How long do you have after a car accident to file a claim? Your questions answered

Have you had a car accident and wonder what your rights are? Find out how long you have to file a claim and other answers to common questions.

The length of time you have to file a claim after a car accident depends on the circumstances of your case and the statute of limitations (i.e., laws) for the state where the accident occurred.

In general, it’s best to file a claim as soon as possible after the accident. The longer you wait, the harder it’ll be to gather the necessary evidence. Not only that, but your memories will start to fade from the incident. This can make your side harder to prove once the case goes to trial.

How long do you have to file a claim or lawsuit? 

Every state has its own statute of limitations that tells you how long you can wait before filing a claim or lawsuit. This is further broken down into two categories: bodily injury and property damage. You also have a set amount of time to report an accident, which varies between states.

For example, in Arizona, you have to report an accident immediately and file a lawsuit within two years of the accident with a local car accident attorney, like the ones at Hutzler Law. This is true whether the accident caused bodily injury, property damage (including vehicle), or both. 

The statute of limitations for each state ranges from one year to ten years. Below, you’ll find a breakdown of the statute of limitations on car insurance claims by number of years and state.

Here is the statute of limitations for bodily injury:

  • One year: Kansas, Kentucky, Louisiana, Nevada, Tennessee
  • Two years: Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Texa, Virginia, West Virginia
  • Three years: Arkansas, Colorado, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
  • Four years: Florida, Nebraska, Utah, Wyoming
  • Five years: Missouri
  • Six years: Maine, Minnesota

Here is the statute of limitations for property damage:

  • One year: Louisiana, Nevada, 
  • Two years: Alabama, Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Idaho, Indiana, Kansas, Kentucky, Montana, North Dakota, Ohio, Oklahoma, Pennsylvania, Texa, West Virginia
  • Three years: Arkansas, Colorado, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New York, North Carolina, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, Wisconsin
  • Four years: Florida, Georgia, Nebraska, New Mexico, Wyoming
  • Five years: Illinois, Iowa, Missouri, Virginia
  • Six years: Maine, Minnesota, New Jersey, Oregon 
  • Ten years: Rhode Island

Most states give accident victims at least a one-year leeway to report a car accident-based injury because some medical issues won’t be apparent until months or years afterward.

What happens if you don’t file a claim right away?

25 out of 50 US states expect you to file a claim immediately, while the other 25 expect you to file four to 30 days after the accident. But even in non-immediate states, insurance companies still expect you to file a report as soon as possible (unless you’re incapable of doing so). 

In instances where you do wait, you can be sure that automotive insurance companies will wonder why you waited so long to make a claim. They often investigate to check if the damage was caused by the accident or if it came after, so do your best to file a report right away.

Do you make a claim through your insurance?

If the other driver is at fault or the accident happened in a no-fault state, then you would file your claim under your insurer. If you’re suffering from physical/mental injuries from the accident or your policy coverage doesn’t cover your full treatment, then make a claim with the other driver.