After a serious wreck, you may wonder how long you have to file a car accident claim. The deadline to tell the applicable insurance company about the incident depends on state law and the terms of the contract with the insurer. State personal injury laws also give a different cutoff date for when you would need to bring a lawsuit against those who caused the accident.
Understanding when to take legal action and what you need to do so is critical so you do not miss out on the opportunity to recoup compensation for your losses. An experienced attorney can help you identify the essential dates in your situation and take whatever action—such as filing court documents or notifying third parties—is needed to accomplish the task.
After an incident, you should notify the appropriate insurer about what happened. Who is responsible for filing this report and what company you need to contact depends on the unique circumstances of the collision. For example, if you were driving a friend’s car, they might have to report the situation to the business that insures the vehicle they were in; however, this may be different if you were riding your bicycle or operating your own vehicle.
How long you have to file the accident report depends on where the collision happened and what the insurance contract says. Some policies may ask you to submit the claim within days after the harmful event, but another contract might give you a longer timeframe—say, a month—to do so. Typically, you will benefit from submitting the required paperwork as soon as possible after the crash so that the details are top of mind.
In addition to reporting the collision to the insurer, you may need to bring a lawsuit in court—and do so within the applicable statute of limitations (formal filing deadline) in your state. For example, under D.C. Code § 12-301, an injured person may have three years to submit a formal complaint to request compensation for losses from a car crash.
That said, the window of time you have to take this step varies depending on the specific allegations you are making, the applicable state law, and other factors. For example, a different due date may apply for filing suit when malfunctioning brakes caused the accident versus if a drunk driver is to blame. Additionally, if you are a minor or incapacitated, some states will give you extra time to take legal action against those responsible.
Filing a claim with an insurance company is not the same as bringing formal court charges against someone after an auto collision. You can meet your reporting requirements under your policy but miss the due date to sue those at fault for the incident.
Likewise, the deadlines for filing an insurance claim versus a lawsuit may not impact or extend the other one. In other words, if you tell your insurer about the crash but do not submit a legal complaint before the statute of limitations expires, you may not be able to recover damages in court unless you can prove an exception applies.
When you have to miss work or personal events so you can attend to injuries from a wreck, you may feel frustrated and like it is unfair for you to have to bear this burden on your own. Consider reaching out to a seasoned lawyer who can help you identify and fulfill deadlines for your car accident claim.
Taking swift and decisive action to recover a court award or settlement to address your losses could help set you up for success. Because we understand that legal matters do not always fit neatly into a standard “9-5” workday, our team provides extended availability beyond what traditional firms offer. Contact Price Benowitz today to schedule a no-obligation consultation.
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