How Long After A Car Accident Can You Claim Injury?

Car accident insurance claim time limit for injury

The first step after most car accidents is filing an insurance claim.

This could be with your own insurer (if you live in a no-fault state or you’re using uninsured/underinsured coverage) or with the at-fault driver’s insurer in at-fault states.

Policy notice requirements

• Insurance companies typically require “prompt” or “immediate” notice of an accident. While vague, this usually means within a few days to a couple of weeks at most.
• Failing to report within this timeframe can give the insurer grounds to deny coverage, arguing they weren’t given a fair chance to investigate.

Medical treatment deadlines under PIP

• In no-fault states like Florida, injured drivers must seek medical treatment within 14 days to qualify for Personal Injury Protection (PIP) benefits.
• Other states impose different windows, but the theme is the same, if you wait too long, insurers may argue your injuries aren’t connected to the crash.

Even if you feel fine after an accident, it’s wise to get checked out quickly and report the claim right away.

Some injuries, like concussions or internal bleeding, don’t show immediate symptoms but can have serious consequences.

Time limits for car accident injury claims

Insurance claims are just one part of the picture. You may also want to file a personal injury lawsuit against the at-fault driver.

That’s where statutes of limitations come into play.

One of the biggest challenges with car accident compensation is that every state sets its own rules.

While most personal injury statutes of limitations fall between 1 and 3 years, the differences matter:

These are just examples. The actual timeline where you live may be shorter or longer.

That’s why it’s risky to assume “I’ve got two years” as in some states you may only have 12 months to act.

Exceptions

• ‍Minors: If the injured party is under 18, the clock may not start until they turn 18.‍
• Discovery rule: In rare cases, if injuries weren’t immediately apparent (e.g., a traumatic brain injury discovered later), the clock may start at the date of discovery.‍
• Defendant leaves the state: Some states pause the clock if the at-fault driver cannot be located.

Courts strictly enforce statutes of limitations. Even if you have overwhelming evidence of fault and serious injuries, filing one day late almost always results in dismissal.

Federal vs. state claims

If your accident involved a government-owned vehicle, like a postal truck, school bus, or city service vehicle, you may face much shorter deadlines.

• ‍Federal Tort Claims Act (FTCA): When the at-fault driver is a federal employee, you usually must file an administrative claim within 6 months.‍
• State and municipal deadlines: Many states require a “notice of claim” to be filed with the government agency within 90 to 180 days. Missing these deadlines almost always bars recovery.

These claims are also more complex, with special forms and procedures. If a government vehicle was involved, legal advice is almost always necessary.

Wrongful death claims

If a loved one dies in a car accident, the rules shift. Wrongful death claims follow their own statutes of limitations, usually between 1 and 3 years, but often shorter than standard injury claims.

• California: 2 years.
• New York: 2 years.
• Texas: 2 years.

Some states give families slightly longer, but in all cases, the countdown begins at the date of death, not the date of the accident.

That matters if the person survives for weeks or months after the crash before passing away.

Because wrongful death claims involve both emotional damages (loss of companionship) and financial damages (lost income), they are closely scrutinized. Acting quickly is essential.

Comparative negligence impact

Deadlines aren’t the only rule to watch. Many states follow comparative negligence laws, which allow you to recover damages even if you were partly at fault.

But the percentage of fault reduces your compensation:

• Pure comparative negligence (e.g., California, New York): You can recover even if you were 99% at fault, but your award is reduced by your percentage of fault.
• Modified comparative negligence (e.g., Texas, Illinois): You can only recover if you were less than 50% or 51% at fault, depending on the state.
• Contributory negligence (e.g., Alabama, Maryland): If you were even 1% at fault, you cannot recover.

If you delay filing, insurers may build a stronger case that you share more of the blame, reducing or eliminating your compensation.

Timely action protects not only your deadlines but also your ability to fight unfair fault claims.

What is the time limit for uninsured motorist claims?

Uninsured motorist (UM) coverage protects you if the other driver doesn’t carry insurance, which is more common than many realize.

The Insurance Research Council estimates that about 1 in 8 drivers in the US are uninsured.

Typical UM deadlines

• Many policies require you to file a UM claim within 30 days of the accident, though some allow more time.
• States often tie UM claims to the general personal injury statute of limitations (1–3 years), but your policy may shorten this window.

Why speed matters

• You’ll likely need to prove the at-fault driver had no insurance, which can take time. Waiting too long risks your insurer claiming the proof isn’t valid.
• If your insurer believes you delayed intentionally, they may deny the claim outright.

What is the time limit for underinsured motorist claims?

Underinsured motorist (UIM) coverage applies when the other driver’s policy limits aren’t enough to cover your damages.

For example, if their policy covers $25,000 but your medical bills are $75,000, UIM can cover the gap, if filed correctly and on time.

