Being in a car accident is an extremely traumatic experience. You are looking at a scary personal experience, medical expenses, property damage and more. The last thing you may want to do is contact an insurance adjuster following a car accident, but eventually you will have to do the necessary to protect your rights and receive full compensation.
You may not need to do it right away, but you should not wait too long. However, how long is too long before you can file a claim after a crash? We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
What Are Your Injuries?
It is going to be hard to truly realize the extent of your injuries immediately following the car accident. After any accident, time needs to pass before you can understand how serious your injuries may be. It can be hard to say how long pain will last and just how severe it may be, and a true diagnosis may not be made until that pain subsides.
If your injuries are severe, the medical treatment could be lengthy, and you want to make sure that you are compensated fully to allow for your treatment to be covered.
Review Your Car Insurance Policy
One of the first steps you should take before deciding to file your claim is to review your insurance policy. Most policies have a stated deadline for how long you can wait before filing a claim. Many fall in line with your state statute of limitations, but this can vary depending on your policy.
If you do not want your insurance company to know that an accident occurred, contact a personal injury attorney who can help review your policy to see just how long you have to file your personal injury claim, if it is unclear from your own review.
Time Limit to File Your Case in Court
You do not have forever when it comes to filing a claim. Every state has a statute of limitation, giving you a certain time limit for filing a case in court for your personal injury claim. It is important you keep this deadline in mind if settlement negotiations fall through and you need to pursue a legal claim.
You do not want to be barred from seeking a legal claim if that does happen. Again, a personal injury attorney will be able to advise you on the time you have available. If you need to file a law suit while waiting to settle your claim, that can, at minimum, ensure that you are covered.
Maximum Medical Improvement
As stated previously, you need to ensure that your injuries are fully and completely understood. You will want to determine if you have reached what is known as “maximum medical improvement” or MMI. This term means you are as back to normal or healthy as you will be after your injuries.
You have essentially exhausted your recovery period and are at the point where you know what all of your injuries are and how much money you have expended on your medical recovery.
Getting the Ball Rolling
It is for this reason that you will at least want to get the process started. Even if you are not at the point where you are at your maximum recovery level and may still have additional medical expenses, it is best to get some type of estimation on what your damages or need for compensation may be.
Filing a claim does not mean you need to have that final figure set in stone or even in mind. It can at minimum alert the insurance company of the accident, begin the process of investigating what happened with the car accident.
Keep all of the documentation showing your injuries, the damages incurred and expenses paid. You will need this documentation for when you do make your final request.
Contact an Attorney Today
If you have been involved in a car accident and are unsure of how long you have to file a claim, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
