How Long After A Car Accident Can You Claim Injury?

Home » Injuries » Claims

How long after a car accident do you have to claim injury? A question that many people are wondering when they have been in an accident and are not sure whether or not they should wait to file their car accident claim. If you want to know how long after a car accident can you make your personal injury insurance claim, then this article is for you! We will discuss length of time for claiming a personal injury from a car accident and what issues may arise if the person continues waiting to file their insurance claim. It's important to note that the statute of limitations on a car accident claim will expire so it's best not to put things off any longer than necessary.

In order to know how long after a car accident can someone claim injury, it's important to know what type of injuries they are claiming. There are two types of serious physical injuries that may be claimed from a car accident and these include soft tissue injuries (such as whiplash) or fractures in the neck.

Soft tissue injuries typically heal on their own but if not treated correctly with time, can lead to permanent damage such as chronic pain and arthritis while bones take much longer than just weeks for healing depending on severity. If you have been injured within any part of your body due to a car accident, then this article should help answer some questions about how long you can wait before filing your lawsuit.

How Long After A Car Accident Can Injuries Appear?

The timing of injuries after a car accident is one variable that can come into play when trying to determine the statute of limitations on your case.

Injuries from a car accident typically present themselves during days or even weeks following the event and sometimes may not appear until months later, which makes it difficult for victims to find out how long they have before their injury becomes time-barred under certain statutes.

Typical symptoms include pain in different parts of the body such as back, neck, shoulders, arms and legs; tremors or shaking hands; slurred speech; difficulties with balance and coordination; numbness all over or localized sensations where there should be none due to nerve damage/loss etc.; muscle spasms without physical contact; and so much more.

In the event  of a car collision, it is recommended that you seek medical attention immediately.

If your personal injury does not appear until days or weeks after the event and you are no longer within time to file for compensation in court, consult with an experienced auto accident attorney who can find ways to preserve your rights. Your lawyer may be able to get past statute of limitations by filing suit under ‘delayed discovery’ laws which allow people reasonable time following trauma before they discover their injuries as long as the delay was due to factors beyond their control such as: pain masking drug use; evidence loss from crash site cleanup etc.; mental health issues like post-traumatic stress disorder (PTSD) or depression; lack of knowledge about how symptoms should manifest themselves.

These are all variables that affect the length of time you have to file an insurance claim for an injury from a car accident.

Statute of Limitations To File A Claim Varies By State

The length of time you have to file a claim for an injury from a car accident varies by state. In general, the statute requires that your personal injuries be discovered within two years and/or 180 days after they first occur or should reasonably be known about. Below is a breakdown of the statute of limitations by state:

StateTime Limit
Alabama2 years
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years
Colorado3 years
Connecticut2 years
Delaware2 years
Florida4 years
Georgia2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Iowa2 years
Kansas 2 years
Kentucky1 year
Louisiana1 year
Maine6 years
Maryland3 years
Massachusetts3 years
Michigan3 years
Minnesota2 years
Mississippi3 yeras
Missouri5 years
Montana3 years
Nebraska4 years
Nevada2 years
New Hampshire3 years
New Jersey6 years
New Mexico3 years
New York3 years
North Carolina3 years
North Dakota6 years
Ohio4 years
Oklahoma2 years
Oregon2 years
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
South Dakota3 years
Tennessee1 year
Texas2 years
Utah4 years
Vermont2 years
Washington3 years
Washington, DC3 years
West Virginia2 years
Wisconsin3 years
Wyoming4 years

Is It Better To Delay Filing My Claim For Injuries?

No! you should file a claim as soon as possible. You may be tempted to wait and see if the symptoms of your injuries will manifest themselves before you file but this could cost you valuable time in getting compensation for the damages caused by someone else's negligence on the road

A lawyer can help answer any questions or concerns about whether it is best to file a car accident claim sooner rather than later, but you will always be going against the statutes of limitations in your jurisdiction.

The main benefit of waiting to file a claim for an injury from a car accident is that you can give your body time to recover before the statute of limitations expires. The legal process can be lengthy and time consuming, so a lot of times it is recommended to focus on recovering first. But this is also why an injury lawyer can be a valuable asset in these times.

