Even minor injuries and pain may linger for weeks or months after an accident — car accident, slip or fall injury, dog bite, etc. More serious injuries will require medical treatment that may be ongoing with no clear end in sight.
If you're making a legal claim for your injuries, how do you know how much compensation to demand if you're still in the healing process? Should you prepare your insurance claim or injury lawsuit now? If you're still receiving medical treatment for your injuries, you don't need to wait to file a claim.
In fact, it's a good idea to get the process started, whether we're talking about an insurance claim or a personal injury lawsuit. That's because you'll eventually run into a filing deadline when it comes to a lawsuit, and if you're going to take the matter to court, you need to comply with that deadline.
Getting the case started is one thing, but you don't want to resolve your case i. With every kind of lawsuit, there is a state law that sets a deadline for going to court and getting the case filed.
This law is called a statute of limitations, and there are different deadlines for different kinds of cases. A car accident, slip and fall, dog bite, or similar type of case will be governed by the personal injury statute of limitations in your state.
The time limit for making a bodily injury claim is typically shorter than the time limit for making other claims vehicle damage, property damage, etc. Bear in mind that your insurance company does not decide the time limit for filing a claim. The final word is always the government statute in your state. After an accident, some damages or injuries do not become apparent until days or weeks later. If you think this may be the case with you, it may be a good idea to wait to file a claim.
If you file later than the time limit, the insurer has the right to reject your claim. The longer you wait to file a claim, the more likely it is that your insurance company might be suspicious.
For instance, if you file a bodily injury claim three months after an accident, the insurer might wonder if the damages were because of the accident or because of something that happened later. This could lead to an investigation and end up in a denied claim. Filing late could also lead to diminished evidence and make it harder to establish your case. If you are wondering how long after an accident you can file a claim, the answer is that it varies from one state to another.
Each state has its own statute of limitations, which insurance companies have to abide by. The following are the limitations in each state:. One of the first things that needs to be done after an accident is informing the police and it should ideally be done within 24 hours of the incident. Reporting the incident is different from filing a claim with your insurer. When you report the accident, it means there is now a formal record of the incident taking place.
If it is a minor fender bender with no damage and no need for a claim, you may still be able to do without reporting the incident. But if it has caused major damages and injuries, you should report it without delay. A car accident police report limit may vary by state. When you file an insurance claim, your insurer will ask for a formal police report.
This is why the sooner you get it done, the smoother the claims process will be for you. Yes, if the vehicle was damaged or if you are filing a bodily injury claim, you will almost always need a formal police report. This helps the insurance company rule out foul play and establish fault. A police report is also required if you want to sue the other party involved for damages.
The time limit for filing a car insurance claim is set by the government and varies by state. The easiest way to do this is by calling the emergency hotline or customer helpline number of your insurance company. If you are filing a claim, you must have a formal police report, pictures and videos as proof to establish fault, and specific details of the accident, such as time, day, exact location, parties involved, etc.
Your insurer may send an appraiser to take a closer look at the scene of the accident and the state of the vehicle. How We Make Money. Cynthia Widmayer. Written by. Cynthia Widmayer has over two years of experience as a personal finance writer. She covers home, car and life insurance products for Bankrate, the Simple Dollar, and Coverage. Otherwise, you can call an agent directly and they will walk you through the process.
As you get your claim started, you can also have them dispatch a tow truck for you. Once the auto insurance claim process is underway, your insurance provider will assign an adjuster to your claim.
This claims adjuster is the person in charge of gathering the necessary evidence to confirm that the check provided to you is sufficient to cover your damages. Your adjuster will usually request specific documentation and may want to schedule a time to look at your car in person. Work with them to keep your claim moving forward without delay. The objective in filing an auto insurance claim is to get all of the expenses related to your accident covered. To ensure you have good proof of those expenses, keep any documentation related to the accident.
It can be helpful to start a file with all the paperwork related to your claim for ease of reference — including receipts, your police report and any notes you took right after the accident. For more details on how to navigate the next steps after a car crash, check out our guide on what to do after any auto accident.
If you want to file a claim past the applicable statute of limitations in your state, you are likely out of luck. If you reported your accident to them at the time the incident happened, you are in a better position to approach the claim. Be prepared to provide plenty of evidence to prove to your insurer that your injury resulted from the accident, not from another incident in the last few months.
Make your life easier by reporting your accident right away. The window of time you have to file a claim varies based on:. It is best practice to report the incident to law enforcement and your insurer in the event of an accident.
Additionally, it can make your claims process much easier if you report the accident to your insurer promptly. Kacie Goff is an insurance writer for Coverage. She loves taking complex concepts and distilling them down to make it easier for people to understand their coverage options. May 11, Elizabeth Rivelli. June 1, Mary Van Keuren.
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