Is there a statute of limitations for car accident cases?


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Question:

Is there a statute of limitations for car accident cases?

Answer:

When you get into a car accident, you generally have a balancing act on your hands as far as time. You do not want to accept any settlement prior to knowing how serious your injuries are, because you don't want to collect money and then later find out that it wasn't enough to cover everything that was wrong with you. On the other hand, you don't want to wait too long because there is a statute of limitations on car accident cases.

The statute of limitations on car accident cases depends on where you live and the circumstances. 

  • In some states, called no fault states, you may need to make a car accident claim with your own insurer within a very short time limit. For example, in New York, you generally have around 30 days to make a no fault claim from the time of your accident occurring. In no fault states, these no fault or personal injury protection claims made to your own insurer are your only option for minor injuries- you can't sue. As such, knowing the time limit is very important
  • In states where you can sue, the statute of limitations is set by the statute of limitations for tort or personal injury civil suits. The specific time period can vary by state, but it is common to have a 2 year statute of limitations when the car accident leads to death and a three year statute of limitations when the car accident sufferer experienced non-fatal injuries. In other states, however, it is also common to have a general two year statute of limitations.

If you do not get your claim in within the statute of limitations, you won't be able to recover anything at all. As such, it is important you contact a lawyer to find out what the statute of limitations is where you live and to get help filing your claim.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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