How Long Do You Have To Sue Someone After A Car Accident?

One person died in this three-car crash. (KATU News photo)

Car accidents injure tens of thousands of people in the United States every year. The length of time you have after an accident to file a lawsuit is determined by the type of accident. Because this can be complicated, it’s critical to understand the law and the statutes of limitations.

The statute of limitation for Injured parties to file a lawsuit is two years (depending on the state) for certain personal injuries such as work accidents, burns, and slip-and-falls, as well as medical malpractice. They do, however, have up to five years to initiate a civil case in the event of a vehicle or truck accident that results in injury or property damage.

File Your Insurance Claim Right Away

Even if you have two years to launch a lawsuit after an automobile accident, you should always submit an insurance claim as soon as feasible. The initial step is to share information with the opposing driver. Before you leave the scene, get their insurance information, policy number, contact information, and the make and type of their vehicles. 

Once you’ve returned home and are safe, notify your insurance agent of the occurrence. They’ll want to know what happened and may ask for the information you got from the other motorist. Don’t be afraid to seek their assistance on how to handle your insurance claim. They’ll assist you in the procedure, so you don’t have to feel overwhelmed.

Speak to a Car Accident Lawyer

It’s a good idea to consult with an experienced car accident lawyer as soon as possible, regardless of whether you believe you’ll wind up bringing a case against the other motorist. You don’t even need a completed insurance claim to schedule an appointment. 

During the consultation, your attorney will be able to examine your case and look at the type of injuries you experienced to determine whether bringing a lawsuit is a possible option. If it is, file as quickly as possible if you believe you wish to pursue the matter. The sooner you act, the simpler it will be to obtain the compensation you require to recover fully from the injury.

Consider Your Insurance Claim

Only drivers who do not file an insurance claim are subject to the two-year time restriction in personal injury proceedings. This is due to the fact that the insurance claim functions as a legal agreement between you and the other driver. Accepting the insurance company’s payment typically means giving up your right to sue the other driver for extra damages. 

So, what actually constitutes acceptance of the settlement? If you cash the insurance company’s check after an accident, you’re acknowledging that the amount is reasonable. You will forfeit your right to sue the other motorist for any damages resulting from the collision if you do so.

You Don’t Have to Rush the Process

Finally, insurance claims can take a long time to process, and you’re not compelled to accept a settlement offer from the insurance company. With the aid of an expert attorney, you can evaluate and dispute that settlement. This can help you determine if the insurance claim will be sufficient to cover the cost of repairs and medical care. 

If it isn’t, you’ll have time to talk to your lawyer about your alternatives and launch a formal case. There are a few things you should do during the claims process to assist you to decide whether or not a lawsuit is warranted.

Get Legal Help 

Even if you have two years to do so, you are not compelled to bring a lawsuit against the individual who caused your accident. In fact, it’s always a good idea to start thinking about your options as soon as possible after an accident. Whether you’re filing an insurance claim for damages or not, click here for consultation.

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Tom Brown

Tom Brown is an automotive market enthusiast living in the United States. He holds a diverse background in automotive marketing and enjoys utilizing that to produce insights into the inner workings of the industry.
Tom Brown
Tom Brown is an automotive market enthusiast living in the United States. He holds a diverse background in automotive marketing and enjoys utilizing that to produce insights into the inner workings of the industry.