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When to File Your Accident Claim

How Long Do I Have to File a Claim After a Car Crash?

August 26, 2020

After being in an accident, your first priority should be getting medical treatment for any injuries you sustained. However, while your health is of the utmost importance, it is crucial to know that the clock on your claim starts ticking right when the accident happens.

The time you have to file a car crash claim is governed by the statute of limitations. Each state has different laws on how long you have to pursue a claim. If you miss the deadline in your state, you will almost certainly lose the chance to recover compensation.

If you have been injured in a car crash, please contact the Karl Truman Law Office as soon as possible. We have offices in Louisville, Kentucky (call (502) 222-2222), and Jeffersonville, Indiana (call (812) 282-8500), and we serve clients in both states.

How Long Do I Have to File a Car Accident Claim in Kentucky?

In Kentucky, the window to file a claim against a careless driver for the injuries you sustain in a car accident is very brief. As with most personal injury claims in Kentucky, the statute of limitations is only 1 year.

This statute applies to third-party claims filed against the at-fault driver. Under Kentucky’s no-fault law, you first have to file a claim with your own insurance provider (a first-party claim). You will only be able to file a third-party claim against the other driver if you sustain certain injuries or incur at least $1,000 in medical costs.

You are generally required to report an accident to your insurance company as soon as possible. Check your insurance policy to see how soon you need to report the crash and initiate the claims process.

How Long Do I Have to File a Car Accident Claim in Indiana?

In Indiana, the statute of limitations on accident and injury claims is 2 years. Although this may seem like a significant amount of time, it is important to contact a lawyer promptly to ensure you have sufficient time to build your claim.

Unlike Kentucky, Indiana does not have no-fault rules. You can pursue a claim against the at-fault driver for the damages you suffer in the crash. Nonetheless, you should still check your car insurance policy so you know how soon you must report the accident to your insurance company.

Start Building Your Car Crash Claim

Given the time limits injury victims face in Kentucky and Indiana, it is in your best interest to start building your accident claim immediately. Steps you can take right away include:

1. Exchange Information with the Other Driver

Even if you handle the claim entirely through your own insurance, you need the name, contact information, and insurance information for all parties involved in the accident. Having this information is crucial If you pursue a claim against the at-fault driver.

2. Document the Scene

Take photos and/or make notes of the damage to the vehicles, your injuries, the road where the accident occurred, and other details. Any information and evidence you can share with your lawyer will help him or her investigate the accident and build your case.

3. Speak to Witnesses

If you file a claim against the at-fault driver, you and your attorney must be able to prove that the driver’s negligence resulted in your accident injuries. Witnesses may have seen the other driver behaving recklessly (such as speeding, following your vehicle too closely, etc.), and their testimony may help corroborate your claim.

4. Call the Police

The law in both Kentucky and Indiana requires you to report an accident to the police if the crash results in injury or death. The officer who arrives on the scene will investigate the crash and take statements from you and the other driver. Your lawyer will request a copy of the police report, as it contains information that may be crucial for building your claim.

5. Seek Treatment for Your Injuries

If you are injured in a car crash, getting prompt medical care is crucial. Not only do serious injuries require urgent attention, but you may face difficulties recovering the compensation you deserve if you delay diagnosis and treatment.

Depending on your injuries, you may be taken from the scene directly to the hospital. Although this will make it impossible to complete the steps above, your lawyer can investigate the accident and build a claim on your behalf while you focus on recovering.

Contact Our Car Crash Lawyers Today

The Karl Truman Law Office has extensive experience helping clients who have been injured in car accidents. If you or someone you love has been hurt in a crash, you can count on our team to pursue the compensation and peace of mind you deserve.

Please contact us in Kentucky or Indiana for a free case evaluation. Call (502) 222-2222 for service in or around Louisville, KY, or (812) 282-8500 for service in or around Jeffersonville, IN.