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Getting into a car accident can be stressful and overwhelming, especially in the moments immediately following the crash. Between ensuring everyone's safety, exchanging information with the other driver or drivers involved, talking to police, and assessing the damage, the last thing on your mind may be how long you have to file an insurance claim.
Whether you're dealing with a minor fender bender or a more serious collision, it's crucial to understand the statute of limitations for reporting the accident and filing a claim. While many states require claims to be filed within two to three years after an accident, some states, like Maine and Minnesota, allow up to six years.
Just as importantly, keep in mind that insurance companies may require you to notify them of the accident much sooner than that, possibly within days or weeks of your accident.
Key takeaways
- The statute of limitations for filing an auto insurance claim varies by state.
- Most states require you to report accidents as soon as they occur.
- There are occasions where you may decide not to file an accident claim.
- Filing a claim may increase your insurance premium.
How long do you have to file an auto insurance claim?
The time you have to file an auto insurance claim after an accident varies depending on the state you live in and sometimes whether the claim is for property damage or injuries. This period of time is called the "statute of limitations." Many states require claims to be filed within two to three years after an accident, but some states, like Maine and Minnesota, allow up to six years.
Here are the statutes of limitation by state.Â
| State | Personal Injury | Property Damage |
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 3 years |
| Colorado | 3 years | 3 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| Florida | 4 years | 4 years |
| Georgia | 2 years | 4 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 3 years |
| Illinois | 2 years | 5 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 5 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 2 years |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 6 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 6 years | 6 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 5 years |
| Montana | 3 years | 2 years |
| Nebraska | 4 years | 4 years |
| Nevada | 2 years | 3 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 6 years |
| New Mexico | 3 years | 4 years |
| New York | 3 years | 3 years |
| North Carolina | 3 years | 3 years |
| North Dakota | 6 years | 6 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 6 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 10 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 6 years |
| Tennessee | 1 year | 3 years |
| Texas | 2 years | 2 years |
| Utah | 4 years | 3 years |
| Vermont | 3 years | 3 years |
| Virginia | 2 years | 5 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 4 years |
| District of Columbia | 3 years | 3 years |
The claims process
The process of filing a car insurance claim after an accident begins right after the accident occurs while you're still on the scene trying to make sense of what just happened. Before you start anything, it's important to check to see if anyone is injured and call emergency services if necessary. Once you've ensured everyone's safety, here are the next steps to take after an accident.
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Report the accident to the police
Calling 911 will get the police to the scene of an accident to take a report. It's a good idea to make a note of the responding officers' names and badge numbers in case you may need them later for insurance purposes or legal follow-up. A police report can be important documentation when filing your insurance claim.
Document the scene
Regardless of who was at fault in the accident, you should exchange information with the other driver(s) involved. Get their name, contact information, driver's license number, license plate number, and the name of their car insurance company and policy number. You should also get out your mobile phone and take pictures of the accident scene, including any vehicle damage, visible injuries, and the road conditions.
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Notify your insurance company
Call your insurance provider as soon as possible to notify them about the accident, even if someone else hit your car. Many insurers have a claims hotline or even enable you to submit a claim through a mobile app. To get your claim started, you'll need to provide your insurer with the following information.
- Date, time, and location of the accident
- Insurance and contact information for all those involved in the accident
- Details of the accident
- Weather or road conditions
- Photos of the damage
- Copies of police or accident reports and any citations issued
- Names and badge numbers of responding officers
- Names and contact info of witnesses
Check your coverages and deductibles
You are required by state law to carry some level of liability insurance that can help pay for damages or injuries you cause to someone else in an accident. However, you'll need to check what your car insurance covers and if your policy includes collision coverage, which can help pay for damages to your car, or Personal Injury Protection (PIP), which covers medical expenses and lost wages if you are injured in an accident. Also, check your deductible, which is the amount you will have to pay out-of-pocket before your insurance kicks in, and whether you have rental car reimbursement coverage.
Work with an insurance adjuster
Insurance adjusters are the people the insurance company hires to investigate your claim. They will contact you to ask follow-up questions, inspect your vehicle, assess the damage, and try to determine who was at fault in the accident.
Get an estimate for your car repair or replacement
Some insurers will require you to get an estimate on repairing or replacing your vehicle. While you may be able to use your own repair shop, an insurer may also suggest a preferred shop. Depending on your policy, the insurance company will either reimburse you for the repairs or pay the repair shop directly.
How long do I have to report a car accident to the police?
While the time drivers have to file a car insurance claim may vary, most states will require you to report an accident to the police immediately after it occurs. Whether your state requires you to report accidents immediately or not, it's a good idea to do so. That way, the details of what happened are still fresh in your mind. Also, having the accident details on file with the police department can help when it's time to file a claim with an insurance company.
In the case of minor fender benders, you may not need to report the accident, especially if no one was injured or killed. A general rule of thumb is that you are usually not required to report a car accident unless it resulted in $1,000 or more in property damage. However, accidents with injuries or death must be reported. Just remember that if your neck starts hurting a day or two after you got rear-ended, you may have more difficulty with proving your claim if you didn't report the accident right after it happened.
When not to file an accident claim
Not every accident warrants filing a claim with your car insurance company. There are certain occasions when you may not want to report the accident to your insurer. For example, in a minor fender bender, you and the other driver may agree to settle the matter without involving the police and insurance companies. When you file a claim with your insurance company, your premium is likely to increase, so it may not be worth making a claim if the damage is minimal.
It may not be worth filing a claim after an accident if you have a high deductible and will end up paying to fix the damage out of pocket anyway. You may also want to avoid a claim if you are driving someone else's car or you don't want the car accident on record.
FAQs
What is the grace period for insurance claims?
The grace period for insurance claims refers to the amount of time you have after an accident to report it to your insurance company. This period varies by state and the specific terms of your policy. In most states, you are required to report an accident immediately. However, there are states like Alabama and Arkansas where you have up to 30 days to report an accident.
Can you sue for an accident years after it happened?
The statute of limitations is the amount of time that you have to file a claim or a lawsuit after an accident. This time frame varies by state. For example, in Wisconsin, you have three years to file a lawsuit, while in Missouri, you have up to five years. You can't sue for an accident after the statute of limitations in your state has run out.
Can a cop give you a ticket after an accident?
Yes, a police officer can give you a ticket after an accident, especially if you are at fault. If you receive a citation after an accident, you should provide the information on that citation to your insurance company.
Bottom line
Filing a car insurance claim after an accident can be a straightforward process, but timing is essential. Each state has its own rules on how long you have to file a claim, and waiting too long can result in losing your right to compensation. Even if the damage seems minor, reporting the accident promptly and understanding your coverage can help protect your finances and peace of mind.
If you've been in a crash, review your state's statute of limitations and speak with your insurer or a legal professional to ensure you take the right steps within the allowed timeframe.
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