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How long do I have to file an auto accident claim and press legal charges after getting in an accident?
Question: I just got into a car accident that wasn't my fault yesterday and the guy had no insurance. The damage was pretty minor and he offered to pay me cash up front because he didn't have insurance and didn't want to get in trouble. I took the cash but now my neck is feeling weird the next day and I want to go ahead and file a claim, and perhaps even sue for injury damage if I have any. Is it too late?
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Answers (1)
You are supposed to report the accident immediately after it happens, or within a few hours at the least. However, you legally have 5 to 8 days to turn in form MV104 a.k.a Report of a Motor Vehicle Accident.
As far as filing a law suit, you have up to 2 years in most states to be within the statute of limitations to do so.
Since you accepted money rather than insurance, there possibly may be reprecussions on your end as not having auto insurance is clearly against the law, and so is not reporting an accident. You may want to personally speak to the person first, return the money, then proceed from there. Consulting with an accident attorney would be highly advisable in order to take action within legal constraints.
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Posted by Henson Gawliu on 29 Jan 2010
1 person found this useful
(3 Votes)