Your insurance company might say you need to start the claim process as soon as possible after a car accident, but you may have more time than that. If you’re filing a lawsuit, the statute of limitations for personal injuries and property damage can be anywhere from one year to 10 years, depending on your state. Additionally, time limits also depend on whether it’s a property damage or injury claim.

If you're filing a claim with an insurance company, you have as long as your car insurance company or policy says you have to start the claim process after an accident, which could mean when the accident occurs or within 24 hours. It varies from company to company.

You'll learn more about that in this article, as well as:

How long do you have to file an insurance claim after a car accident?

You might have as little as a day to start the claim process with your car insurance company. The insurance claim time limit for a car accident depends on:

  • Which car insurance company provides your coverage.
  • Whether you file a bodily injury or personal property damage claim in the wake of the incident.

Most insurance companies just say you need to file a car accident claim “promptly” and do not specify a timeline.

Insurers may detail these time limits in the documents they send people who buy auto coverage from them. Look over your policy to find out when your insurance company wants you to file a claim after a car accident.

All states have statutes of limitations that dictate how quickly you need to file a lawsuit after an auto accident. Those time limits also depend on whether your claim has to do with personal property damage or bodily injury.

How to file a claim with your car insurance company

If you get into a car accident, you should contact your insurance provider as soon as you can. If you wait too long, it could impact your payout since it is harder as time passes for your insurance company to assess any damage or injuries tied to the crash or determine who is at fault.

You may need to provide your car insurance company information about who was involved, the vehicle and insurance information for anyone involved, the location and time of the accident, a copy of the police report and the names of the officers who responded. Taking pictures of the scene of the accident and getting contact information from any witnesses can help support your claim.

An insurance adjuster will be assigned to your claim after you initiate it. The adjuster may contact you for any additional information they need.

What happens if you don't report a car accident?

In almost all scenarios, you should tell your insurer if you get into an accident. Here are a couple of reasons why:

  • Maybe you think the other driver is at fault for the accident. He thinks otherwise and decides to sue you over it. If you didn't report the crash to your insurance company, it'll have a hard time gathering evidence on your behalf.
  • Car damage isn't always obvious right after a crash. Sometimes it takes a while to affect a vehicle's performance. The same can be said of injuries. Not reporting an accident to your insurance company could result in it not covering your resulting car repair or medical bills.

States can also require you to report an accident to the police if damages exceed a certain amount, but that doesn't mean you have to file a claim with your insurance company.

When not to file an auto insurance claim

If you damage your own car and it's a minor dent or scratch, then getting your car repaired yourself may save you money down the road. For instance, if you hit your mailbox as you're reversing, you may be able to pay for the repairs yourself.

If your car is damaged, you can report it to your car insurance company and not file a claim. Just reporting an incident usually won't raise your premium if it's the first time. When you don't notify a car insurance company about any damages, it could lead to denied claims down the line.

How long do you have to report an accident?

If you do get into a car accident, you should call the police at the scene. States can also require drivers to report an accident within a certain number of days if damages exceed a certain amount.

In New York, for example, you are required to file an accident report if you are involved in any accident where there is property damage of more than $1,000. The report also has to be filed within 10 days.

Insurance companies also use police reports as evidence, so it's vital to report an accident in order to determine fault.

State statute of limitations for bodily injury and property damage lawsuits

Every state has different statutes of limitations for injury and property damage lawsuits.

States are a lot more specific about how long you have to file a lawsuit related to an accident than insurers are about how long you have to file a claim related to one.

Listed below are the statutes of limitations for property damage and injury lawsuits in each state.

Statute of limitations for lawsuits by state
State Bodily injury Personal 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

Hawaii

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

2 years

6 years

Mississippi

3 years

3 years

Missouri

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

2 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

South Dakota

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, D.C.

3 years

3 years

West Virginia

2 years

2 years

Wisconsin

3 years

3 years

Wyoming

4 years

4 years

If you plan to file a lawsuit after a car accident, consult with a local attorney about your state's statute of limitations and any specific state requirements for filing a lawsuit.

References:

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