You might be eligible for financial restitution if you were involved in a car crash. Possibly, you may receive compensation from your insurance provider or the provider serving the driver who caused the accident. Nonetheless, there are guidelines you should be familiar with. And you should know how long after the accident you can file a claim. Read to know.
Car Insurance Claim Deadline
There is a legally approved time limit on how long you have after an accident occurs before you must file an insurance claim with your provider. You may make an insurance claim with your own company or with the other driver’s insurance company (known as a “third party claim”), depending on your policy’s coverage and the specifics of the event.
Telling an insurance company representative that you’ve been hurt in a car crash and want to submit a claim is often the first step in the claims process. You can claim via phone or online. When you get in touch with your insurance provider following a car crash, they will make you through the claim process. This varies for different providers and states.
Difference Between Filing a Claim and a Lawsuit
A person has a different amount of time to submit a claim with an insurance company or a lawsuit following an accident, depending on which option they choose. It’s common practice for lawsuits involving vehicle accidents to end with an insurance company settlement. You may file a claim with your insurance company or the company covering the negligent motorist. Damages will be evaluated by the insurance company, and a settlement offer will be made based on what the company determines to be fair. If you agree, this matter will be closed.
An automobile accident lawsuit may be necessary if the parties involved can’t agree on blame or if the victim doesn’t think the amount of compensation offered by the insurance company of the motorist who caused the accident is adequate. Knowing the regulations around insurance claims and vehicle accident lawsuits will help ensure you don’t miss the appropriate filing date.
How Long After the Accident Can You File a Claim?
The “statute of limitations,” or the time restriction within which a claim or lawsuit must be filed, varies by state and the nature of the claim.
State | Bodily injury | Property/collision/
comprehensive damage |
Alabama | 2 years | 2 years |
Alaska | 10 years | 10 years |
Arizona | 2 years | 2 years |
Arkansas | 3 years | 3 years |
California | 2 years | 3 years |
Colorado | 3 years | 3 years |
Connecticut | 2 years | 2 years |
Delaware | 2 years | 2 years |
District of Columbia | 4 years | 4 years |
Florida | 2 years | 4 years |
Georgia | 2 years | 2 years |
Hawaii | 2 years | 3 years |
Idaho | 2 years | 5 years |
Illinois | 2 years | 2 years |
Indiana | 2 years | 5 years |
Iowa | 2 years | 2 years |
Kansas | 2 year | 2 years |
Kentucky | 1 year | 1 year |
Louisiana | 6 years | 6 years |
Maine | 3 years | 3 years |
Maryland | 3 years | 3 years |
Massachusetts | 3 years | 3 years |
Michigan | 2 years | 6 years |
Minnesota | 3 years | 3 years |
Mississippi | 5 years | 5 years |
Missouri | 3 years | 2 years |
Montana | 4 years | 4 years |
Nebraska | 2 years | 3 years |
Nevada | 3 years | 3 years |
New Hampshire | 2 years | 6 years |
New Jersey | 3 years | 4 years |
New Mexico | 3 years | 3 years |
New York | 3 years | 3 years |
North Carolina | 6 years | 6 years |
North Dakota | 2 years | 2 years |
Ohio | 2 years | 2 years |
Oklahoma | 2 years | 6 years |
Oregon | 2 years | 2 years |
Pennsylvania | 3 years | 10 years |
Rhode Island | 3 years | 3 years |
South Carolina | 3 years | 6 years |
South Dakota | 1 year | 3 years |
Tennessee | 2 years | 2 years |
Texas | 4 years | 3 years |
Utah | 3 years | 3 years |
Vermont | 2 years | 5 years |
Virginia | 3 years | 3 years |
Washington | 3 years | 3 years |
West Virginia | 2 years | 2 years |
Wisconsin | 3 years | 6 years |
Wyoming | 4 years | 4 years |
How Long Do You Have to Report an Accident?
The majority of states demand immediate reporting, while some give you up to 30 days. You must contact the authorities at the scene of the accident in jurisdictions where such reporting is mandatory.
State | Time limit |
Alabama | 30 days |
Alaska | 10 days |
Arizona | Immediately |
Arkansas | 30 days |
California | 10 days |
Colorado | Immediately |
Connecticut | Immediately |
Delaware | Immediately |
Florida | 10 days |
Georgia | Immediately |
Hawaii | Immediately |
Idaho | Immediately |
Illinois | 10 days |
Indiana | Immediately |
Iowa | Immediately |
Kansas | Immediately |
Kentucky | 10 days |
Louisiana | Immediately |
Maine | Immediately |
Maryland | 15 days |
Massachusetts | Five days |
Michigan | Immediately |
Minnesota | 10 days |
Mississippi | Immediately |
Missouri | 30 days |
Montana | Immediately |
Nebraska | 10 days |
Nevada | Immediately |
New Hampshire | 15 days |
New Jersey | Immediately |
New Mexico | Immediately |
New York | Five days |
North Carolina | Immediately |
North Dakota | Immediately |
Ohio | Six months |
Oklahoma | Immediately |
Oregon | Three days |
Pennsylvania | Five days |
Rhode Island | 21 days |
South Carolina | 15 days |
South Dakota | Immediately |
Tennessee | 20 days |
Texas | 10 days |
Utah | Immediately |
Vermont | Five days |
Virginia | Immediately |
Washington | Four days |
West Virginia | Five days |
Wisconsin | Immediately |
Wyoming | 10 days |
Why Should You File That Insurance Claim Right Away?
Regardless of the time left, you have to make a claim as soon as possible. Immediately filing a claim has several advantages, like:
- Gathering proof is easier.
- Witnesses will still have the most up-to-date information.
- Your memory of the specifics of the collision will be vivid.
What Are the Consequences of Putting off Your Claim?
Whether you’re filing a lawsuit or a claim with your insurance, getting things started as soon as possible following an accident is always the best course of action. If you wait too long, your insurance company may dismiss your claim on the grounds that you cannot prove the extent of your damages. Also, remember that your insurer can only refuse because of delay if there is a time restriction for filing claims in your state or if the delay caused them injury or affected the case.

Sara Sam may not look like your typical car and finance expert, but don’t let that fool you. With over four years of experience in the industry, she knows all the ins and outs of cars, car insurance, and refinancing. You can trust Sara to help you navigate the often-confusing world of automobiles and financing.