When Should You File an Injury Claim After a Car Accident?

From the pain of any injuries to the stress of understanding the legal process ahead, the hours, days, and weeks following a car accident can feel like a whirlwind. However, as overwhelming as the process may seem, accident victims must take certain steps after receiving medical treatment to ensure they’re eligible for full and fair restitution later down the line.

One of the most important steps is the timely filing of your injury claim. As a general rule of thumb, it’s recommended that anyone injured after a car accident file a claim with their insurance provider as soon as they discover pain or discomfort. Whether at the scene of the accident or weeks later, seeking medical attention and notifying your insurance provider goes a long way when negotiating future compensation.

It’s also recommended to team up with an experienced law firm when you realize you’ll be entering the injury claim process. Their involvement can help you better understand each step of your claim while advocating for maximum value from beginning to end. At Morgan and Morgan, this is our specialty, and we’ve established a proven track record of client success in the 3+ decades we’ve advocated for the rights of those wronged by third-party negligence.

Continue reading for more information about the timing of your injury claim. When you’re ready to speak with a legal expert, complete our free, no-risk case evaluation to get started with our team.

Understanding the Personal Injury Claim Process

Although everyone’s case involves unique details, the personal injury claims process follows a traditional process each time. Each stage comes with specific requirements and deadlines that accident victims must meet to receive fair and full compensation.

One of the first important deadlines is filing your police report, as this serves as foundational evidence that the accident actually occurred. Each jurisdiction has different laws concerning the timeline in which accident victims must file their reports. For example, New York offers a ten-day window for filing police reports of accidents involving property damage worth more than $1,000.

It’s generally recommended that a police report be filed as soon as possible. Once you do, it’s also an excellent opportunity to consider your legal representation for the path forward.

Important Legal Deadlines After a Car Accident

After filing a police report, there are a few other important deadlines you must keep track of, including:

Deadline for Medical Treatment

Most insurance policies require anyone injured to seek medical treatment within 72 hours of their accident to remain eligible for compensation. However, there are often situations where accident victims don’t start to suffer from the damage of their accident until weeks, months, or even years later. In these cases, seeking medical treatment and filing a claim with your insurance provider promptly is still important because you still may still qualify for coverage under a special circumstance.

Deadline for Notifying Insurance Providers

Notifying your insurance provider about the accident marks the beginning of the claims process. The timeline for this notification can vary significantly, whether you're in an at-fault or no-fault state, and by the policies of individual insurance companies. 

Some companies, like State Farm, require immediate notification within 24 hours of the accident, while others, like Liberty Mutual, may offer a window of up to 20 days. Your contract details will tell you more about the timeline that affects you personally. Still, it’s better to file sooner rather than later to ensure you’re within the required timeframe.

Statute of Limitations

The statute of limitations is a timeframe unique to each jurisdiction during which victims are allowed to file claims for their accidents. When this time expires, victims can no longer seek compensation for their accidents unless there are other special circumstances.

Each state’s statute of limitations for filing a personal injury claim after a car accident:

• Alabama: 2 years
• Alaska: 2 years
• Arizona: 2 years
• Arkansas: 3 years
• California: 2 years
• Colorado: 3 years
• Connecticut: 2 years
• Delaware: 2 years
• Washington, D.C.: 3 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
• Louisiana: 1 year
• Maine: 6 years
• Maryland: 3 years
• Massachusetts: 3 years
• Michigan: 3 years
• Minnesota: 2 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
• West Virginia: 2 years
• Wisconsin: 3 years
• Wyoming: 4 years

Morgan and Morgan Can Help You Keep Your Injury Claim on Track

Teaming up with expert legal representation is one of the best ways to ensure you’re meeting the deadlines necessary to guarantee fair and full compensation. At Morgan and Morgan, our specialized car accident lawyers can help you navigate through the legal process for no upfront or out-of-pocket costs while significantly increasing your chances of reaching a favorable outcome with endless resources.

Our team fights For the People and will never settle for a penny less than our clients deserve. Complete our free, no-risk case evaluation to get started.