If we only have 180 days after the date of the incident, those last few weeks and months might make all the difference in our physical recovery. If we don't file within two years, though, it may be considered too late for us to receive compensation for any injuries sustained during this type of collision. We might also face difficulties if something else happens as well. For example:

  • A person's symptoms may not show up until later on down the line
  • The other driver involved in this wreck has since filed bankruptcy - which means they won't need to pay out damages associated with their negligence
  • The person who caused the accident may not remember what happened because they were intoxicated

If we wait too long before filing our claim, these factors can make it difficult to prove that a car wreck is responsible for an injury.

This means that if you have any injuries sustained in this type of incident and are waiting on your symptoms to show up or the other driver's assets being seized due to bankruptcy proceedings, then time could be running out for us when it comes to claiming compensation! If there is no statute of limitations on auto accident claims - but those last few weeks and months after might have made all the difference between receiving compensation or not- It's important that we understand how much more we stand to lose by continuing waiting.

What Is The Time Limit For Uninsured Motorist Claims?

Uninsured motorist claims are a subset of what is known as no-fault car insurance policies. If you live in one of the states where these types of laws exist, then your insurer will cover damages from an accident regardless of who was at fault up to certain limits. In most scenarios, this means that if somebody with coverage collides into somebody without it and injures them or kills them (or both), then the person's own policy would be responsible for paying all medical bills until they reach $250k-$300k in total costs.

The time limit when it comes to uninsured motorist claims can vary depending on state law and how strictly different courts interpret those rules. This legal matter is best handled by a car accident attorney in your state.

What Is The Time Limit For Underinsured Motorist Claims?

Underinsured motorist claims are different from uninsured ones in that they deal with a situation where, for whatever reason, the driver at fault only has liability coverage and not full bodily injury.

The time limit when it comes to these types of claims can vary depending on state law and how strictly different courts interpret those rules. This legal matter is best handled by an auto accident lawyer in your state.

What Should I Do Before Filing A Claim?

Before filing a claim, it is important to know the following:

The statutes of limitations in your state when it comes to making an injury claim after an accident. Some states allow you two years or more before they'll consider your case expired while others will only let you have as little as one year.

What types of damages are covered under uninsured motorist coverage. This includes things like injuries sustained by passengers in the car (if any), medical expenses resulting from treatment and lost wages due to not being able to work because of said injuries. Medical bills that come up out of nowhere can quickly become too much if there's no help with paying them off so having this type of coverage may be necessary depending on where you live and what coverage you carry with your insurance company.

Who is considered an uninsured motorist? This term applies to the driver of a car who lacks enough insurance coverage or wasn't carrying any at all.

What are some other ways that you can help with medical bills without having to file for a claim after an accident (i.e. using your own health insurance)? There may be emergency funds available through hospital discounts, as well as prescription drug assistance programs and/or charity care. These options will vary depending on where you live but there should be something out there in order to make sure those bills don't keep piling up while waiting around for the statute of limitations to expire before filing a claim against another party involved in your accident.

Can You Claim Injury After 3 Years?

Depending on the state you live in you may be able to claim injury after three years. Currently, the states with a statute of limitations over three years are Florida, Maine, Missouri, Nebraska, New Jersey, North Dakota, Ohio, Utah, and Wyoming.

If you're wondering what to do if the statute of limitations has expired before filing a claim against another party involved in your accident there are many options available depending on where you live but it is best not to wait around until after the time limit expires! The sooner that you file for injury from an accident, the more likely that you will be able to receive compensation for medical bills or other damages from injuries sustained during said collision.

What Happens If I Didn't Discover My Injury Immediately?

If you did not realize that there was an injury until a few months later, or even years after the accident occurred this is called "latent" disability. Latent disabilities are still valid, but may need to be documented by a doctor and claimed within two years of discovery for your case to be taken seriously in court.  It's important to assess the damages of the accident at the scene of the accident and report it to your auto insurance to help your potential injury claims. These documents can be used later when filing a claim with your insurance or if you wish to file a lawsuit against the other driver.

Submit Your Questions

We love answering readers questions. If we didn't answer it already, please submit it to us
Ask A Question
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.