How Much Time Do You Have to File a Car Accident Claim?

In the end, it’s very important to talk with your legal representative and ensure that you file a claim as quickly as possible.

Since car accidents can be very stressful, you don’t always file a claim right away. However, if you take too much time to file a claim, you might end up losing the right to compensation. That does bring a question, how much time do you have to file a car accident claim? It’s very important to know all this information. In doing so, you can prepare all the documentation and file the claim properly. 

Know the insurance claim deadlines

When you are involved in a car accident, it’s very important to file a claim with the auto insurance company. Sure, every insurance company has their own rules. But the general rule of thumb here is that you must report the accident promptly. Many of them have a timeline, anywhere from 1 day to 30 days. 

If you file the claim after their filing period, the insurance company has the right to deny your claim, due to late reporting. Contact the insurance company as quickly as possible. Then, you can figure out other details. But the focus is to file the claim as fast as possible, and not worry about anything else. It’s going to make the process much better, that’s for sure. 

Know the statute of limitations

Aside from the insurance claims, you also need to know the statute of limitations to file a lawsuit. You can talk with your Fayetteville Car Accident Lawyer and see what the statute of limitations is for your specific region. But in general, for personal injury, the SOL is 2-3 years, for property damage it goes up to 2-4 years, and for wrongful death it’s 1-3 years. As we said, it varies by state, so you always want to know the local info. Otherwise, it can be very easy to miss those deadlines, and that will certainly become a problem. 

What about claims against government entities?

Naturally, most cases will be against regular people or maybe even a business. However, if the accident involves a government vehicle or it took place due to roads that were poorly maintained, government entities get involved. And in that case, you have very strict rules to follow.

You need to file a formal notice of claim within 30 to 180 days at most. You will then have to wait for a response, and only after you get the response you can file a lawsuit. If you don’t follow these procedures correctly, that means you can lose the right to sue the government. 

When does the clock start?

The thing you have to keep in mind here is that if you want to file a lawsuit, you want to know when the clock starts for the statute of limitations. Generally, that starts right at the date of that accident. However, in some cases, that will start when damages and injuries were discovered. If those were not obvious from the date of the accident, then the discovery rule will apply. Another thing to note is that courts will expect diligence, you can’t delay your filing until you find something. So yes, indefinite delays don’t apply, and you have to keep that in mind.

Are there exceptions that can extend deadlines?

One thing to keep in mind is that there aren’t a lot of exceptions that will get accepted. That being said, there are a few that will provide some extra time. For example, if there are minor victims involved, the clock might start with the minor turns 18 years old. If the defendant is absent and out of state, the clock starts when he returns. Also, if a victim is mentally incapacitated, that might also extend the deadline.

The difference between the insurance claim and a lawsuit

A lot of people think that the insurance claim and lawsuit are one and the same. That’s not the case. The insurance claim is a request for compensation that comes from the insurer or the other driver’s insurer. The lawsuit is a legal action you take in court when the negotiations fail, or if the coverage got disputed. A lot of the time, those claims might encounter a settlement, in which situation the case won’t go to court.

In the end, it’s very important to talk with your legal representative and ensure that you file a claim as quickly as possible. And, of course, you want to take the case to court as quickly as possible, especially if you are not at fault. Gather all the evidence and work closely with your lawyer. That way, you can avoid any issues and ensure that all the hassle is managed in an appropriate manner. Filing a car accident claim is very important, and you don’t want to delay that at all. Sure, sometimes issues might arise, but filing the claim quickly is extremely important!