How Long After a Car Accident Can You File an Injury Claim?

This is a critical question because delay can significantly impact your ability to seek compensation for your injuries and damages. Statutes of limitations are laws that set the maximum time after an event where you could file a legal claim, including an injury claim. Each state has a different deadline.

Insurance companies may also have their deadlines for filing an injury claim before they will deny your claim. While these deadlines don’t bar you from getting compensation like the statute of limitations, winning is much more complicated if you take too long.

Our car accident lawyers in Albany know these laws and how seriously the court takes them. This is why we urge you to contact a lawyer as soon as possible after your accident. That gives your lawyer time to make your case before the statute of limitations runs out.

How Long You Can Wait to File an Injury Claim in States Where Morelli Law Practices

Here is what you need to know about how long you can wait to file an injury claim after a car accident in the states we practice. Certain factors can change the deadline, such as if the injured person is a minor or if a government entity caused the harm.

New York

In New York, the statute of limitations for most personal injury claims, including those from car accidents, is three years from the accident date. However, there are some exceptions:

• If the accident resulted in a death, the statute of limitations for a wrongful death claim is two years from the date of death.
• Claims against a municipality or government entity may have shorter notice requirements, sometimes as short as 90 days.

New Jersey

New Jersey has a two-year statute of limitations for personal injury claims arising from car accidents. This two-year period typically starts from the date of the accident. However:

• The statute of limitations may be extended if the injured person is a minor.
• In New Jersey, claims against government entities require a notice of claim to be filed within 90 days of the accident.

Pennsylvania

In Pennsylvania, you generally have two years from the car accident date to file a personal injury lawsuit. However, be aware that:

• If you’re filing a claim against a government entity, you must provide notice within six months of the accident.
• Pennsylvania’s statute of limitations for property damage claims is also two years.

Illinois

Illinois law provides a two-year statute of limitations for personal injury claims, including car accident claims. This period typically starts from the date of the accident. However:

• If the injured person is under 18, the statute of limitations may not begin until they turn 18.
• Claims against local government entities require a formal notice within one year of the accident.

Missouri

In Missouri, the statute of limitations for personal injury claims, including those from car accidents, is five years from the accident date. However:

• Wrongful death claims have a shorter statute of limitations of three years from the date of death.
• Claims against government entities may have shorter notice requirements.

Other Factors That Can Affect How Long After a Car Accident You Can File a Claim

Sometimes, the “discovery rule” may extend the statute of limitations. This rule applies when:

• The injury wasn’t immediately apparent.
• The cause of the injury wasn’t immediately known.

Under the discovery rule, the statute of limitations may begin when you discovered (or reasonably should have discovered) your injury or its cause rather than the accident date. 

Tolling of the Statute of Limitations

Certain circumstances can “toll” or pause the statute of limitations, such as:

• The injured person is a minor.
• The injured person is mentally incapacitated.
• The defendant leaves the state or is hiding to avoid legal action.

These situations can extend the time to file a claim, but they often require legal interpretation to determine whether they apply and how much they would extend the deadline.

Why You Shouldn’t Wait to File Your Claim

While you may have years to file your claim legally, waiting can make it more challenging to build a strong case. Over time:

• Physical evidence may be lost or destroyed.
• Witnesses’ memories may fade.
• Accident scenes may change, making reconstruction more difficult.

By acting promptly, you help ensure that crucial evidence is preserved and readily available. Insurance companies also have their own deadlines for filing claims, which are typically much shorter than the legal statutes of limitations. 

Don’t Wait to Protect Your Rights

Now that you know how long after a car accident you have until you must file an injury claim, don’t wait. The sooner you act, the stronger your position will be. If you’ve been injured in a car accident in New York, New Jersey, Philadelphia, Illinois, or Missouri, don’t delay. Contact Morelli Law Firm now to start your case.