How Long After a Car Accident Can You File a Claim?
Most states give you two years to file a car insurance claim, but depending on the type of claim, you may have from one to 10 years to file.
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How long do you have to file a claim or lawsuit?
Each state has its own statute of limitations, which tells you the maximum amount of time you have to file a claim or lawsuit. The length of time can differ depending on the type of claim, like bodily injury versus property damage.
Statute of limitations on car insurance claims by state
State | Bodily injury |
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 |
What happens if you don't file a claim right away?
The longer you wait to make a claim, the harder it can be for your insurer to investigate it. That, in turn, can increase the possibility that your claim is denied.
Your auto insurance policy may say that you should start your claim right away or no more than 24 hours after the damage was done to your vehicle.
However, waiting longer won't 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 aren't noticeable until days or weeks after an accident happens.
If you (or another driver) wait to file a claim, insurance companies may be suspicious of why you waited. They will often investigate whether the damage was actually a result of the covered accident or if it came after. If they find legitimate reasons to doubt your claim, they may deny coverage.
Do I make the claim through my insurance or the other driver's?
File your claim under your own collision or personal injury protection (PIP) insurance if:
- You were at fault
- The accident happened in a no-fault state
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 right away, but some states allow up to 30 days. In the states where you are required to report it immediately, you’re 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 |
Although you may be allowed a few hours to several weeks to report an accident, doing so immediately after the collision will help your claim 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 assess the scene of the incident assists insurers in determining who was at fault.
Do you have to report a car accident?
In minor accidents where no insurance claim will be filed, reporting may not be required at all. Most states require you to report accidents with injuries or more than $2,000 of property damage.
Still, since certain injuries and types of vehicle damage are not apparent until days or weeks later, it's always best to contact the police immediately after an accident. The police report will be evidence for all of the reports you file with the DMV and any claims you might file with your auto insurance company.
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