How Long After an Accident Can You File a Claim?

Milvionne Chery Copeland, WalletHub WriterMay 10, 2024

Milvionne Chery Copeland, WalletHub Writer
May 10, 2024

You typically have two to three years to file a claim after a covered incident, though the amount of time varies by state and the type of claim. Each state has its own statute of limitations for filing a claim in court, and deadlines can be different for personal injury and property damage claims. Overall, state time limits range from one to 10 years.

Table of Contents

Car Accident Insurance Claim Time Limit by State

Below, you can view the breakdown of how long you have to file a claim in each state. The time limit may vary for bodily injury claims and property damage claims.

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	4 years	4 years
Georgia	2 years	4 years
Hawaii	2 years	2 years
Idaho	2 years	2 years
Illinois	2 years	5 years
Indiana	2 years	2 years
Iowa	2 years	5 years
Kansas	2 years	2 years
Kentucky	2 years	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	2 years	2 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	3 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
Washington, D.C.	3 years	3 years

Why Is There a Time Limit on Car Insurance Claims?

Time limits for filing claims ensure that accidents can be thoroughly and accurately investigated. After all, evidence degrades and memories become foggy as time goes on. Without proper evidence, it might be hard for insurance companies to verify whether your claim is something they should cover and determine who is liable for the damages.

Plus, time limits ensure that insurance companies can resolve claims in a timely manner and potential liabilities are not looming indefinitely.

When to File an Insurance Claim After a Car Accident

It’s best to file a claim soon after the accident so the insurer can start investigating the claim and you can receive your settlement as soon as possible. But even if you wait, you can still file the claim and get it approved as long as your delay doesn’t prevent the insurer from investigating properly.

Most policies do not specify a particular deadline to file, only that you need to file “promptly”. You need to balance that obligation with the valid reasons that exist for being patient.

Reasons to Delay Filing Car Insurance Claims

Injuries need assessment. It may take weeks for the symptoms of certain injuries to show. You may also want to wait for a particular doctor or seek a second opinion.

Property damage may cause serious issues. Property damage is usually easier to see, but you may not find out about major problems with the alignment, suspension, or exhaust system until your car is in the shop being repaired.

Claim needs to be complete. Since most insurers won’t allow you to file the same type of claim twice for a single accident, it might be better to delay filing to make sure you include all the costs associated with the accident that you want the insurer to cover.

To learn more, check out WalletHub’s complete guide to car insurance claims.

Reporting an Accident vs. Filing a Claim

Reporting an accident merely involves notifying your insurance company about the incident, while filing a claim is when you officially request that your insurance company pay for medical expenses or pay to repair or replace your vehicle after the accident.

Your policy probably states that you should report an accident or possible claim right away, but you do not have to file the insurance claim at the same time. After “promptly” reporting, you’ll have some time to file the official claim. Check your policy or contact your insurer directly for exact deadlines.

To learn more, check out WalletHub’s explanation of when to report car accidents.

How Long Does It Take for an Insurance Claim to Be Approved?

It usually takes 15-45 business days for an insurance claim to be approved or denied after you submit all the necessary information to the insurer. However, the complete claims process – from when you notify the insurance company of the claim to when you receive payment – is typically longer, ranging from about a month to 85+ days, depending on your state and whether the insurer asks for an extension.

Some states’ laws list a specific number of days as a deadline for insurers to make a decision about a claim, while other states only require the claim to be settled in a “prompt and reasonable” amount of time.

Car Insurance Claim Decision Time Limit by State

State	Standard Time Limit	Extended Time Limit
California	40 days	Extended every 30 days if the insurer provides written notice that states what additional information is needed to make a decision
Texas	15 business days	Up to 45 days if the insurer notifies you and gives a reason for the delay
Florida	“Within a reasonable time” after proof is submitted	N/A
New York	15 business days	Extended every 90 days if the insurer provides a reason for the delay
Pennsylvania	15 business days	Extended 30 days from the initial notification and every 45 days afterward if the insurer provides a reason for the delay and an expected due date for the decision

Note: The time companies have to make a decision about your claim starts when you submit the requested information supporting the claim.

To learn more, check out WalletHub’s overview of how long it takes to settle claims in each state.

Can You Cancel a Car Insurance Claim?

You can cancel a car insurance claim as long as you have not cashed or deposited the settlement check. The steps needed to cancel an insurance claim may vary by company, so you will need to call your insurance company and ask the representative for the proper steps to take to ensure the insurance claim is canceled.

There are a few reasons why someone would want to cancel an insurance claim. For example, if you realize the cost to repair the damage to your car is lower than your deductible or if you want to avoid premium increases, you can call your insurance company and cancel the claim.

