Being involved in a car accident can be an overwhelming and traumatic experience. Beyond dealing with immediate injuries and vehicle damage, you may be facing mounting medical bills, lost wages, and the stress of navigating insurance claims. If you’re considering taking legal action after an accident, understanding the statute of limitations on a car accident is essential so you can file your case before it’s too late.
Every jurisdiction has its own statute of limitations that determines how long you have to file a personal injury lawsuit after a car accident. These time limits typically range from one to several years from the date of the accident, depending on your location. While this may seem like plenty of time, you must act quickly. Evidence can disappear, witnesses’ memories can fade, and building a strong case takes time.
This is where an experienced car accident lawyer can help you understand the difficulties of car accident claims and work tirelessly to protect your rights.
How Long Is The Statute Of Limitations For An Auto Accident?
Every state and jurisdiction has its own statute of limitations for filing a personal injury lawsuit after a car accident. This time window typically applies to most types of claims related to the accident, including:
- Personal injury claims for medical expenses, lost wages, and pain and suffering
- Property damage claims for vehicle repairs or replacement
- Claims against the at-fault driver’s insurance company
- Claims involving pedestrians or cyclists hit by vehicles
Another important consideration is that the statute of limitations applies to filing a lawsuit, not starting an insurance claim. While you may have several years to file a lawsuit — typically 1-3 years on average, depending on your location — it’s strongly recommended to begin your insurance claim process as soon as possible after the accident as our friends at Sellers Law Firm, PC would recommend.
Insurance companies often have their own deadlines for filing claims, which can be much shorter than the legal statute of limitations in your jurisdiction. Check with a local attorney or your state’s legal resources to understand the specific time limits that apply in your area.
Exceptions To The Car Accident Statute Of Limitations
While each jurisdiction has its own standard statute of limitations for car accident cases, several important exceptions could either extend or shorten your time to file:
Claims Against Government Entities
If your accident involved a government vehicle (such as a city bus, police car, or maintenance vehicle), you may face a much shorter deadline to file a notice of claim. These deadlines for government claims are typically significantly shorter than the standard statute of limitations, and failing to meet them could bar you from recovering compensation.
Wrongful Death Cases
If a car accident resulted in a fatality, the statute of limitations for filing a wrongful death lawsuit may differ from the standard personal injury deadline. The time period typically begins on the date of death, not the date of the accident. This means if someone survives the accident but passes away from their injuries months later, the filing period begins on the date of death.
The personal representative of the deceased person’s estate must typically file a case on behalf of the surviving family members. Given the complexity and emotional nature of these cases, it’s advisable to work with an experienced auto accident lawyer who can help navigate these sensitive timelines.
Accidents Involving Minors
When a minor (someone under 18) is injured in a car accident, the statute of limitations is often “tolled” or paused until they reach their 18th birthday. However, parents can usually file a claim on behalf of their minor child at any time before then.
Discovery Rule Cases
In some rare instances, injuries from a car accident might not be immediately apparent. Courts may apply the “discovery rule,” which means the statute of limitations begins when you discover (or reasonably should have discovered) your injury — not necessarily the date of the accident. However, proving delayed discovery can be challenging.
Mental Incapacity
If car accident injuries render someone mentally incompetent, the statute of limitations may be tolled until competency is regained. This exception typically requires substantial medical documentation and legal expertise to prove.
Out-Of-State Defendants
When the at-fault driver is from another state, different rules might apply. In some jurisdictions, if the defendant leaves the state after the accident, the time they’re absent might not count toward the statute of limitations. This is known as “tolling” the statute of limitations.
Don’t risk losing your right to seek compensation by waiting too long to take action. If you’ve been involved in a car accident, contact an experienced attorney in your area as soon as possible. They can help ensure your claim is filed properly and within all applicable deadlines.
Steps To Take Immediately After An Accident To Protect Your Claim
Taking the right actions immediately after a car accident can significantly strengthen your claim and help ensure you meet all legal deadlines. Here are the steps you should take:
- Check to make sure everyone is safe and call 911
- Get the other driver’s insurance information, license plate number, and contact details
- Take photos and videos of the accident scene
- Ask for statements and contact information from any witnesses
- Seek medical attention (even if you feel initially fine)
- Start a file to organize all accident-related documents (i.e. medical bills and records, work absence notes, correspondence with insurance companies, etc.)
- Don’t admit fault or apologize to anyone at the scene
- Contact a lawyer
We understand that managing all these steps while trying to recover from your injuries can feel overwhelming. Your focus should be on healing, not worrying about paperwork and legal deadlines. An experienced attorney can handle the complex legal process for you, giving you the peace of mind to concentrate on what matters most — your recovery.
Injured In A Car Accident? Call An Attorney To Defend Your Rights
The statute of limitations for a car accident varies by jurisdiction, and waiting until the last minute could seriously jeopardize your case. Don’t let valuable evidence slip away or risk missing critical deadlines that could prevent you from receiving the compensation you deserve.
The best car accident attorney will understand how overwhelming the aftermath of a car accident can be. Your attorney should handle every aspect of your case — from gathering evidence and dealing with insurance companies to ensuring all documents are filed within the statute of limitations.
Whether you’ve been in a hit-and-run, 18-wheeler accident, or any other type of vehicle accident, take the first step toward protecting your rights today and call a skilled auto accident attorney today.
