If you or somebody you care about has been involved in a vehicle accident, your best bet is to seek medical treatment immediately. However, there are various reasons why individuals may put off prompt medical treatment, particularly if there are no signs or symptoms of injuries right after the incident occurs. Here, we want to discuss how long after a car accident occurs that you have to file an injury claim. We will examine insurance deadlines as well as the general personal injury statute of limitations in Pennsylvania.
Reporting a Car Accident Injury to the Insurance Carrier
The number one priority after a crash occurs in Pennsylvania is receiving medical treatment for any injuries you sustained. However, insurance carriers typically have strict reporting deadlines, often within a day or two after the crash occurs. This means that, yes, you do have to report the crash to your insurance carrier as soon as possible.
It is not reasonable to expect that you will not need further medical treatment beyond this initial reporting, so you need to let the insurance carrier know that you are seeking medical treatment for your injuries and that they will receive more information as the case moves forward. Never tell the insurance carrier that you are not seeking medical care or that your medical treatment is completed until you know the full extent of your injuries, as this could jeopardize your entire claim.
Remember, Pennsylvania is a choice no-fault state when it comes to vehicle accidents. Individuals who choose to use the no-fault system will turn to their own insurance carrier for coverage of their medical bills and property damage expenses. Those who choose to use the full-tort system will proceed forward with a fault-based claim where the at-fault driver’s insurance carrier will be responsible for these expenses.
The Pennsylvania Car Accident Statute of Limitations
There are various scenarios in which it may be necessary to file a personal injury lawsuit against the at-fault driver. This could occur because the insurance carrier refuses to offer a fair settlement or denies the claim altogether. We do need to point out that if you have chosen the no-fault insurance system, it is unlikely that you will be able to file a personal injury lawsuit against the other driver. There are certain scenarios where an individual can step outside of the no-fault system based on thresholds surrounding the severity of the injuries.
However, you need to be aware of the Pennsylvania personal injury statute of limitations, which is two years after a crash occurs. Any Pennsylvania car accident victim who fails to file a personal injury lawsuit against the at-fault driver within this two-year timeframe will lose the ability to recover compensation for their losses.
Working With an Attorney for Help
If you or somebody you love has been injured due to the careless from negligent actions of another driver, you need to reach out to an attorney as soon as possible. A skilled Pennsylvania car accident lawyer can examine the facts of your case and work diligently to uncover the evidence needed to prove liability. Additionally, a lawyer will make sure that your claim is filed on time, both with the insurance carrier and through the civil court system, if a lawsuit becomes necessary.