How long you have after a car accident to claim injury depends on whether you are filing an injury claim or lawsuit. Below, our Atlanta car accident lawyers tell you how long you have to take legal action depending on your case.
How Long You Have to File an Auto Accident Claim
Your time limit for filing an auto insurance claim typically depends on the insurance provider. We recommend that you file within a day or two of your accident. This will ensure you don’t overstep any deadlines within the insurance policy.
Note: When you discuss your auto accident with the insurance company, only give the basics (e.g., your name, when and where the accident occurred, whether there were other people in your vehicle). They may request you give a recorded statement, but this is not something you want to act quickly on. Direct any questions to us.
For a free legal consultation, call (404) 888-8888
Car Accidents FAQs
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If you determine that filing a lawsuit is the best way to recover the compensation you need, you have a different time limit. Per O.C.G.A. § 9-3-33, the statute of limitations for a car accident lawsuit is two years.
If you lost a loved one in a car accident, you also have two years.
If you are filing against a municipality, you have a much shorter time period:
- For cases against a city in Georgia, you have six months to file notice of a claim (O.C.G.A. § 36-33-5).
- For cases against a county in Georgia, you have one year to file a claim (O.C.G.A. § 36-11-1).
- For cases against the state of Georgia, you have one year to file notice of a claim (O.C.G.A. § 50-21-26).
There may be exceptions to this deadline. A personal injury attorney from our firm can help you
Why You Want to Act Quickly
The first reason you need to act quickly is that if you don’t file within the statute of limitations, the court will likely reject your lawsuit. You give up all potential leverage you have in negotiations with the insurance company. If you can’t threaten to sue for compensation, the insurer doesn’t have to play ball and offer you what you deserve. There are several other reasons to act quickly after a motor vehicle accident.
Preservation of Evidence
Acting swiftly after an accident is crucial for the preservation of vital evidence. Immediate action can significantly influence the outcome of any subsequent legal or insurance claims.
The condition of the accident scene and the immediate recording of details can provide irrefutable evidence necessary for establishing fault. Physical evidence at the scene can be altered or erased over time, making early collection of photographs, videos, and witness contact information invaluable.
Seriousness and Urgency
Swift action demonstrates a seriousness and urgency about the situation, beneficial when dealing with insurance companies or in legal proceedings. It shows that the victim is proactive about their health and their rights, potentially leading to a more straightforward and timely resolution.
Legal Guidance
Engaging with legal counsel soon after an accident can provide critical guidance through the complexities of insurance and legal processes. An attorney can offer advice on how to navigate these systems, ensuring that victims do not inadvertently undermine their own claims through a lack of understanding. It also gives your lawyer time to build a robust case.
The importance of acting quickly after an accident transcends legal deadlines. It’s about preserving evidence, ensuring health and well-being, and securing a fair and just outcome in the wake of a potentially life-altering event.
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What You Need to Do to Recover Compensation for Your Injuries
Recovering compensation requires that you:
- Gather evidence, such as medical records, photos and video, and the accident report
- Establish liable parties
- Prove how negligence caused your accident
- Negotiate with insurance companies
- Prepare your case for trial
A successful case requires all these things. That’s why it’s important to get started as soon as possible, even if you feel like you have years to do what’s necessary for your case.
If you hire an accident attorney, they will handle all this on your behalf. But you should contact them as soon as possible to give them the time they need to prepare your case.
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What You Should Do Immediately After Your Accident
You also have a limited amount of time to take certain steps after your accident. All these things will help to protect yourself and your case.
Get Medical Care at the Scene
If paramedics are called to the scene, let them examine you. Do this even if you aren’t sure you are injured. The adrenaline from an accident can mask the symptoms of some severe injuries. The paramedics are also trained to look out for things you might miss (e.g., discomfort, confusion, dilated pupils).
If you don’t get medical care at the scene, go to the emergency room as soon as you can.
If you wait too long to get medical care, it will be more difficult to prove your injuries are a result of the accident. It’s very important to get care at the scene or right after so the paramedics or ER staff can link your injuries to the collision.
Note: Be sure to continue your medical care. If you disobey your doctor’s orders or start skipping appointments, you’re giving the insurance company an excuse to deny your claim.
Write Down Everything You Remember About the Accident
Once you are in a safe place, write down anything you can remember about the crash—before, during, and after. This will help prevent you from accidentally changing your story if you forget or misremember a detail in the weeks following the auto accident.
Call a Lawyer for Help Managing Your Case and Its Deadlines
You shouldn’t be managing your car accident case and its deadlines while trying to recover some injuries. Let our team handle it. Our accident lawyers can prepare a robust case for the compensation you deserve while you focus on getting back on your feet.
Call Bader Scott Injury Lawyers today for a free consultation.
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