If you have been injured in an accident, you can file a claim for compensation. However the claim must be filed within time.
Auto Insurance
The law requires that the owners of automobiles must carry auto insurance. In the event of an accident, the auto insurance company will pay for the repairs. The insurance company will also pay compensation to any third party injured in the event of an accident. The third party can claim compensation for bodily injury or damage to property.
Statute of Limitation
Statute of limitation determines the time limit within which you must commence a legal action. If you have a claim for compensation in an auto accident, you must file your claim within the time limit prescribed by the statute of limitation. Once the time limit prescribed by the statute of limitation expires, you loose your right to file a claim for compensation. Statute of limitation is determined by state law.
|
State |
Time limit |
|
Alabama |
2 years |
|
Alaska |
2 years |
|
Arizona |
2 years |
|
Arkansas |
3 years |
|
California |
2 years |
|
Colorado |
2 years |
|
Connecticut |
2 years |
|
Delaware |
2 years |
|
DC |
3 years |
|
Florida |
4 years |
|
Georgia |
2 years |
|
Hawaii |
2 years |
|
Idaho |
2 years |
|
Illinois |
2 years |
|
Indiana |
2 years |
|
Iowa |
2 years |
|
Kansas |
2 years |
|
Kentucky |
1 year |
|
Louisiana |
1 year |
|
Maine |
6 years |
|
Maryland |
3 years |
|
Massachusetts |
3 years |
|
Michigan |
3 years |
|
Minnesota |
2 years |
|
Mississippi |
3 years |
|
Missouri |
5 years |
|
Montana |
3 years |
|
Nebraska |
4 years |
|
Nevada |
2 years |
|
New Hampshire |
3 years |
|
New Jersey |
2 years |
|
New Mexico |
3 years |
|
New York |
3 years |
|
N. Carolina |
3 years |
|
N. Dakota |
6 years; 2 years in wrongful death |
|
Ohio |
2 years |
|
Oklahoma |
2 years |
|
Oregon |
2 years |
|
Pennsylvania |
2 years |
|
Rhode Island |
3 years |
|
S. Carolina |
3 years |
|
S. Dakota |
3 years |
|
Tennessee |
1 year |
|
Texas |
2 years |
|
Utah |
4 years |
|
Vermont |
3 years |
|
Virginia |
2 years |
|
Washington |
3 years |
|
West Virginia |
2 years |
|
Wisconsin |
3 years |
|
Wyoming |
4 years |
Tolling of Statute of Limitation
Under certain circumstances the statute of limitation is tolled. This means that the time period is suspended until some event specified by law takes place. The statute of limitation is generally tolled when the party is under a legal disability such as mental illness preventing the party from filing the claim. In such cases, the statute of limitation will not run during the existence of the legal disability.
Getting Legal Help
If you have been injured in an accident, consult an experienced car accident attorney. If you delay the time limit for filing an accident claim may expire and you will loose your right to seek compensation.
