How Long After Car Accident Can You Claim Injury?

It’s important to know the deadline for filing a claim if you’ve been injured in a car accident. Failing to act within the appropriate time frame may prevent you from recovering compensation for your injuries and other losses. In Texas, like in most states, there are strict timelines defined by law. Let’s explore the details, including statutes of limitations, important factors, and tips for protecting your rights after a crash.

Statute of Limitations for Car Accident Claims

The statute of limitations sets the legal time frame within which you must file a claim or lawsuit. In Texas, this period for car accident injury claims is two years from the accident date, as outlined in Texas Civil Practice and Remedies Code § 16.003. Failing to file within this time frame may result in losing your right to seek compensation, no matter how serious your injury is. This deadline applies to claims involving personal injuries, property damage, and wrongful death resulting from car accidents.

Key Exceptions to the Statute of Limitations

While the two-year limit applies in most cases, some exceptions may extend or shorten this timeline:

• Minors or Incapacitated Individuals: If the injured party is under 18 or mentally incapacitated, the clock may not start until the individual turns 18 or regains capacity.
• Government Claims: If your accident involved a government vehicle, you might need to file a formal notice within six months of the incident.
• Injuries with Delayed Symptoms: Some injuries may not be noticeable right away. However, waiting to identify injuries doesn’t automatically extend the statute of limitations, so it’s crucial to act promptly.

Statute of Limitations by State

State	Statute of Limitations	Notes
Alabama	2 years	Claims must be filed within 2 years from the date of the accident.
Alaska	2 years	Applies to personal injury claims, including car accidents.
Arizona	2 years	Exceptions may apply for minors or delayed discovery of injury.
California	2 years	The time frame starts from the date of the accident or injury discovery.
Colorado	3 years	Longer timeframe for auto accidents compared to general personal injury.
Florida	2 years	Time limit for filing personal injury lawsuits after car accidents.
Georgia	2 years	The clock begins on the date of the accident.
Illinois	2 years	Some exceptions apply, such as cases involving minors.
New York	3 years	Time limit for most personal injury claims, including car accidents.
Texas	2 years	Includes most personal injury claims unless exceptions apply.
Virginia	2 years	Extensions are rare and require specific circumstances.

How the Auto Insurance Claim Time Limit Affects Your Case?

Besides the statute of limitations for lawsuits, your auto insurance claim has its own deadlines. Many insurance companies require you to report accidents and file claims within days or weeks of the incident.The specific time frame can vary depending on the policy, but delaying your claim could put it at risk. Check your policy for specific terms or consult with an attorney if you’re unsure.

After filing a claim, Texas insurance companies are required to:

• Respond to the claim within 15 days of receiving it.
• You must make a decision to approve or reject the claim within 15 business days of receiving all necessary information.
• If approved, process the payment within five business days.

When to File a Claim After a Car Accident?

In most cases, it’s best to file a claim or consult an attorney as soon as possible. Acting quickly ensures:

• Preservation of Evidence: Witness accounts, dashcam footage, and physical evidence are more reliable when gathered immediately.
• Medical Documentation: Seeking medical attention promptly not only protects your health but also creates an essential record of your injuries.
• Avoiding Denials: Insurance companies often use delays as a reason to deny or undervalue claims.

Why You Should Act Quickly

Waiting to file your claim can lead to complications, such as:

• Eroding Evidence: Accident details may become harder to prove over time.
• Expired Deadlines: Missing the statute of limitations or insurance filing windows can prevent you from recovering any compensation.
• Weaker Legal Standing: Opposing parties may argue that delays indicate your injuries are not serious.

What to Do After an Injury in a Car Accident?

To increase your chances of a winning the claim, follow these steps:

1. Call the Police: Always report the accident, even if injuries appear minor.
2. Seek Medical Attention: Some injuries, like whiplash or internal trauma, may not be immediately visible.
3. Gather Evidence: Take photos, exchange information, and collect witness details at the scene.
4. Notify Your Insurance Company: Report the accident promptly, but avoid providing statements without legal advice.
5. Consult an Attorney: A personal injury lawyer can help navigate deadlines and build a strong case.

How an Attorney Can Help

Hiring an experienced car accident lawyer can make a difference. They can:

• Evaluate Your Case: Determine the potential value of your claim based on medical bills, lost wages, and non-economic damages.
• Handle Negotiations: Work directly with insurance companies to secure a fair settlement.
• File a Lawsuit: If necessary, they’ll ensure your claim is filed within the legal time frame.

What Can I Do to Avoid Delays in Receiving my Claim Settlement?

To prevent delays in getting your claim settled, it’s important to be organized and ready to communicate. Notify your insurance company about the accident as soon as possible and ensure you provide them with precise and detailed information. Stay in touch with your insurance company by answering their questions and quickly sending any needed documents.

• Keep in touch with your insurance adjuster.
• Write down all your chats, like phone calls, emails, and letters.
• It’s a good idea to check in often about your claim.
• If you have any issues or questions, talk to your adjuster or ask your car accident lawyer for help.
• When you give complete information to your insurance provider, it can speed up the claims process.
• This helps reduce delays and makes getting a resolution easier.

How to Deal with Insurance Adjusters

Dealing with insurance adjusters takes skill and planning. They might seem nice, but their aim is usually to lower the settlement amount. It is a good idea to speak with a car accident attorney before having important talks with an adjuster.

• Focus on the facts about the accident.
• Do not guess about your injuries.
• Don’t feel rushed to accept a settlement without knowing what it really means.
• An attorney can assist you in securing a just settlement.
• They will protect your rights during the claims process.

How Mokaram Injury Lawyers Can Assist You with Your Claim

Knowing the statute of limitations for car accident claims is crucial for obtaining fair compensation for your injuries. In Texas, you generally have two years to file a lawsuit, and there’s a limited window to notify your insurance company about the accident. Acting swiftly by collecting evidence, getting medical treatment, and consulting with a lawyer can greatly impact the outcome of your case.If you’ve been hurt in a car accident, reach out to an experienced personal injury lawyer today. They can navigate you through the legal process, ensure you meet key deadlines, and fight to safeguard your rights. At Mokaram Injury Lawyers, we want to help you after a car accident. Our skilled car accident lawyers will support you through the legal process. We will protect your rights and work hard to get you the compensation you need. We take care of gathering evidence and communicating with insurance companies. We will make sure every step strengthens your case. For a free consultation, contact us today. Let us help you get the justice you deserve.