The catch with UIM claims

• You usually cannot file until you’ve “exhausted” the at-fault driver’s policy, meaning you’ve settled with their insurer first.
• This can delay when you’re eligible to file, but the statute of limitations clock is still ticking from the date of the accident, not the date of settlement.

Typical deadlines

• Many states align UIM claims with personal injury statutes: 2–3 years.
• Some policies require you to notify your insurer of potential UIM claims immediately after the accident, even before exhausting the at-fault driver’s coverage.

Failing to notify early can give your insurer grounds to deny UIM benefits later.

Understanding the time limit to file a car accident claim

Let’s put it all together:

• Insurance notice: Days to weeks after the accident.
• PIP or no-fault medical claims: Often 14–30 days.
• Personal injury lawsuit: Usually 1–3 years, depending on the state.
• UM/UIM claims: Frequently within the personal injury statute of limitations, but policy language may shorten the deadline.

Because these deadlines overlap and vary, it’s risky to wait. Acting quickly preserves your rights across all possible avenues.

The importance of reporting to your insurance company as soon as possible

Reporting quickly protects you in multiple ways:

• Evidence preservation: Accident scenes change, witnesses forget, and records get lost. Early reporting locks in evidence.
• Medical linkage: Immediate treatment and reporting make it harder for insurers to argue your injuries were unrelated.
• Policy compliance: Most policies include a “duty to cooperate” clause. Delays can be seen as non-cooperation and lead to denial.

Even if you’re unsure whether you’ll pursue compensation, report the accident. It keeps your options open.

The role of evidence and timing

Even if you technically file within the statute of limitations, waiting too long can damage your case:

• Witness memory fades: Eyewitnesses may not remember key details months later.
• Physical evidence disappears: Vehicles get repaired, road conditions change, surveillance footage is overwritten.
• Medical link weakens: If you wait months to see a doctor, insurers may argue your injuries weren’t caused by the crash.

In other words, the sooner you act, the stronger your case. Filing early helps your lawyer or claims assistant preserve critical evidence before it’s lost.

What happens if you miss the accident injury claim deadline?

Missing deadlines can be devastating:

• Insurance claims: Your insurer may deny coverage, leaving you with the entire financial burden.
• Lawsuits: Courts almost never allow late filings. Once the statute runs, your right to sue is gone.
• UM/UIM claims: Missing notice requirements can void benefits you’ve paid premiums for.

The bottom line is that deadlines aren’t just technicalities, they’re make-or-break rules.

How Mighty can help

Keeping track of accident claim deadlines while recovering is overwhelming. That’s where Mighty comes in.

• Evaluate your claim value: Mighty’s AI claims assistant can estimate whether your claim is small (and suitable for self-filing) or large enough to need legal help.
• Guide self-filing: For smaller claims that most lawyers won’t take, Mighty walks you through the process, step by step, so you don’t miss deadlines or overlook key documents.
• Connect you with lawyers: For complex or high-value claims, Mighty can recommend vetted attorneys who specialize in auto accidents.

With Mighty, you don’t have to guess what deadline applies or worry about losing your rights because of a paperwork mistake.

Final thoughts

Deadlines after a car accident aren’t suggestions, they’re strict cutoffs that determine whether you can recover compensation.

Between insurance notice requirements, no-fault medical deadlines and state statutes of limitations, the rules can be complex and unforgiving.

The best move is to act early. Report your accident promptly, get medical care quickly, and explore your legal options as soon as possible.

If you’re unsure where you stand, Mighty.com’s AI claims assistant can help evaluate your claim, file it yourself if it’s small, or connect you with a lawyer if it’s complex.

Either way, you’ll know your rights, and your deadlines, are protected.

Car Accident Claim Injury FAQs

How long do I have to file a car accident claim with insurance?

Most insurers require notice within days, and certainly no more than a few weeks. The exact wording may be “promptly” or “as soon as practicable.” The safest course is to report the same day or within 72 hours.

How long after a car accident can you sue for personal injury?

You can sue for personal injury according to the statute of limitations which is 2 years in most states, though some allow 1 year and others 3 years. States like Maine and North Dakota allow up to 6 years for property damage, but don’t assume you have extra time for injury claims. Always check your state’s rules.

Is the deadline different for property damage vs. injury claims?

Yes. For example, in New York, you have 3 years to file for property damage and 3 years for personal injury. In other states, the timeframes differ. Property damage deadlines are often longer, but injury deadlines are strictly enforced.

What happens if I accept a quick settlement and later discover more injuries?

Once you sign a release with the insurance company, your claim is closed. You cannot go back for additional money, even if new injuries emerge. That’s why consulting a lawyer or using a claims assistant like Mighty before accepting is crucial.

Can Mighty help if I’m close to a deadline?

Yes. If time is short, Mighty can quickly assess your claim and advise whether you should self-file immediately or connect with a lawyer right away. Acting fast can mean the difference between protecting your rights and losing compensation entirely.

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