovery rule,” which extends the filing deadline to the date the injury was discovered or diagnosed.
Minors and Incapacitated Individuals
For adults of sound mind, there is typically a strict deadline for a legal claim after a car crash. However, the statute of limitations may be paused for minors or individuals with mental incapacities, such as dementia or a significant learning disability. This rule is called a tolled statute of limitations.
For underage accident victims, the toll may pause the statute of limitations until they are 18 or give them up to a certain age before they can file a claim.
State-Specific Variations
Each state has its own deadlines and procedures for filing car insurance claims, meaning that you need to be familiar with your jurisdiction’s claims process to ensure that you file correctly and don’t miss any deadlines.
Importance of Knowing Your State’s Laws
The insurance claim process heavily depends on your state, including what documentation is required and with which company you file.
Firstly, while you must report a car accident that results in significant property damage or injury in every state, what constitutes a minor accident varies. In Alabama, minor accidents causing more than $250 in damage must be reported, while in Oregon, you only need to report a car accident with more than $2,500 in damage [2].
Car insurance claims require a police report if the damage amount is above this specific threshold for your given state. As it is not always possible to estimate the dollar amount of damage at the accident scene, it’s always a good idea to call the police regardless.
In some jurisdictions, the police will not release a car accident report for incidents on private property, including grocery store parking lots or in your home’s driveway. However, the car insurance company may still insist on this, so if you intend to file a claim, try to get a police report regardless of where the accident happened.
Another significant component is whether you live in an at-fault or no-fault state. A no-fault state requires you to file an insurance claim with your own insurance company, while an at-fault state necessitates that you file with the other driver’s insurance company instead of your own.
There are 12 no-fault insurance states, which are:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
Some states allow you to purchase add-on no-fault protection, which makes your insurance policy pay for any medical costs regardless of who is at fault. This policy is an option in the following states:
- Arkansas
- Delaware
- Washington, D.C.
- Maryland
- New Hampshire
- Oregon
- South Dakota
- Texas
- Virginia
- Washington
- Wisconsin
You can decide between these insurance structures in Arkansas, Delaware, or Pennsylvania. If you are from an at-fault state but get into an accident in a state with a different insurance type, you must follow the laws of that state.
In addition, every state’s statute of limitations is different. Some have different statutes for a motor vehicle accident than other personal injury claims. Consulting an attorney versed in lawsuit deadlines for that state can ensure you have the best chance of receiving fair compensation.
State-Specific Time Limits
Each state sets its own statute of limitations for personal injuries. In 2024, they are as follows:
| State | General Deadline |
|---|---|
| Alabama | 2 years |
| Alaska | 2 years |
| Arizona | 2 years |
| Arkansas | 3 years |
| California | 2 years |
| Colorado | 2 years for personal injury claims; 2 years for auto accident claims |
| Connecticut | 2 years |
| Delaware | 2 years |
| Florida | 4 years |
| Georgia | 2 years |
| Hawaii | 2 years |
| Idaho | 2 years |
| Illinois | 2 years |
| Indiana | 2 years |
| Iowa | 2 years |
| Kansas | 2 years |
| Kentucky | 1 year; 2 years for auto accident claims |
| Louisiana | 1 year |
| Maine | 6 years |
| Maryland | 3 years |
| Massachusetts | 3 years |
| Michigan | 3 years; 1 year for personal injury protection (PIP) insurance claims |
| Minnesota | 6 years |
| Mississippi | 3 years |
| Missouri | 5 years |
| Montana | 3 years |
| Nebraska | 4 years |
| Nevada | 2 years |
| New Hampshire | 3 years |
| New Jersey | 2 years |
| New Mexico | 3 years |
| New York | 3 years |
| North Carolina | 3 years |
| North Dakota | 6 years |
| Ohio | 2 years |
| Oklahoma | 2 years |
| Oregon | 2 years |
| Pennsylvania | 2 years |
| Rhode Island | 3 years |
| South Carolina | 3 years |
| South Dakota | 3 years |
| Tennessee | 1 year |
| Texas | 2 years |
| Utah | 4 years |
| Vermont | 3 years |
| Virginia | 2 years |
| Washington | 3 years |
| Washington, D.C. | 3 years |
| West Virginia | 2 years |
| Wisconsin | 3 years |
| Wyoming | 4 years |
Consequences of Missing the Deadline
Car insurance claim deadlines ensure you can receive compensation. There are significant consequences for failing to file a claim in time.