Learn more about reasons to cancel insurance claims.

Car Accident Insurance Claim Time Limit FAQ(11 questions)

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Upvote

What is The General's claim time limit?

Candace Baker, Car Insurance Writer

The General does not have a set time limit for filing claims and will consider a claim even if it is filed months or years after the incident occurred. However, The General is more likely to deny a claim if the delay was unreasonable or if it compromised their ability to investigate.

The General likely requires you to report an accident “promptly” or “as soon as possible”. But even though you have to immediately report the accident, that does not mean you have to immediately file a claim. In fact, you can wait 1-10 years to file a claim, depending on your state's laws and the type of claim you need to file.

It's important to keep in mind that the longer you wait to file a claim, the more difficult it will be for your insurance company to investigate and approve it. Filing a claim as soon as possible helps to ensure that everyone remembers the details of the accident and the evidence is still intact, so your claim is less likely to be challenged.

The General allows you to file a claim online, over the phone, or through the mobile app. If you have any questions, you can call customer service at 1-800-280-1466.

Upvotes

When shouldn't you file an auto insurance claim?

Anamarie Waite, Car Insurance Writer

You should not file an auto insurance claim if only your own vehicle is damaged, there are no injuries, and the property damage is minimal. A claim might make it cheaper to pay for a single incident, but it will likely raise your future premiums, which could end up costing you more money in the long run.

When Not to File an Insurance Claim

After a minor single-car accident, when there's little...

Upvotes

Should I file a claim with my auto insurance or theirs?

Anamarie Waite, Car Insurance Writer

You should file a claim with the other driver's auto insurance company if you are not at fault for the accident and you have standard liability insurance but no collision coverage. Liability insurance pays for injuries and damage that a driver might cause to other people and property if at fault for a car accident. That means your liability insurance won't be involved if you are not at fault. The other driver's liability policy would...

Upvotes

Does filing a claim increase car insurance rates?

Anamarie Waite, Car Insurance Writer

Yes, filing a claim increases car insurance rates. On average, car insurance goes up by about 50% after an accident. A claim can affect your insurance premium for three to five years in almost all cases. How much your rate goes up depends on several factors, like the claim type and amount, your insurance company, your claims history, your location, and whether or not you have accident forgiveness.

The most significant factors affecting how...

Upvotes

After a car accident, can I file an insurance claim with no police report?

Anamarie Waite, Car Insurance Writer

Yes, you can file an insurance claim with no police report after a car accident. Having a police report is helpful and can simplify the claims process, but it's not required to file or authorize a claim. Whether or not you are legally required to file a police report depends on your state's laws, however.

In most states, you are required by law to file a police report if anyone is injured. You may...

Upvotes

How long does it take for insurance to pay out for a car accident?

WalletHub

It usually takes 30 days for insurance to pay out for a car accident. Most car insurance companies try to resolve accident claims as quickly as possible, which typically leads to a payout within a month of a claim being filed. However, it might take longer depending on several factors, including the state, the type of claim being filed, and the severity of damage or injuries.

Some states have specific laws dictating how long...

Upvotes

How long do you have to report a car accident to your insurance?

WalletHub

Drivers usually have 30 days to report a car accident to their insurance provider. Policies don't always give a specific timeframe, though, and could simply state that a driver needs to report the accident “promptly.”

You should almost always report accidents to your insurance as soon as possible, since waiting too long could jeopardize a future claim or cause an at-fault driver to lose certain protections. There are certain situations where it might not...

Upvotes

Should I call my insurance company after a minor accident?

Anamarie Waite, Car Insurance Writer

Yes, you should call your insurance company after a minor accident. You should contact your insurer every time you're in an accident involving another driver, but it's even more important to call promptly if the accident resulted in property damage or injuries. The only time it might be worth skipping a call to your car insurance company is if you only damaged your own car, there are no injuries, and property damage is minimal. However,...

Upvotes

How do I get a car accident insurance claim settlement?

WalletHub

To get a car accident insurance claim settlement, a driver needs to negotiate with either their own insurance company or the other driver's insurance company. The car insurance company that will pay the settlement amount depends on who was at fault in the accident, the state, and the type of claim being filed.

A car accident insurance claim settlement is the payment that the at-fault driver's insurance company makes to the other driver after...

Upvotes

How much will I get from a car accident settlement?

Lilah Butler, Car Insurance Writer

The amount you can get for a car accident settlement from your insurance company can vary, depending on the damages incurred, the costs of repair and whether there are medical bills to take into consideration. It's worth noting that you won't be able to get more than the at fault party's insurance policy limits. For example, for limits of 25/50/25 on liability insurance, you can get at most $25,000 for body injury per person ($50,000 per...

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