Deadlines After a Car Accident
Key Takeaways
- Call the police right after a car accident if there are injuries or a lot of damage, and report the accident to the DMV and your insurance quickly to avoid problems.
- You have a limited time to file a lawsuit after a car accident, which depends on your state’s laws, so check the deadlines.
- It’s a good idea to talk to a car accident lawyer who can help you with your insurance claims and any legal actions you might need to take.
The aftermath of a car accident is a stressful and confusing time. A lot is happening. You are in shock, injured, or have damage to your vehicle. Also, you are likely facing the insurance claim process.
Despite that, there are some deadlines you need to keep in mind following your auto accident. These include timelines to report the accident to the police and your insurance company. There are also specific timelines for filing a lawsuit for personal injury or property damage. That’s one of the main reasons why you should consider talking to a personal injury attorney after a car accident.
Reporting the Accident to the Police
After the accident, you may have questions about involving the police. Many states require you to call the police if there are injuries or significant property damage. Even without this requirement, having the police involved in the accident helps. Police will investigate the scene and provide an accident report. A police report is vital for your car accident claim.
When should you call the police after your car accident?
- If the accident involves serious injuries or property damage, you should immediately call the police and wait for them to arrive at the scene.
- If the accident is less severe, you can call the police to determine if they need to visit the scene of the accident.
- If the accident is minor, such as a fender-bender, you may not need the police on the scene. But you can still report the accident directly to the police at the station after the accident.
If there are injuries, you should immediately call 9-1-1. Car accident victims should be seen by a medical professional to get the care they need.
DMV Reporting
In some states, you must also report accidents to the state’s department of motor vehicles within a specific amount of time for bodily injury or vehicular damage exceeding a specific dollar amount.
For example, in California, you have 10 days to report an accident to the DMV. Failure to report may result in you losing your license. Florida also requires motorists to report all accidents within 10 days, regardless of the amount of damage or injuries. Make sure you find out the reporting requirements for your state’s department of motor vehicles.
When Should You Report the Accident to Your Insurance Company?
You might not have time to contact your insurance company in the immediate aftermath of the accident. But you should report the incident to your car insurance company as soon as you can. Your insurance provider probably includes reporting guidelines in its policy documents, so it is essential to review the policy before making a damage claim.
Your auto insurance company will generally require you to report all car crashes, from major incidents to minor fender-benders. But you might not have to file a report if only your car was involved. This can include incidents like if you scraped your car against a fence.
If you fail to report an auto accident promptly, however, it can complicate the car insurance claims process. An insurance adjuster will not have a chance to view the property damage after the accident, so they may be suspicious of any property damage and personal injury claim made too long after an incident.
Most driver’s insurance policies will likely have filing deadlines for reporting accidents. Make sure that you know yours.
What Are the Deadlines To File a Lawsuit After a Car Accident?
The time limit for filing a lawsuit against an at-fault driver depends on your state’s laws. Each state has a statute of limitations that determines the deadline for filing legal claims for personal injury or property damage. The time frame will generally run from the date of the accident. For example, in New York, the deadline for filing a personal injury lawsuit is three years from the date of the accident.
If you file your personal injury lawsuit even one day past the statute of limitations, the court will not hear the case, and you will not recover anything for your injuries. An experienced injury attorney will be able to advise you on your state’s statute of limitations.
Get Help From an Experienced Car Accident Attorney
Motor vehicle accidents can cause a lot of problems. You are dealing with your own insurance carrier and the other driver’s insurance company, in addition to recovering from injuries, paying off medical bills, dealing with vehicle damage, and missing time from work.
Rather than handling these problems on your own, speak with a car accident lawyer about your case. They can help with a car accident lawsuit and handle any negotiations with the insurance companies on your behalf.
Hurt in a Car Accident?
Experienced personal injury lawyers in our directory can take on the insurance companies to get you the compensation you deserve.
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