How Long After an Accident Can You Claim Injury?

When some people get into a car accident, they know right away that they are injured. They may have a visible wound or can’t move one of their limbs. In other scenarios, the injuries may not be obvious.

However, in the days that follow, the injuries caused by the other driver may soon present symptoms that require urgent treatment. You’ll need to file a car insurance claim with the other driver’s insurance company to have your medical expenses covered.

Unfortunately, the delay in medical treatment could become an obstacle later on when you seek financial compensation from the at-fault driver. It is always best to file a claim as quickly as you can, but there may be times when you file an injury claim later, once you realize you are hurt. 

The Law Office of Jack M. Shapiro is the personal injury advocate for accident victims. Our personal injury law firm provides legal support for personal injuries. In this article, we dive into the statute of limitations and how it could affect your car insurance case when you delay filing your insurance claim. 

Understanding the Statute of Limitations for a Car Accident

Each state varies on the statute of limitations. This is the time limit granted for filing a personal injury lawsuit. When you file a lawsuit, the Illinois statute of limitations generally grants you two years for filing deadlines. This limit applies to a car accident lawsuit or if you file a personal injury lawsuit for premises liability, wrongful death, or product liability.

There is also a statute of limitations for property damage. If you want to file a lawsuit for property damage, you have five years. However, when it comes to a car accident case, the discovery rule may apply if serious injuries are not discovered immediately. 

Other factors can lengthen or reduce the time you have to file a lawsuit. If you were in a car accident, it is wise to consult a personal injury lawyer before you file a claim to get an advocate for your serious injury.

Steps to Take Before You File an Insurance Claim

Before you can begin a lawsuit for a car accident, you need to file an insurance claim. Prior to filing a claim, there are steps you need to take for a smoother claims process. While at the accident scene, you must report the car accident to the police. They will come to investigate the crash site and eventually file a police report, which the insurance company will need before you file a claim.

In car accidents, evidence is critical to prove who was at fault. It will determine who needs to cover the damages in the car accident through their car insurance company. Illinois is an at-fault state, so if the other driver caused the auto accident, you would file a claim with their insurance provider. 

Photos and videos of each vehicle involved in the car accident along with witness statements can be submitted for your personal injury claim. If you work with an attorney from the start, they can also access important evidence that you wouldn’t be able to get on your own. Traffic camera footage and surveillance videos from nearby businesses can provide an unbiased view of what occurred. 

For a personal injury case, it is important to prove that the other driver hit your vehicle and caused your injuries. You should receive medical attention even if you don’t think you’re hurt. Often, victims have hidden injuries and prompt treatment can prevent their condition from worsening. Getting medical care creates medical records you can submit when you file a claim for your car accident with the insurance company. 

When to Contact the Insurance Company About Car Accident Claims

Even if the other driver was responsible for the crash, you need to contact your own insurance company first. You have a duty to report accidents to your insurance agent. This accident report must be made within 24 hours, serving as an initial report that a potential third-party claim may be made.

Some insurers will give you 3 days while others will give you 2 weeks to file a claim on the insurance company policy of the driver at fault. You may know your auto insurance policy limitations, but it’s likely you do not know what insurance the driver has, making it important for you to file your personal injury claim as close to the accident date as possible. 

In situations where you suffer extensive bodily injury, such as being rendered unconscious or undergoing extensive life-saving surgeries, that make it difficult for you to take these actions, you should contact a personal injury attorney. They can reach out to the insurers and take over on your behalf.

Potential Challenges with Delayed Reporting of Your Insurance Claim

In some personal injury cases, victims may try to file a personal injury claim long after a car accident has occurred. Filing a claim immediately after an accident is always in your best interest. This is because the insurance company sometimes denies late filers because they can claim that the injuries are not directly related to the accident.

The more time that elapses between your accident and when you file, the more complicated the situation can get. If you are denied, then you wind up stuck with massive medical bills and if you are unable to work because of your injuries, you could lose income, which makes it hard to pay your usual monthly bills. 

In some cases, they may offer you a small sum for the accident but it is hardly a fair settlement if they do not cover the damages their policyholder caused. While it is best to make your claim right after an accident, there are circumstances that can delay you but an attorney can help you understand your legal options.

You should also be aware that the rule of modified comparative negligence may mean that you are assigned some of the blame in the crash. When that happens, it can further diminish the compensation award you should receive for your injuries and damages. Some insurers may try to argue that you filed late because you are mostly responsible the wreck. They can also come up with other reasons why you do not qualify to receive a settlement.

When to Contact a Chicago Car Accident Lawyer

Some vehicle collision injuries may not be obvious right after your accident. Despite this, it is encouraged for victims in these events to err on the side of caution and quickly seek medical care to find any injuries and document them. This will be the best chance for you to get fair compensation from a driver who caused your crash.

If you were unable to contact the insurer quickly or were unaware of your injuries until later on, you may still be able to take legal action and recover compensation. Doing so will require the assistance of an attorney who has experience in these legal matters. You can contact the Law Office of Jack M. Shapiro to get a free consultation and learn how to best proceed.