How Long After Car Accident Can You Claim Injury?

Don't Wait: Why Delaying Your Injury Claim Can Destroy Your Case

One of the most common questions I get is 'how long after a car accident can I claim an injury?' The technical answer in Illinois is that you have two years from the date of the accident to file a lawsuit under the statute of limitations (735 ILCS 5/13-202). But if you hear that and think 'great, I've got two years,' you're making a dangerous mistake.

Here's why. The insurance company starts building their defense the moment the accident happens. If you wait weeks or months to see a doctor, they'll argue that you must not have been that hurt. If there's a gap in your treatment — say you go to the ER, then don't see anyone for three months — the adjuster will point to that gap and claim your injuries either resolved or were caused by something else.

I've seen this play out dozens of times. Someone gets in an accident, feels a little sore, thinks it'll go away on its own. Three months later they can barely get out of bed because that 'little soreness' was actually a herniated disc. By that point, the insurance company has already noted the treatment gap and is going to use it to reduce the value of the claim.

There's also the issue of evidence. Witnesses forget details. Surveillance camera footage gets recorded over. Skid marks fade. The sooner you contact a lawyer, the sooner we can start preserving evidence that supports your case. I've had cases where we were able to obtain traffic camera footage that proved the other driver ran a red light — but only because we requested it within the first few weeks before it was automatically deleted.

My advice? See a doctor within 24 to 48 hours of the accident, even if you feel okay. Tell the doctor about every symptom, no matter how minor. And call a lawyer sooner rather than later. The consultation is free, and the earlier we get involved, the stronger your case will be. You can reach us at 312-500-4500.

Things You Should Do Before Filing an Injury Claim

Filing a claim and reporting your car accident are two very different things. Your insurance company will most likely require you to report any car incidents within 30 days of it happening, but you don’t have to file a claim within this period. 

Most insurance companies will also require you to file a police report within 24 hours of the accident, especially if you have major injuries. There is a high chance that a car accident that involves injuries will be reported via 911, either by a witness or one of the drivers. This means that for injury claims, this requirement is, most often, already covered.

What you need to do before filing an injury claim depends entirely on your insurance company and your state. However, these are some of the most important things you should do. 

1. At the scene of the accident, if you can, call 911. By doing so, you’ll ensure that anyone needing serious medical help will receive it as soon as possible.  This will also allow the police to investigate the accident and file a police report; which is something your insurance company may require. This is especially true whenever injuries are involved. 
2. If you’re able to, call your insurance company as soon as possible. If not, have someone close to you – like a family member, to do so.
3. Once your insurance company notifies you about your claims adjuster, you should contact them immediately. 
4. Before filing a claim, make sure you have all the documentation that your insurance company will need. These can include the names, contact numbers, addresses, and insurance information of everyone involved in the accident. Most likely, you won’t be able to gather them all yourself at the accident scene or after. However, this job is for the police to handle so contact them for the information. If you can, take photos of the accident scene for evidence.

When You Should File a Claim for Injuries Depends on Your Insurance Company and Your State

Each state has its unique statute of limitations when it comes to filing a claim for injuries in an accident. For traffic accident injuries, the statute of limitations can range from one year in a few states to around six years in the states of Minnesota and Maine. The statute of limitations for most states is two or three years. However, there are a couple who have a statute of limitations of five years.

This means that in most states, you’ll have at least a year to file an injury claim. While in some states, you’ll have up to five to six years to file a claim. This may seem like you have a lot of time to file a claim, so what’s the hurry? Keep in mind that this statute of limitations is for filing a lawsuit. Your insurance company may have a different limit when it comes to filing a claim on your insurance. 

Most insurance companies will have short limits when it comes to reporting an accident, while many of them will have no limits on filing a claim besides the statute of limitations. Nevertheless, if your insurance company has a limit and you file a claim for injuries after that limit, your insurer may not be obligated to entertain and pay your claim.

Some insurance companies may even have a shorter time limit than your state’s statute of limitations. Your car accident lawyer will help you understand the differences between the two. Additionally, the insurance company of the driver at fault of the accident can also have different limits.

If you plan on filing a notice of claim with the other driver’s insurance company, make sure to state that you’re injured and the other driver is responsible for the accident. Make sure to also say that you are only limited by the statute of limitations of your state for filing an injury claim.

Frequently Asked Questions: 

How long do I have to file a car accident injury claim in Illinois?

Two years from the date of the accident under Illinois's personal injury statute of limitations. This is a hard deadline — miss it and the court will dismiss your case regardless of its merits. There are limited exceptions: for minors, the clock doesn't start until age 18. If the defendant is a government entity, different notice requirements may apply with shorter deadlines. Don't assume you have time to spare — call me at 312-500-4500 for a free evaluation of your specific situation and deadlines.

Can I still make a claim if I didn't notice my injuries right away after the car accident?

Yes — the statute of limitations runs from the date of the accident, not the date you first noticed symptoms. However, the fact that you didn't seek immediate medical care creates challenges. Insurance companies use gaps between the accident and first treatment to argue your injuries weren't caused by the crash. The sooner you see a doctor after any car accident — even if you feel okay — the stronger your claim. If you have delayed symptoms, call me now regardless of how much time has passed.

What is the difference between the insurance claim deadline and the lawsuit filing deadline?

These are different things. The insurance claim — reporting the accident to the at-fault driver's insurer — has no formal legal deadline but should be done promptly. Delays can prejudice the insurer and give them grounds to deny coverage. The lawsuit filing deadline is the two-year statute of limitations. Most cases settle through insurance negotiation without ever filing a lawsuit — but having the lawsuit option requires meeting the two-year deadline. If negotiations fail, I need to file suit before that deadline expires.

Should I wait until I finish medical treatment before claiming my car accident injuries?

Don't wait on the lawsuit deadline, but do wait on settlement until you've reached maximum medical improvement. These are different things. You can have a pending claim and ongoing treatment simultaneously. What you should not do is settle before you know the full extent of your permanent injuries and future medical needs. I file suit to protect the deadline when necessary while continuing to develop the damages case through your treatment. Call 312-500-4500 for guidance on your specific timeline.

Protect Your Rights After a Car Accident

Navigating the aftermath of a car accident can be overwhelming, especially when it comes to filing an injury claim. 

At The Law Office of Scott DeSalvo, we’re here to help you understand your rights and secure the compensation you deserve. 

Our experienced team can guide you through the process and address your concerns. 

Call us today to learn more. 3125004500

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