How Long After an Accident Can You File a Claim? (2025)

Types of Insurance and Losses

Your right to file a legal claim might depend on your type of insurance. No-fault insurance rules in your state might block you from filing any type of lawsuit. Instead, you will file a claim with your no-fault insurer.

Other examples of liability claims you might file include the following:

• Claims for slip and fall injuries and premises liability injuries are filed with property insurance policies
• Claims for defective products fall under business liability insurance
• Car accident claims are filed under auto insurance policies

You should get the other party’s insurance information when you get injured. This insurance information will tell your lawyer where to file your claim. If your claim involves a bodily injury, your deadline will depend on your state’s personal injury statute of limitations. The deadline for your claim may be different if it involves property losses or you had a tolling agreement.

What Happens if a Car Accident Claim Exceeds Insurance Limits?

Given the increasing value of cars and the rising costs of healthcare, it’s entirely possible that the at-fault driver’s insurance might not be enough to cover all of your losses.

In this case, you might be able to get a judgment against the driver. A judgment is a court decision stating that the other driver owes you a certain amount of money. With a judgment, you may be able to garnish the driver’s wages or take other collection actions.

How Many Days After an Accident Can You File a Claim?

The answer to the question, “How long after an accident can you file a claim?” depends on many factors. With only a few exceptions, the type of accident does not matter. The same deadlines for a bodily injury will apply whether you were hit while riding your bike or slipped in a restaurant bathroom.

However, how quickly you file your claim may vary widely based on many factors, including:

Strength of Your Claim

If you have a strong case for liability, you will likely file relatively quickly. If you need more evidence, you can take additional time to develop the evidence. For example, if you require an accident reconstruction to explain who caused the crash, your lawyer may need to hire an expert. The expert will analyze your situation and prepare the report for your claim.

Losses You Incurred

You might incur significant losses after getting injured in an accident. These losses might include:

• Past and future medical costs
• Lost wages
• Diminished future earnings

The sooner you file your claim, the sooner the insurer can work on your case. However, you should not assume that insurers work faster just because you acted quickly. A strategy used by some insurers is to slow-walk your claim to frustrate you into dropping your claim or accepting a low settlement offer.

In the meantime, you might need resources to pay for your medical treatment and living expenses. If you file quickly and your claim still takes a long time, you should consider speaking to a lawyer.

A lawyer can remind the insurer of its duties under your state’s Unfair Claim Practices Act. This law requires insurers to investigate claims in good faith and pay them promptly if it determines the policyholder is liable.

Claims Against the Government

If a government vehicle hits you in a car accident, motorcycle accident, or bus accident, different timelines will apply. Specifically, government agencies have sovereign immunity from lawsuits. However, most states have waived their immunity for injuries caused by government employee negligence.

The tradeoff is that most of these laws have strict timelines for claims. You often need to notify the government of your claim within a few days or weeks. The government will either turn the case over to its insurer or handle the claim itself.

If you were injured by a government worker in the course of their job duties, you should consider speaking to a lawyer promptly to ensure you meet any applicable deadlines.

How Long After a Car Accident Can You File a Claim?

Most states give you at least a year to file injury claims after car accidents. However, you should not delay unreasonably. A year can go by quickly while you are undergoing medical treatment and therapy.

Moreover, your lawyer will need several months to prepare and file your insurance claim. The statute of limitations sets the deadline for filing a lawsuit against the at-fault driver. Your lawyer will typically want to start with the insurance company several months before the deadline to try to settle the claim without resorting to a lawsuit.

Finally, if your deadline has already passed, you should still speak to a lawyer. Some states extend the deadlines under certain circumstances. You might qualify for an exception to the statute if, for example, you were in a coma.

Why You Shouldn’t Wait to File a Car Accident Claim

Many people check their state’s statute of limitations and come to the conclusion that they can wait months, or even years, to talk to a car accident lawyer. However, the fact that you can wait a considerable period of time to file doesn’t mean you should. Here’s how waiting to talk to an attorney can ultimately damage your case:

Insurers May Question the Claim’s Validity

If you’ve been hurt in a car accident but waited too long to file a claim, your insurance company may suspect fraud. Waiting to file doesn’t automatically mean you can’t receive compensation, but it may make the process more difficult.

Evidence May Become Harder to Find

An attorney can help you gather evidence to prove the liable party was at fault. However, the longer you wait, the harder it is to find that evidence.

For example, traffic camera footage can be valuable in a car accident case, but most traffic cameras don’t store footage indefinitely. If you wait months to file a claim, the footage might be erased before you even hire a lawyer.

Waiting Too Long Delays Compensation Further

Even if you file an insurance claim as soon as your accident happens, that still doesn’t mean you’ll receive compensation immediately. Delaying a claim delays compensation, which can cause you even more financial stress.

How Long Does the Insurance Claims Process Take?

There are many different factors that determine how long the insurance company will take to approve or deny your claim, including:

• Whether both sides agree on liability
• The severity of your injuries
• How much evidence your lawyer has
• The total monetary value of your case

If your claim is denied and your appeal is unsuccessful, you may need to file a lawsuit. Lawsuits can extend your case’s timeline by months or years.

Does Filing a Claim Always Increase Your Insurance Rates?

If you’re at fault for an accident, your average car insurance cost per month may increase. If you aren’t at fault, many insurance companies won’t raise your premium.

Some may see the mere fact that you filed a claim as evidence that you’re risky to insure, though. These companies might raise your rate regardless.

Learn More From ConsumerShield

ConsumerShield educates consumers about their legal rights. After a crash, we help you understand your legal rights and options. We will refer you to a lawyer to handle your claims. Contact us to schedule your free case evaluation.