How Long After An Auto Accident Can You Claim Injury For Insurance Purposes | Kubota & Craig

Injuries resulting from car accidents can be traumatic, requiring significant medical attention and subsequent recovery. During this time, it is understandable that the last thing anyone wants to worry about is the legal process for filing an injury claim with their insurance company. It’s essential to understand the timeline of when you can file a claim, as the law limits the amount of time to pursue damages.

The statute of limitations for car accidents varies by state and marks the maximum amount of time following an accident in which someone can file a lawsuit. The purpose behind this is to ensure claims can be resolved timely and facilitate fair decision-making based on available evidence. Once this time period has elapsed, individuals who wish to pursue compensation lose the right to do so.

It’s important to note that distinction between statute of limitations for personal injury claims (injuries) and property damage claims.

Depending on your state, the timeline will vary, but as shown in this table, it ranges from one year to six years after the injured person sustained these injuries.

Let’s say you reside in New York and incurred substantial injuries from a car collision on January 1st, 2022. The statute of limitations would give you until January 1st, 2025 – three years after the date of collision – before losing your rights to seek compensation from either your auto insurance or liability insurance provider.

So what happens if you try to file a claim outside the statute? Keep reading to learn about probabilities and exceptions.

If you’ve been involved in a car accident and suffered injuries, filing a claim to receive compensation is essential. You may have medical expenses or lose earnings due to the injury and inability to work. Filing an insurance claim can help you recover these costs.

Firstly, file an injury claim with your insurance provider. Provide accurate details and necessary documents related to the accident. Secondly, investigate fault liability in collaboration with your attorney. Investigation may take time but will ensure maximum coverage for losses incurred.

Following the investigation, negotiate with insurance providers on a settlement amount. Ensure that all information related to the accident is communicated, including medical bills and lost wages.

Once you and the insurer reach an agreement on a settlement amount, sign documents and collect compensation awarded.

Learn more about the car accident attorneys at Kubota & Craig, and the areas they serve.

Exceptions to the statute of limitations do exist, and you may still be able to file a personal injury claim if certain conditions are met. One common example is when the victim in question is a minor at the time of the accident. Since minors cannot legally file suits until they reach 18, the statute of limitations for them begins on their 18th birthday. In other cases, claims involving government entities or dram laws have altered statutes of limitation.

In recent times, due to changes in environmental hazards, courts can apply exceptions for injuries in which one doesn’t discover its cause until years later, such as from exposure to toxins like asbestos and lead paint.

It’s also essential to avoid delays once you’ve determined that the statute applies in your case. Filing an insurance claim after a car accident can take time, depending on the severity and complexity of your injuries and damages. However, it should always happen as soon as possible to preserve the right to file for compensation.

With that being said, while statutes provide deadlines for commencing lawsuits – successful settlement claims require solid evidence against at-fault parties beyond reasonable doubt.

Therefore, it is crucial to keep detailed records: pictures of your car accident; medical bills; communications with insurance companies, and witness statements. They provide concrete evidence in court offsets legal disparities and gives you a better chance of success.

Having explored Statute & Limitations, including some of the exceptions, let’s investigate what happens once you decide to proceed with filing an insurance claim.

Suppose you’re part of a multi-car collision where another driver rear-ended your vehicle at high speed while parked at a red light. The impact of collision has caused physical pain and emotional trauma, affecting your day-to-day activities severely.

Medical documentation plays a crucial role in proceeding with an injury claim affecting aspects such as settling rates, litigation decisions and handling legal actions. It’s essential to seek medical attention immediately after being involved in a car accident since signs of injury may not be present until some time has passed.

It’s common for insurance companies to require proof of loss due to injuries when filing claims such as copies of emergency room visits reports. That said, it’s crucial to go beyond ER documentation; if symptoms persist after receiving initial treatment, visit specialists experienced in treating motor vehicle-related injuries such as chiropractors or orthopedists.

It’s important to understand that medical documentation can also strengthen your case if lawsuits arise.

Insurance policies differ for each provider. Before you even think about making a claim, you need to understand the specifics of your policy. Insurance providers usually have strict deadlines during which their clients must file injury claims.

If a car accident occurs, you must contact your provider immediately to secure your claim. Small mistakes like not contacting them within 24-48 hours of the accident or failing to get a medical examination can lead to rejection of your claim. Contacting your provider promptly is essential for proper documentation and validating the injury.

Such was the case with Alice, who was driving to work when suddenly another car hit her from behind, causing severe back injuries. The first thing she did was reach out to her insurance provider immediately to report her injuries, along with filing a police report documenting the incident. Afterward, she visited a doctor who diagnosed her injuries and helped with reports requested by her insurance company.

It’s also important that after being involved in an accident; you should educate yourself about your insurance coverage to ensure optimal compensation for any injuries sustained.

Now let’s explore how soon one should contact their provider post-accident.

Post-accident proceedings can be overwhelming, however time is of the essence when it comes to contacting your insurer regarding an injury claim following an accident. Timeframes differ between insurers and depend on state insurance laws. However, we recommend getting in touch with your insurer as soon as possible after the accident while complying with state specifications.

If left unreported for too long, insurers may argue that they had no chance to examine the vehicle or file reports required for processing injury claims arising from accidents.

In general, insurers provide up-to-date information on when you should file a claim after the accident. Failure to report within this period may result in denial of benefits/deprived rights or extreme delays in settling claims, leaving you without adequate compensation for your injuries.

We have heard of cases where an individual had been involved in an accident and was uncertain on how to proceed. According to insurance policies, they had up to 48 hours after the accident to report any sustained injuries, file police reports, and notify their insurer. Not having consulted with a legal professional after being unsure of what to do next, they later discovered that their policy required notification within 24 hours of an incident.

Accordingly, it’s best to contact your insurer immediately after the accident. Call them from the accident scene if possible or as soon as you can afterwards, providing relevant information and documentation around injuries sustained and medical attention received.