The days and weeks after a car accident can be chaotic and distressing, especially if you or a loved one experienced serious injuries. Depending on the severity of the injury, you could be dealing with painful and expensive medical procedures and missing work days. These economic and non-economic consequences of a car accident are the “damages” in a car accident claim when the claim includes injury damages as well as property damage to a vehicle.
If the accident was caused by another driver’s negligence, they are responsible for compensating you for your damages—typically through a direct claim against their insurance, but sometimes through a lawsuit in court if the insurance company doesn’t offer an adequate settlement.
Understanding the important time limits and deadlines in an accident claim is crucial for the success of your claim. Contact our Baytown car accident lawyers for a free consultation today.
How Long Do I Have to File a Police Report After a Texas Car Accident?
The first important deadline for a claim is the timeline for reporting your car accident to the police. Failing to promptly report the accident can compromise your claim. If an accident involves any injuries, fatalities, or $1,000 or more in property damage, a car accident victim must call the police to the scene. Typically, the police generate the accident report from the scene; however, it’s best to follow up to ensure the accident report is completed.
Car accidents must be reported to the police within ten days of the accident date. The police report becomes critical evidence in a claim to recover damages like medical expenses, lost wages, and compensation for pain and suffering.
Report Your Car Accident to Your Insurance Company
Even if the accident wasn’t your fault, you still must report the accident to your insurance company. This documents the accident and alerts your insurance company to the fact that the other driver’s insurance company may soon contact them.
It’s also important to alert the insurance company in case the at-fault driver is uninsured or underinsured, or if they fled the scene in a hit-and-run accident. In these cases, your insurance policy may cover your damages if you have the optional uninsured/underinsured motorist coverage in your policy.
Most insurance companies have deadlines for reporting accidents. It’s important to read your contract to know the time limit for reporting the accident; however, alerting your insurance company as soon as possible after the accident is the best way to go. If you need legal assistance, our personal injury lawyers can help you with your car or truck accident claim.
How Long Do I Have to File a Car Accident Claim In Texas?
Like all states, Texas limits the amount of time an accident victim has to file a claim for damages. This time limit falls under the state’s statute of limitations for personal injury claims. Texas has a two-year statute of limitations for filing a personal injury lawsuit in court, which means that insurance companies won’t pay out on a claim if it exceeds the two-year statute of limitations. This time limit helps to ensure evidence remains available and eyewitness testimony is still reliable if the case goes to court.
In some cases, exceptions exist to extend, or toll, the state’s statute of limitations for car accident claims. For instance, underage accident victims have two years from their 18th birthday to file a claim. If an accident victim is incapacitated or unconscious, they have up to two years from the day they recover cognitive ability to file a claim.
Finally, delayed discovery of an injury may allow the clock to begin ticking on the date of the discovery rather than the accident date.
How Can a Baytown, Texas Car Accident Lawyer Help?
Adhering to time limits is just one of many important aspects of a successful Texas car accident claim. An experienced car accident attorney in Baytown, Texas provides legal representation and meticulous attention to detail on all filing requirements.
Call Linebaugh Dority & Associates, LLP so we can investigate your accident, carefully calculate your damages, and ensure that your claim meets all filing dates and deadlines for the best possible outcome.