Auto Insurance

How Long Do You Have After a Car Accident to File a Lawsuit?

Accidents occur on a regular basis, with almost six million vehicle accidents occurring in the US each year. Being involved in a car accident may be an extremely stressful and upsetting experience, particularly if you were not to blame for the accident. A single incident might leave you with a mountain of medical expenses, car damage, and missed pay due to the time you’ll be out from work.

Most of the time, you may make an insurance claim for damages with the other driver’s insurance carrier. If it doesn’t work, you may need to file a lawsuit following your vehicle accident.

You should consult with an expert vehicle accident lawyer before suing the at-fault motorist. An attorney can assist you in building a solid case and determining if a lawsuit is the best option for your situation. Here’s what you should know:

Always File Insurance Claims as Soon as Possible

Auto insurance plans often require you to report incidents “promptly,” which implies you must report an accident as soon as possible, sometimes even while you’re still on the scene. Consult your policy provider directly to find out how long you have to report under your unique insurance.

After an accident, your insurance may compel you to contact the police within a specified length of time, usually 24 hours. After you’ve reported an incident to your insurance, you’ll have some time to make any further claims. Many major insurers allow you up to two or three years to submit a claim under certain types of coverage. Consult your policy or your provider to see how long you have to make any claims following an accident.

Keep in mind that once you’ve made a claim, your provider may set you a considerably shorter timeframe, sometimes as little as 30 days, by which you must provide any papers relevant to that claim.

Factors Influencing the Time You Have to Sue After a Car Accident

Certain factors may determine how long you have after a vehicle accident to file a lawsuit.

  1. Unjust Death

Depending on your state’s statute of limitations, a wrongful death claim must be launched within two years. A wrongful death suit must be filed by the deceased person’s estate or representative.

It is possible that family members could differ over who will initiate the vehicle accident case. In this case, or if no estate or will exists, the court will appoint a personal representative. If the court receives two or more claims, it will very definitely combine them into a single case.

  1. The Types of Accident Claims

Personal Injury Protection (PIP) Claim—PIP auto insurance compensates a portion of your medical expenditures resulting from a car collision. It is critical to understand what your Personal Injury Protection vehicle insurance policy covers.

  1. Limitations Statutes

The statute of limitations restricts an individual’s time to file a claim relating to a vehicle accident to four years. Understanding your state’s filing deadline laws is critical. Your claim will be null and void once the statute of limitations has expired.

Get Legal Assistance Right Away

While you have two to three years to file a lawsuit against the person who caused your accident, you are not required to do so. It’s always better to begin investigating your alternatives as soon as possible following the accident. You can schedule a consultation with the vehicle accident lawyers at AKD Law, whether you’re submitting an insurance claim for damages or not. They’ll analyze your case and advise you on whether a lawsuit is in your best interests or whether you should accept the insurance company’s settlement.

John Otero

John Otero is an industry practitioner with more than 15 years of experience in the insurance industry. He has held various senior management roles both in the insurance companies and insurance brokers during this span of time. He began his insurance career in 2004 as an office assistant at an agency in her hometown of Duluth, MN. He got licensed as a producer while working at that agency and progressed to serve as an office manager. Working in the agency is how he fell in love with the industry. He saw firsthand the good that insurance consumers experienced by having the proper protection. John has diverse experience in corporate & consumer insurance services, across a range of vocations. His specialties include Major Corporate risk management and insurance programs, and Financial Lines He has been instrumental in making his firm as one of the leading organizations in the country in generating sustainable rapid growth of the company while maintaining service excellence to clients.

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