How Long Do I Have to File a Claim After a Car Accident?

After a car accident, there is a legally determined time frame during which any claims for damages must be filed. Missing this deadline means missing the opportunity to recover compensation for your losses. Here’s some advice from a car accident attorney on how long you have to file a claim after a car accident.

How Long Do I Have to File a Claim After a Car Accident? A Car Accident Attorney Explains

Statute of Limitations for Personal Injury Claims

In Missouri, you have five years from the date of the car accident to file a personal injury lawsuit. This is known as the statute of limitations, and it is designed to ensure that evidence remains fresh and that witnesses can still accurately recall what happened. Missing this deadline typically results in your claim being dismissed, meaning you will not be able to seek compensation for your injuries.

The clock starts ticking from the date of the accident, and the statute applies to any claims involving injuries that you or your passengers sustained. It’s important to start the claims process as early as possible, even though five years may seem like a long time. Filing a claim sooner rather than later helps preserve important evidence, such as witness statements, medical records, and accident reports, which can strengthen your case. The longer you wait, the more challenging it may be to gather the necessary information to support your claim effectively.

Statute of Limitations for Property Damage Claims

For property damage claims, such as damage to your vehicle or other personal property that occurred in the accident, the statute of limitations in Missouri is also five years. Filing a claim for property damage can help you recover the costs of repairing or replacing your vehicle and any personal items that may have been damaged during the accident.

Contact the responsible insurance company as soon as possible following the accident to begin the claims process. Most insurance companies require that you notify them within a few days or weeks of the incident to begin the claims process. Delaying this notification may make it harder to negotiate a fair settlement, and in some cases, could even lead to a denial of coverage.

Statute of Limitations for Wrongful Death Claims

If a car accident results in the death of a loved one, the family may be eligible to file a wrongful death claim. In Missouri, the statute of limitations for wrongful death claims is usually three years from the date of the death. This deadline is shorter than that for personal injury and property damage claims, so it’s important for families to act promptly.

Wrongful death claims can help surviving family members recover compensation for funeral expenses, medical bills, loss of future income, and emotional suffering. If you believe that a wrongful death claim is appropriate, it’s wise to consult an attorney as soon as possible to discuss the circumstance of the accident and to make sure all legal requirements are met on time.

Exceptions to the Statute of Limitations

While the statute of limitations is generally a fixed deadline, there are a few exceptions that may extend or “toll” the filing period in Missouri. One common exception applies if the injured party is a minor when the accident occurred. In Missouri, if a minor is involved, the statute of limitations for their injury claim does not begin until they turn 18 to give them time to file a lawsuit after they are legally of age.

Another exception occurs if the at-fault party leaves the state after the accident but before the lawsuit is filed. In this situation, the time the at-fault party is out of the state may not be counted against the statute of limitations, giving you more time to pursue a claim. Additionally, if you are incapacitated due to severe injuries and are unable to manage your legal affairs, the statute of limitations may be extended until you are capable of taking action.

Claims Against Government Entities

Filing a claim against a government entity, such as a city or county, is more complicated and comes with shorter deadlines. For example, if you are in an accident involving a government-owned vehicle, you would be required to file a formal notice of claim within just a few months of the accident. In Missouri, this deadline can be as short as 90 days, depending on the entity involved. It’s especially critical to act quickly if you believe that a government vehicle or employee was responsible for your accident.

Factors That Can Delay Filing a Claim

If liability is not clear-cut and there are disputes, you may need more time to gather evidence and negotiate. This can affect when you ultimately decide to file a claim. Also, engaging in settlement negotiations with insurance companies can delay filing a personal injury, but it’s still important to keep the statute of limitations in mind, as neither liability disputes nor negotiations will toll the deadline.

In some cases, the full extent of your injuries may not become apparent until weeks or even months after the accident. This can be especially true for injuries involving soft tissue, spinal issues, or traumatic brain injuries, which may require extensive medical evaluations and ongoing treatment to fully assess their impact. You may wish to wait until you have a clearer understanding of your medical prognosis before filing a claim, as this can help you seek appropriate compensation for long-term care and rehabilitation costs. Consult with an attorney for advice and help so that you don’t inadvertently miss the deadline while waiting to find out more about the medical aspects of your claim.

What to Do If the Statute of Limitations Has Passed

If you discover that the statute of limitations has passed for your car accident claim, you may still have some options, although they are limited. There are specific circumstances where a court might consider allowing a late claim, but these situations are highly exceptional and rarely granted. The burden falls on you to prove why you were unable to file within the allotted time. You would have to be able to, for example, demonstrate that you were incapacitated due to severe injuries or that you were misled by the actions of the other party involved.

Insurance Company Deadlines

Insurance companies have their own deadlines, which are often much shorter than the state’s statute of limitations. These deadlines can vary depending on the specific insurance provider and the policy you hold. Typically, insurance companies require that you report an accident within a few days to a week. Insurance companies rely on timely reporting to investigate claims accurately and determine fault. The longer you wait, the harder it becomes for the insurance adjuster to gather evidence and verify the facts, and this will weaken your insurance claim.

If you or a loved one has been involved in a car accident in Kansas City, Missouri, reach out to Wendt Law Firm P.C. Our experienced team is ready to help you understand your rights and guide you through the claims process to ensure you receive the compensation you deserve.