How Long After Accident Can You File a Claim?
How Long After Accident Can You File Claim: Each state has its statute of limitations, which tells you the maximum amount of time you have to file a claim or lawsuit. The period can vary depending on the type of claim, such as bodily injury versus property damage.
Auto Insurance Claims Statute of Limitations by State
| State | Bodily injuries | Property damage |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 3 years |
| Colorado | 3 years | 3 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| Florida | 4 years | 4 years |
| Georgia | 2 years | 4 years |
| Hawai | 2 years | 2 years |
| Idaho | 2 years | 3 years |
| Illinois | 2 years | 5 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 5 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 2 years |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 6 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 6 years | 6 years |
| Mississippi | 3 years | 3 years |
| Measurements | 5 years | 5 years |
| Montana | 3 years | 2 years |
| Nebraska | 4 years | 4 years |
| Nevada | 2 years | 3 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 6 years | 6 years |
| New Mexico | 3 years | 4 years |
| New York | 3 years | 3 years |
| North Carolina | 3 years | 3 years |
| North Dakota | 6 years | 6 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 6 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 10 years |
| South Carolina | 3 years | 3 years |
| Dakota del Sur | 3 years | 6 years |
| Tennessee | 1 year | 3 years |
| Texas | 2 years | 2 years |
| Utah | 4 years | 3 years |
| Vermont | 3 years | 3 years |
| Virginia | 2 years | 5 years |
| Washington | 3 years | 3 years |
| Washington, DC | 3 years | 3 years |
| Virginia Occidental | 2 years | 2 years |
| Wisconsin | 3 years | 6 years |
| Wyoming | 4 years | 4 years |
What happens if you don’t file a claim right away?
The longer you wait to file a claim, the more difficult it will be for your insurer to investigate. That, in turn, can increase the chance that your claim will be denied.
Your auto insurance policy may state that you must start your claim immediately or no more than 24 hours after the damage to your vehicle occurred. However, waiting longer will not prevent you or another driver from filing a claim or lawsuit months or years later, as long as the claim is filed within state laws. This is because some injuries and types of mechanical damage are not noticed until days or weeks after an accident occurs.
If you (or another driver) wait to file a claim, insurance companies may become suspicious of why you waited. They will often investigate whether the damage was actually a result of the covered accident or whether it occurred afterward. If they find legitimate reasons to doubt your claim, they can deny coverage.
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Do I claim my insurance or the other driver?
File your claim on your collision the personal injury protection (PIP) sure if:
- # You were to blame
- # The accident occurred without fault
You can file your claim through the other driver’s insurance if:
- # The other driver was at fault.
- # You suffer from ongoing or permanent physical injuries.
- # Your treatment costs are greater than your policy coverage.
How long do you have to report a car accident?
Most states require you to report an accident immediately, but some states allow up to 30 days. In states where you must report it immediately, you are expected to call the police at the scene of the accident.
| State | Time limit |
|---|---|
| Alabama | 30 days |
| Alaska | 10 days |
| Arizona | Immediately |
| Arkansas | 30 days |
| California | 10 days |
| Colorado | 60 days |
| Connecticut | 5 days |
| Delaware | Immediately |
| D.C. | 5 days |
| Florida | 10 days |
| Georgia | Immediately |
| Hawai | Immediately |
| Idaho | Immediately |
| Illinois | 10 days |
| Indiana | Immediately |
| Iowa | 3 days |
| Kansas | Immediately |
| Kentucky | 10 days |
| Louisiana | Immediately |
| Maine | Immediately |
| Maryland | 15 days |
| Massachusetts | 5 days |
| Michigan | Immediately |
| Minnesota | 10 days |
| Mississippi | 10 days |
| Measurements | 30 days |
| Montana | Immediately |
| Nebraska | 10 days |
| Nevada | Immediately |
| New Hampshire | 15 days |
| New Jersey | Immediately |
| New Mexico | Immediately |
| New York | 10 days |
| North Carolina | Immediately |
| North Dakota | Immediately |
| Ohio | 2 days |
| Oklahoma | Immediately if there are injuries or death, 6 months for property damage only. |
| Oregon | 3 days |
| Pennsylvania | 5 days |
| Rhode Island | 21 days |
| South Carolina | 15 days |
| Dakota del Sur | Immediately |
| Tennessee | 20 days |
| Texas | 10 days |
| Utah | 10 days |
| Vermont | 3 days |
| Virginia | Immediately |
| Washington | 4 days |
| Virginia Occidental | Immediately |
| Wisconsin | Immediately |
| Wyoming | Immediately |
Although you may be given anywhere from a few hours to several weeks to report an accident, doing so immediately after the collision will help the claims process go smoothly and increase your chances of recovering your losses.
Insurance companies and courts rely on police reports as vital evidence, and having an officer evaluate the incident scene helps insurers determine who was at fault. Also Read: Top 10 Best Car Accident Lawyers in Sacramento
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Do you have to report a car accident?
In minor accidents where no insurance claim will be filed, reporting may not be necessary at all. Most states require you to report accidents with injuries or more than $2,000 in property damage. Still, since certain injuries and types of vehicle damage are not evident until days or weeks later, it is always best to contact the police immediately after an accident. The police report will be evidence of all reports you file with the DMV and any claims you may file with your auto insurance company.
