How Long Do You Have To Claim After an Auto Accident?

How Long Do You Have To Claim After an Auto Accident?

In the moments following a car crash, most drivers feel shaken up. Nevertheless, as Corradino & Papa explains, they need to act swiftly regarding claiming, making police reports, and potentially filing a lawsuit. How much time you have to file a lawsuit and make a claim varies state by state, making it essential to familiarize yourself with the laws in your area.

No matter what your insurance company tells you, each state sets out the regulations concerning how long you have to make a claim. Keeping in line with your insurer’s rules can help you avoid pushbacks and potentially losing out on compensation, but it’s your state that sets the statute of limitations regarding how much time you have to claim compensation for a road accident.

As suggested by Corradino & Papa, a Clifton-headquartered personal injury law firm, you should claim for your road accident as soon as possible. If you delay the process, insurers may try to limit your compensation by saying that they were unable to determine how much damage was caused by accident and how much the cost was exacerbated based on the length of time over which it was neglected.

Claiming in New Jersey

In New Jersey, the statute of limitations on injury insurance claims and property damage are as follows:

  • Property damage – two to four years
  • Injury claims – two to four years

As Corradino & Papa explains, New Jersey has a famously congested court system because it is classed as a ‘no-fault’ state. That means there are threshold requirements that an individual must meet before he or she can sue another driver. In New Jersey, the threshold can be removed in exchange for a higher premium or the claimant can accept the limit and pay a lower rate.

Making a Claim

Auto accidents are highly stressful ordeals. Often, people don’t notice injuries and damage in the immediate aftermath of the event. As Corradino & Papa explains, you can take pictures of your vehicle, any other cars involved, any injuries if applicable, and the scene of the crash within the first moments of the accident. These will be useful if you intend to claim or file a lawsuit.

You should pay attention to these documents immediately post-crash:

  • Police reports – you should always file a police report and note the report number. If you fail to do so, it could end up being your word against a third party’s if you need to claim.
  • Insurance details – Make sure you obtain the other driver’s insurance details and contact details and record his or her license plate number.
  • Medical documents – If you need to visit the emergency room or a doctor, keep track of the paperwork because you’ll need it to file for a personal injury claim.

Other Considerations

Even though your insurer may set their own timeframes regarding how much time you have to make a claim following an accident, the outcome may come down to your state’s statute of limitations. Even if you fail to claim within your insurer’s timeframe, you might still be able to file a lawsuit. If you need assistance, call the professionals at Corradino & Papa.

Call Us 973.574.1200

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JACK V. CORRADINO, ROBERT C. PAPA, JR., JOSEPH A. DEFURIA, TIMOTHY J. FONSECA, AND FRANCIS J. SWEENEY III ARE ALL CERTIFIED BY THE SUPREME COURT AS CIVIL TRIAL ATTORNEYS. Corradino & Papa, LLC is located in Clifton, NJ and serves clients in and around Newark, Irvington, Harrison, East Orange, Orange, Belleville, Hillside, Maplewood, South Orange, Kearny, West Orange, Elizabeth, Glen Ridge, Bloomfield, North Arlington, Vauxhall, Union, Montclair, Millburn, Lyndhurst, Nutley, Bergen County, Essex County, Hudson County and Union County. See All Locations Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The hiring of an attorney is an important decision. The information you obtain in this website is not, nor is it intended to be legal advice. You should contact an attorney for individual advice regarding your situation. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertising has been approved by the supreme court. Here are the criteria for the various awards we’ve won: Disclaimer : Results may vary depending on your particular facts and legal circumstances.

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