If you find yourself in a car accident, you’ll need to file a car insurance claim. If you have been injured or are dealing with the aftershock of the accident, you may forget that you need to call your car insurance company. Every state has its rules, so it’s important to know how long you have to call your insurance company to file a claim.
How Long Can I File a Claim After a Car Accident?
This will depend on which state you reside in and are insured in. Each state will have rules that determine the time frames within which you need to file claims for various types of insurance claims, often referred to as “Statute of limitations”. When stipulating your various insurance policies, knowing how much time you will have to file a claim is important.
Auto insurance companies generally will encourage clients to file claims as soon as possible; however, it is the state’s rules that dictate the amount of time you have. Clients need to know the time limits for their state.
How Long Do I Have to Report a Car Accident?
A good rule to follow is to report any car accident as soon as possible. Your state may require that you report your car accident to the police or the Department of Motor vehicles directly while at the scene of the accident or immediately following the accident, especially if you need time to recover. Regulations may vary depending on the damage.
Must I Have a Police Report to File an Accident Claim?
Again, this depends on the state where you are insured. Several states may not require a police report for minor accidents. Many states will require a police report for accidents that involve injury, death, or $1000 or more of property damage.
Police reports are helpful when filing Department of Motor Vehicle reports and will be important when included in the documentation provided to your insurance provider.
State Limitations for Filing Accident Reports
States that require at-the-scene reports
Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, South Dakota, Utah, Virginia, and Wisconsin
State that require a report within three days
Oregon
State that require a report within four days
Washington
States that require a report within five days
Massachusetts, New York, Pennsylvania, Vermont, and West Virginia
States that require a report within ten days
Alaska, California, Florida, Illinois, Kentucky, Minnesota, Nebraska, Texas, and Wyoming
States that require a report within fifteen days
Maryland, New Hampshire, and South Carolina
State that require a report within twenty days
Tennessee
State that require a report within twenty-one days
Rhode Island
States that require a report within thirty days
Alabama, Arkansas and Missouri
State that require a report within six months
Ohio
State that require a report within three years
Washington DC
How Much Time Do I Have After a Car Accident to Make a Car Accident Claim?
If you have been seriously injured, this can create obstacles to filing an injury claim quickly. Generally, a statute of limitations can be valid for one to ten years when reporting various car insurance claims. However, even if you can wait two or three years, it is okay to do so.
When claims are filed many years after a car accident, most insurance companies will conduct extensive investigations and may not find the claim believable after so long. It’s recommended that you file an insurance claim as soon as possible.
State Limitations for Filing Car Insurance Claims
Individual state statute of limitations defines the deadlines for filing claims, although it’s worth noting that states may have different constraints for filing property damage claims or bodily injury claims.
States with a limit of one year
Louisiana and Nevada. Kansas, Kentucky, and Tennessee for personal injury
States with a limit of two years
Alabama, Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Idaho, Indiana, Texas, and West Virginia. Georgia, Illinois, Iowa, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, and Virginia for personal injury. Kansas, Kentucky, and Montana for property damage.
States with a limit of three years
Arkansas, Colorado, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New York, North Carolina, South Carolina, South Dakota, Vermont, Washington, Wisconsin, and Washington DC. Montana, New Mexico, and Rhode Island for personal injury. Tennessee and Utah for property damage.
States with a limit of four years
Florida, Nebraska, and Wyoming. Utah for personal injury. Georgia and New Mexico for property damage.
States with limits of five years
Missouri. Illinois, Iowa, and Virginia for property damage.
States with limits of six years
Maine and Minnesota. New Jersey, Oregon for property damage.
States with limits of ten years
Rhode Island for property damage
Once you know your state’s time limit, it’s important that you make an appointment. Gather all the necessary information, documentation, and a memorandum of your accident before you go to your appointment. Claims procedures will vary depending on if where you are insured is a no-fault or at-fault state.
It’s also worth noting that if you are insured in a no-fault state such as Michigan, Florida, Hawaii, or Kansas where PIP or Personal Injury Insurance is required, the insurance providers of all drivers involved in a car accident will be required to pay medical expenses resulting from the accident.
The at-fault driver’s insurance provider is also responsible for paying for vehicle repairs and damage to property.
What to Do at the Scene of the Accident to File a Car Insurance Claim
Provided that you are okay, while at the scene of the accident do the following:
- Exchange information with the driver or drivers of the other car or cars involved. You need the information on the insurance card. Some providers will furnish a checklist that you can keep in the car or use the provider’s app.
- Take photos of the scene from various angles. Photograph the damage to your car and any other vehicles that are involved.
- Photograph the license plates.
- Photograph the conditions of the road like rain, snow, or ice.
- Photograph road signs, intersections, and anything else that may have influenced the accident.
- Photograph the ID cards of the other driver or drivers involved.
- Get contact information from witnesses present.
- If the police arrive, get the name and badge number of the officers taking the call.
- Check the police report for accuracy and request a copy.
Now contact your insurance provider. It’s worth visiting your insurance provider’s website or contacting your agent to ascertain if you must have a police report. Several states only require a police or DMV report if the damage exceeds a certain expense.
California will require one if the damage is more than $750. Another consideration is if you must present a third-party claim because insurance claim requirements will vary by state.
Rindx Team
