After you have been involved in a car accident it can feel like there are a million things to think about. First, and foremost, you may think about your health and safety, along with everyone else involved in the crash. You may then think about the property damage, calling the police, contacting the insurance companies, calling a lawyer, and the list can go on and on. Also, the accident you have just been involved in may be so serious that you may be left completely disoriented and confused. With so much to think about after a crash, you may fail to realize there is a time limit on filing accident claim. And, if you fail to meet the car accident insurance claim time limit, you could be forever barred from making a claim and being compensated for the injuries you suffered in the crash.
Is there a time limit on car insurance claims?
There is a time limit on when you can file a car insurance claim. So, how long do you have to make an accident claim? The answer to that question can depend. Where the accident happened is the first factor to look at when determining a car accident insurance claim time limit.
Each state has the right to make their own laws on how long after a wreck can you file a claim. And, not surprisingly, the time limits are different across states and can vary by years. For example, if you are involved in an accident in Kentucky, you only have one year to meet the car insurance claim time limit. However, if your wreck occurs in Maine or New Jersey, then you have six years to file your claim.
You may not think the difference between one state’s time limit and another state’s time limit matters to you, as you may spend most of your time driving in one state. However, you may find yourself on a road trip, frequently crossing over state lines and passing through different states. If, for example, your trip took you across a rural highway between Utah and Nevada, where your crash occurs could make a big difference. If the accident you are involved in occurs on the Nevada side of the state line, you will have two years to file your claim. However, if the same accident happens in Utah, then you would have double that amount of time, or four years, to file your claim. So, unless all of your travel is restricted to your home state, you cannot learn the statute of limitation for just that state and assume that time limit will follow you wherever you go.
Your age is another factor that can affect the question of “How long after an accident can I file claim”.
A person’s age is usually not something that needs to be thought about after an accident occurs. However, if a minor has been involved in a wreck, then that will change how long to file claim after car accident. Because most laws are drafted to protect the rights of minors as much as possible, the time limit does not begin to run for a minor that has been involved in a crash until after the minor turns 18 years old. Therefore, if a 16-year-old has been involved in an accident in the state of Utah, then the minor will have six years, or until the individual turns 22 years old, to file the claim. The same minor would have four years, or until they turn 20 years old, to file a claim in Nevada.
The property damage claim time limit can also be different from the bodily injury claim time limit.
In the majority of states, the time to file a bodily injury claim and a property damage claim are the same. However, that is not true of every state. In some states, like California, Georgia, Idaho, Illinois, Iowa, Kentucky, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, South Dakota, Tennessee, Virginia, and Wisconsin you will have more time to file your property damage claim than your bodily injury claim. In fact, in Rhode Island you have 10 years to file your property damage claim. However, in a couple states, the time to file a property damage claim is less than the time you have to file a bodily injury claim. This is true in Montana and Utah. Therefore, it is important not to assume that because you have three years to file on your bodily injury claim, you will have the same amount of time to file on your property damage.
This list can help you determine the difference between the statute of limitations for a bodily injury claim and a property damage claim across the country. However, it is always best to consult with an attorney after you have been involved in a crash.
Because of the time limit on filing accident claim, it is important to not wait to move forward with your claim.
You may think that the amount of time given to file on a car accident claim is a long time. However, the time it takes to resolve a claim after an accident can take months, and even years. For most cases, the goal should be to settle the claim before a lawsuit is filed. Therefore, if possible, an individual should start working to resolve their claim just days after the wreck occurs. And only after everything has been done to resolve the claim before litigation has been done, should a lawsuit be filed. So, when thinking about the statute of limitations insurance claim, you cannot just think about the time it takes to prepare a lawsuit and file it with a court. Instead, you must also consider the months and month of treatment that often takes place after a crash, the time it takes to gather the medical records and bills, and the negotiations that take place after you ask the insurance company to settle your case at a given amount.
And remember, once the deadline passes, there is nothing you can do to force the insurance company to compensate you for the accident. So, it is best to hire a lawyer after an accident. The experienced attorneys at Valiente Mott can help you navigate the complicated path of resolving a claim after an accident.
See what our clients are saying:
Denise Joseph
Upon choosing Mr. Mott as my attorney, I didn’t expect timely results. With effectiveness, determination, courageous spirit, analytical skills, and dedication, I felt honored. I truly appreciate you didn’t give up on me, or my case, and that you resolve my case efficiently. I would not hesitate to recommend your firm to anyone in need of a professional lawyer. Thank you very much for your service to me. I’m beyond grateful!
Antonella Choi
The most responsive, attentive, professional and trustworthy law firm in Vegas. I highly recommend anyone to look into Valiente Mott as their first option for legal council. I couldn’t be more thankful for the way they took care of my case. Big thanks to Tim and his team!
Seth Schorr
Amazing! They got me way more money than I ever expected, they were always able to answer questions whether I texted or called. They always update me throughout the process. Will use them again in the future without a doubt and will recommend my family and friends. Thank you guys so much!!!!!
Oriana G. Ramos
Tim and his team are great! They were quick to respond whenever I had a question about my case or if I had any concerns. I’m very appreciative with everything this law firm has helped me with. Thanks guys for being so professional!
Jeff A.
I’ve had the pleasure of working with Tim Mott and the Valiente Mott team for nearly a year now. Tim (one of the founders) is an incredibly bright, genuine, caring human being. At every moment, you can tell by his demeanor, personality, and work ethic that he always has your best interests at heart.
Tim is more than a lawyer, he’s an ally, a friend, everything you need during the hardships you may face during a legal case. Do yourself a favor and have them represent you!
Veronica de Lucas Heath
They were very professional and at the same time concerned about my family and I. I received my settlement in a timely matter. Thank you all for your help. They work as a great team to help you ASAP. I recommend them to anyone who needs a lawyer.
Marisa Rodriguez
I highly recommend Valiente Mott! I had the privilege of working with Mike Valiente and Tim Mott before they founded their firm and I can attest to the quality of their work. They are very intelligent, incredibly hard-working, and very compassionate–such a rare and valuable combination. I hope never to need their services, but if I ever do, I would trust them with my case.
Justin Angelo
Best experience ever dealing with an attorney. Took time to explain to me all my options. Best choice I’ve ever made. 100% satisfied
Jacob Huerta
First time I’ve ever experienced anything to do with a lawyer. It was nothing but amazing and very easy I did little to no effort and they did all the grunt work for me. I will always recommend valiente Mott for people that are in need of their services. I couldn’t be more happier from what they have done for me and my family! Thank you very much.
Paul Lampi
The entire experience was excellent! I was helped every step of the way and all of my questions were answered promptly and all of my needs were professionally met. I recommend Valiant and Mott to anyone needing quality, and professional attorneys who will treat you as an important client whether your case is large or small. My highest recommendation!
Derek Kerns
Nate Quist was great to work with. He always made sure that I was good first before doing any type of business. He always looked out for my best interest and what made me comfortable. I felt Nate looked at me like a person and not just another case. Definitely recommend.