Loss of Right to Sue
Failing to file an accident claim by the deadline generally results in losing the right to pursue legal action. This loss means you must pay for all lost wages, medical expenses, repair shop bills, and other costs.
Exceptions and Potential Extensions
There may be exceptions in some instances. For example, if the at-fault driver flees and cannot be identified, if the case is in arbitration, or if you or the other driver is in jail or the military, it may be possible to extend the statute of limitations.
However, you should still not delay, as these may not be grounds to extend the deadline in all jurisdictions. To ensure you have the best chance of recovering compensation, contact a lawyer for a free consultation as soon as possible.
Why You Should Act Quickly With Car Insurance Claims
In addition to ensuring you can file a claim with the appropriate car insurance policy, there are other reasons why you should respond quickly to a car accident. This includes preserving evidence, finding eyewitnesses, and countering tactics the car insurance company may use to deny your claim.
Evidence Preservation
When making a car accident claim, the insurance company will demand evidence that supports your argument. The more time that goes by, the less evidence will be available, and the more likely your claim will be denied.
For example, if you’re making a property damage claim, you must have a vehicle inspection from a qualified repair shop that was completed shortly after the auto accident. Otherwise, the insurance company can argue that another issue was responsible for the damage.
If you’re making a claim for medical bills, you must have clear evidence that the injury costs are directly related to the accident. If not, the insurance company could argue that your injuries are due to unrelated activities, such as hobbies or sports.
An insurance company may hire private investigators if they are suspicious of your claim, even though fraudulent claims are quite rare. This may work against you, especially if you failed to file promptly.
Witness Availability
Eyewitness testimony, along with a police report and medical records, can be a key element in winning a car accident claim. While eyewitness testimony is truthful approximately 90% of the time, its accuracy may degrade over time, resulting in a considerable departure from the facts of the case.
As such, personal injury attorneys must contact witnesses as soon as possible after the car accident and get their statements before misremembrances or biases taint this evidence. Statements taken directly after the accident, such as in a police report, can be compared with later statements taken during a deposition to prove that the witness’s statements are accurate.
Insurance Company Tactics
Most insurance companies want to pay you as little as possible after car accidents to protect their bottom line. They may use delays to their advantage, demanding more and more evidence of your claim until the deadline has passed and you are no longer eligible for compensation.
This tactic demonstrates why having an attorney to represent you is vital. Personal injury law firms can review the insurance policy and determine what information is critical for submitting a claim, countering the insurance company’s arguments that they need extraneous information.
They will also tabulate your damages, like potential lost income and future medical needs, so you receive a settlement that considers all facets of an accident.
An attorney will also pressure the insurance company to respond quickly to your claim so that, if necessary, they can file a lawsuit before the deadline.
Secure Expert Legal Counsel!
While a car accident can be a disorienting experience, you must contact a lawyer as soon as possible. Attorneys can preserve evidence, pressure the insurance company to respond to your claim, and negotiate effectively so that there is time to file a lawsuit if necessary.
Most importantly, they will be familiar with the laws of your jurisdictions, including relevant statutes of limitations, so that you won’t run afoul of these filing deadlines.
If you’ve been in an accident, Rosenfeld Injury Lawyers is here to help. We have recovered millions in damages for our clients nationwide. We work on a contingency fee basis, meaning you owe us nothing unless we can win your case. We’ll represent you in negotiations with the insurance company and always protect your legal rights.
To schedule your free consultation with an experienced car accident lawyer, call us at (888) 424-5757 or complete our contact form.
References: [1] Forbes, [2] Progressive Insurance