How Long After a Car Accident Can You File a Claim?
Many states give you two years to file a car insurance claim. Depending on where you live and the type of claim, you may have between one and 10 years to file.
It’s usually a good idea to file your claim as soon as it’s convenient.
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How long after an accident can you file a claim?
Typically, you have two years after a car accident to file an insurance claim or lawsuit. Only one state has a shorter period: You need to file within a year in Tennessee for bodily injury claims.
It’s possible to file a claim or lawsuit several years after a crash. Accidents are stressful and scary. Some types of injury and damage don’t show up for a while. But each state has a time limit.
The legal term for this time period is the statute of limitations. You generally have to file within that period if you’re going to file at all.
How long you have to file an insurance claim by state
State | Bodily 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 | 2 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 | 2 year | 2 years |
| Louisiana | 2 years | 2 years |
| 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 | 6 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 |
| Washington, D.C. | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 6 years |
| Wyoming | 4 years | 4 years |
What happens if you don't file a claim right away?
Generally, the longer you wait to make a claim, the more likely it is that your claim could be denied.
Your auto insurance policy may say that you should start your claim right away or no more than 24 hours after the damage was done to your vehicle.
If you (or another driver) wait to file a claim, insurance companies may be suspicious of why you waited. They will often investigate whether the damage was actually a result of the accident or if it came after. If they find legitimate reasons to doubt your claim, they may deny it.
Do I make the claim through my insurance or the other driver's?
File your claim under your own insurance if:
-
You were at fault
- The accident happened in a no-fault state
You can file your claim through the other driver's insurance if:
- The other driver was at fault
- You suffer from ongoing or permanent physical injuries
- Your treatment costs are greater than your policy coverage
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How long do you have to report a car accident?
Many states require you to report a crash to police right away at the scene of the accident if someone is hurt or there’s major property damage.
You often don’t need a police officer at the scene if no one is hurt and there is only minor damage. Different states have different damage limits. You can report it to the state yourself if it looks like any damage done in the accident will cost less to fix than your state’s limit. But you need to do so in a timely manner.
State | Time limit | Damage limit | ||
|---|---|---|---|---|
| Alabama | 30 days | $250 | ||
| Alaska | 10 days | $501 | ||
| Arizona | Immediately | $2,000 | ||
| Arkansas | 30 days | $1,000 | ||
| California | 10 days | $1,000 | ||
| Colorado | 60 days | $1,000 | ||
| Connecticut | 5 days | $1,000 | ||
| Delaware | Immediately | $500 | ||
| Florida | 10 days | $500 | ||
| Georgia | Immediately | $500 | ||
| Hawaii | Immediately | $3,000 | ||
| Idaho | Immediately | $1,500 | ||
| Illinois | 10 days | N/A_ Indiana | Immediately | $1,000 |
| Iowa | 3 days | $1,500 | ||
| Kansas | N/A | $1,000 | ||
| Kentucky | 10 days | $500 | ||
| Louisiana | Immediately | $500 | ||
| Maine | Immediately | $1,000 | ||
| Maryland | 15 days | N/A | ||
| Massachusetts | 5 days | $1,000 | ||
| Michigan | Immediately | $1,000 | ||
| Minnesota | 10 days | $1,000 | ||
| Mississippi | 10 days | $250 | ||
| Missouri | 30 days | $500 | ||
| Montana | 10 days | $1,000 | ||
| Nebraska | 10 days | $1,500_ Nevada | 10 days | $750 |
| New Hampshire | 15 days | $1,000 | ||
| New Jersey | 10 days | $500 | ||
| New Mexico | Immediately | $500 | ||
| New York | 10 days | $1,000 | ||
| North Carolina | Immediately | $1,000 | ||
| North Dakota | Immediately | $4,000 | ||
| Ohio | 2 days | $100 | ||
| Oklahoma | 6 months | $300 | ||
| Oregon | 3 days | $2,500 | ||
| Pennsylvania | 5 days | N/A_ Rhode Island | 21 days | $1,000 |
| South Carolina | 15 days | $1,000 | ||
| South Dakota | Immediately | $1,000 | ||
| Tennessee | 20 days | $1,500 | ||
| Texas | 10 days | $1,000 | ||
| Utah | 10 days | $2,500 | ||
| Vermont | 3 days | $3,000 | ||
| Virginia | 1 day | $1,500 | ||
| Washington | 4 days | $1,000 | ||
| Washington, D.C. | 5 days | $250 | ||
| West Virginia | Immediately | $1,000 | ||
| Wisconsin | Immediately | $1,000 | ||
| Wyoming | Immediately | $1,000 |
Where time limits are not explicitly provided on state websites or by phone, the time limit for reporting all accidents is listed as immediately.
Although you may be allowed up to several weeks to report an accident, doing so immediately after the collision can help your claim process go smoothly and increase your chances of getting a payout.
Insurance companies and courts rely on police reports as important pieces of evidence, and having an officer assess the scene helps companies decide who was at fault.
Do you have to report a car accident?
In minor accidents where no insurance claim will be filed, reporting may not be required at all.
Still, since some injuries and types of vehicle damage are not apparent until days or weeks later, it's always best to contact the police immediately after an accident. The police report will be evidence for all of the reports you file with the DMV and any claims you might file with your auto insurance company.
Frequently asked questions
How long do insurance claims take?
It can take a couple of weeks to a couple of years to get a payout from a car insurance claim. How quickly the company cuts a check depends mostly on the size and type of claim made.
How do I file a claim with my insurance company?
First, gather information, including the contact info, license plate number and insurance info from any other drivers involved in the accident. Also, take photos of the scene and any damage. Then contact your insurance company. You could do this by calling or submitting a form through the website or mobile app. See our guide on how to file an auto insurance claim.
Will a claim affect my insurance rates?
If you are deemed not responsible for the accident, how much you pay for insurance likely won’t change. If you are at fault, your insurance bill will probably go up. Car insurance rates go up about 50% on average if you cause a crash.
Sources
Sources include web pages from states’ departments of transportation, departments of motor vehicles, departments of public safety, departments of finance and administration, legislative information systems, police departments and state bar associations.
About the Author
Former Senior Writer
Jenn Jones is a former Senior Writer at LendingTree where she covered auto, home, renters and motorcycle insurance topics.
Previously an editor for USA TODAY Blueprint and a finance manager at World Car dealerships, she has more than a decade of experience in the world of personal finance and a deep interest in sharing knowledge that empowers others. She’s also served as a freelance translator, copy editor, writer and researcher. She graduated from the University of Virginia with a B.S. in commerce and a B.A. in Chinese language and literature.
How insurance helped Jenn
Jenn first came to appreciate pet insurance when annual checkups for her cat and dog totaled more than $700.
Expertise
- Auto insurance
- Renters insurance
- Condo insurance
- Home insurance
Referenced by
- USA TODAY
- MSN
- F&I Magazine
- Automotive News
Education
- BS, Commerce, University of Virginia
- BA, Chinese Language and Literature, University of Virginia
Editorial Note: The content of this article is based on the author's opinions and recommendations alone. It has not been previewed, commissioned or otherwise endorsed by any of our network partners.
