After getting in an accident, filing a claim may be the last thing on your mind if you're battling severe injuries. As if something such as a car accident couldn't be any worse, having to figure out what the next steps are can seem scary. Even if your accident was as minor as a slight fender bender, you may wonder if you need to file an insurance claim or talk to an experienced personal injury lawyer.
How Long After An Accident Can You File a Claim?
This answer varies. For a car accident or slip and fall, Florida's statute of limitations is 4 years. In some states, it may even be two. If the claim is related to wrongful death or medical malpractice, the answer is two years. If you were injured in a car accident, you should not wait to begin the claim process. Filing a claim immediately with your insurance as well as the person's insurance who caused the accident should be done as soon as possible.
Why Should I File a Claim ASAP?
In a car accident, your PIP insurance is primary for your medical bills. Under the PIP statute, you must be seen by a doctor within the first 14 days of a car accident in order to receive the full benefits of your PIP policy. This called Florida's PIP 14-day rule. It's important to make the claim and go see a doctor immediately after doing so. If you don't, you could potentially lose out on certain benefits or find that your claim has been denied.
While you have 4 years to file a lawsuit, you want to begin this claim as soon as possible. Having an experienced personal injury lawyer at the Law Offices of Matthew Konecky on your side when filing a claim can prevent the other parties' insurance company from directly reaching out to you or devaluing your case. While the other parties' insurance company may offer you a settlement, they are oftentimes lowballing you. Once you settle a case, it cannot be reopened again regardless of the outcome in most cases. You can learn more about what your case could be potentially valued at here.
What Are the Statute of Limitations on Car Insurance Claims by State?
If you're not a Florida resident, you can see how long after a car accident you can still file a claim here based on your state here:
State |
Statute of |
Alabama |
2 years |
Alaska |
2 years |
Arizona |
2 years |
Arkansas |
3 years |
California |
2 years |
Colorado |
2 years |
Connecticut |
2 years |
Delaware |
2 years |
District of Columbia (D.C.) |
3 years |
Florida |
4 years |
Georgia |
2 years |
Hawaii |
2 years |
Idaho |
2 years |
Illinois |
2 years |
Indiana |
2 years |
Iowa |
2 years |
Kansas |
2 years |
Kentucky |
1 year |
Louisiana |
1 year |
Maine |
6 years |
Maryland |
3 years |
Massachusetts |
3 years |
Michigan |
3 years |
Minnesota |
2 years |
Mississippi |
3 years |
Missouri |
5 years |
Montana |
3 years |
Nebraska |
4 years |
Nevada |
2 years |
New Hampshire |
3 years |
New Jersey |
2 years |
New Mexico |
3 years |
New York |
3 years |
North Carolina |
3 years |
North Dakota |
6 years (2 in wrongful death) |
Ohio |
2 years |
Oklahoma |
2 years |
Oregon |
2 years |
Pennsylvania |
2 years |
Rhode Island |
3 years |
South Carolina |
3 years |
South Dakota |
3 years |
Tennessee |
1 year |
Texas |
2 years |
Utah |
4 years |
Vermont |
3 years |
Virginia |
2 years |
Washington |
3 years |
West Virginia |
2 years |
Wisconsin |
3 years |
Wyoming |
4 years |
If you were injured in an accident, call us today at (561) 671-5995 to speak to an experienced personal injury lawyer and get started on your claim. You can also download my book 'What the Heck Is My Personal Injury Case Worth?' for free.