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How Long After a Car Accident Can You Claim Injury?

If you’ve been injured in a car accident, your first priority is recovering. After that, you may focus on returning to work or repairing your vehicle. However, as medical bills mount and you face possible changes to your employment or quality of life, you might wonder: how long do you have to file an injury claim after a car accident?

Filing a personal injury claim can help recover damages such as medical expenses, lost wages, and vehicle repair costs. In cases of negligence, such as drunk driving or fleeing the scene, you may also be eligible for punitive damages.

What Is a Car Accident Injury Claim?

A car accident injury claim, also called a personal injury claim, allows you to seek compensation for damages caused by the accident. This may include medical expenses, lost wages, vehicle repairs, and pain and suffering.

The process typically starts with filing a claim with the responsible party’s auto insurance. In some cases, your own policy may cover damages, such as in a hit-and-run. If a fair resolution isn’t reached, you can file a claim in court.

How Long Can You Wait to File an Injury Claim?

Each state sets its statute of limitations for personal injury claims. This determines how long you have to file a lawsuit after an accident. Here are the time limits in different states:

1 to 2 Years

  • Louisiana and Tennessee allow only one year to file a claim.

  • Most states, including Alabama, California, Arizona, and Connecticut, provide a two-year limit.

3 Years

  • States like Colorado, Maryland, and Massachusetts allow three years for filing.

4 to 6 Years

  • Florida and Wyoming provide a four-year limit.

  • Missouri allows five years.

  • Maine, Minnesota, and North Dakota offer a six-year window.

When Is the Best Time to File a Claim?

The best time to file a claim depends on the nature of your injuries:

  • Minor to Moderate Injuries: Filing sooner is better, as delays may complicate proving the severity of your injuries and their impact.

  • Severe or Long-Term Injuries: Waiting for a doctor’s prognosis can ensure you claim sufficient compensation for long-term costs.

Steps to File a Car Accident Injury Claim

Step 1: Gather Evidence

Collect as much information as possible, such as the other driver’s details, witness contacts, and photos of the scene. If the damage is significant or the other driver flees, contact the police immediately.

Step 2: Seek Medical Attention

Visit a doctor promptly, even if you don’t feel injured. Medical records are crucial for supporting your injury claim.

Step 3: Consult an Attorney

Before speaking to insurance companies, consult an attorney. They can help protect your rights and prepare you for interactions with insurers.

Step 4: Contact Insurance Companies

You can report the claim to insurance companies when ready. An attorney can also handle communication on your behalf to avoid lowball settlements.

Step 5: Negotiate or File a Lawsuit

If negotiations with the insurance company fail, you can file a lawsuit in civil court. Be mindful of your state’s statute of limitations when pursuing this option.