How Long After a Car Accident Can You File a Claim?

Car insurance claim time limits are set by each state government, so the rules vary depending on where you live. Read this guide on car insurance claim time limits to learn more.
Written by Jason Tushinski
Reviewed by Kathleen Flear
The time limit for filing a claim for car insurance varies by state, with a range of between a year to as long as a decade. Time limits can also vary by jurisdiction within states for different types of claims, such as
comprehensive
or
injury damage
claims.
Hopefully, you’ll never need to file a car insurance claim and are destined for a life of safe, accident-free driving. But even still, you need
car insurance
to protect you just in case you’re involved in a collision and need to file a claim.
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Of course, if you ever do have to file a claim, Jerry is there for you. Here’s what you need to know about car insurance claim time limits.
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How long to wait before filing a lawsuit or a claim

If you’re set on filing a claim, you must do so within your state’s statute of limitations, or the time allotted to
file a claim
. Every state has different rules, so it is best to ask your insurer what the time limits are in the state where you live.
Keep in mind, your insurer may tell you to file your claim as soon as possible—but this is not a hard and fast rule.
Sometimes, injuries or damage take weeks, months, or sometimes years to reveal themselves. So long as you file within your state’s allotted time limits, you should be able to proceed with your claim.
Key Takeaway Statutes of limitations vary between states, so check with your insurer about the time limits for filing a claim in your state.

Filing a claim may be harder if you wait too long

Insurers may raise a suspicious eyebrow about claims filed long after an accident, even if injuries or damage to your car took time to appear.
If you file a claim well after an accident took place but still within your state’s statute of limitations, be prepared to answer some questions about why you’re filing at that particular moment in time. If your insurer doubts the veracity of your story, they’ll likely deny your claim—waiting too long to file is one of the most common reasons claims get denied.

Car insurance claim time limits

If you’re filing a bodily injury claim, there is typically a time limit to abide by. That being said, there may be different time limits if you're filing a claim for:
  • Property damage to another car
  • Collision damage for your car
  • Comprehensive damage (from vandalism, theft, or weather) to your car
Here’s a breakdown of those insurance claim time limits for each state:
State
Bodily Injury
Property/Collision/Comprehensive Damage
Alabama
2 years
2 years
Alaska
2 years
2 years
Arizona
2 years
2 years
Arkansas
3 years
3 years
California
2 years
2 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
1 year
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
1 year
1 year
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
Washington D.C.
3 years
3 years
West Virginia
2 years
2 years
Wisconsin
3 years
3 years
Wyoming
4 years
4 years
Keep in mind, you’ll have to file a claim under your
collision
or
personal injury protection (PIP)
policy before filing a claim against an at-fault driver within a
no-fault state
.
If you end up suffering long-term or prolonged injuries and your treatment costs are more than your policy provides coverage for, you can then pursue the at-fault driver—even in a no-fault state.
Key Takeaway Waiting to file a claim can make things more complicated and you may have to answer some questions from your insurance company.

How long should you wait before reporting an accident to the police?

How much time you’ve got to report a collision to the police varies on a state-to-state basis. Most states make it mandatory to report any accident in which there is bodily injury involved or there is property damage assessed upwards of $2,000.
Still, it's a good rule of thumb to report any accident as soon as possible to the police. This is because insurers use police reports as evidence in assessing who is at fault in an accident.
The following list offers time restrictions for each state when it comes to reporting an accident to the police. If your state requires immediate reporting, that typically means you’ll be calling from the collision scene.
State
Time Limit
Alabama
30 days
Alaska
10 days
Arizona
Immediately
Arkansas
30 days for filing motor vehicle accident report, 90 days for providing your proof of insurance
California
10 days
Colorado
Immediately
Connecticut
Immediately
Delaware
Immediately
Florida
10 days
Georgia
Immediately
Hawaii
Immediately
Idaho
Immediately
Illinois
10 days
Indiana
Immediately
Iowa
Immediately
Kansas
Immediately
Kentucky
10 days
Louisiana
Immediately
Maine
Immediately
Maryland
15 days
Massachusetts
5 days
Michigan
Immediately
Minnesota
10 days
Mississippi
Immediately
Missouri
30 days
Montana
Immediately
Nebraska
10 days
Nevada
Immediately
New Hampshire
15 days
New Jersey
Immediately
New Mexico
Immediately
New York
5 days
North Carolina
Immediately
North Dakota
Immediately
Ohio
6 months
Oklahoma
Immediately
Oregon
3 days
Pennsylvania
5 days
Rhode Island
21 days
South Carolina
15 days
South Dakota
Immediately
Tennessee
20 days
Texas
10 days
Utah
Immediately
Vermont
5 days
Virginia
Immediately
Washington
4 days
West Virginia
5 days
Wisconsin
Immediately
Wyoming
10 days

Car insurance with Jerry

Ideally, filing a car insurance claim is something other people do—not you! But in the event you do need to file a claim, you’ll want to make sure you have an excellent
car insurance
policy backing you up.
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Frequently asked questions

Is there a time limit to claim on car insurance?

Yes, there are different time limits—or statutes of limitations—in every state. The time limits often vary depending on whether you’re filing a claim for bodily injury versus a collision, comprehensive, or property damage claim.
The time limits for each state are listed in the table above for your reference.

How long does an auto insurance company have to settle a claim?

Most states require that claims be settled between 30 and 45 days, but certain types of claims may take longer to settle. For example, a personal injury claim with significant medical bills will usually take longer to settle than a minor property damage claim.
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