If you happen to get into a car accident, you will likely want to file a claim right away. But, how long after the accident can you wait to file a claim? What could happen if you wait too long?
New Jersey requires you to file an accident report within 10 days of the accident. If you wish to file a lawsuit, you have up to two years for an injury claim and six years for a property damage claim.
Use this guide to understand the specifics about filing an insurance claim or lawsuit in New Jersey, plus learn the steps you will need to take to file a claim.
How long after an accident can you file a claim or lawsuit?
File a claim or lawsuit immediately after an accident. The sooner you file a claim, the better. The longer you wait, the higher the chances are that the insurance company will investigate and potentially deny your claim. Waiting without a legitimate reason can raise doubt for the insurance company, which increases your chances for the claim to be denied.
How long do you have to file an insurance claim?
Insurance companies have their own claim filing deadlines, which are usually within 24 hours of the accident but can be 30 days or more. Read your insurance policy or ask your agent to find your carrier’s claims filing deadline.
While most accident claims are complete once you file your claim with your insurance company, you may want to speak with an attorney if you can’t come to an agreement with the insurance company on fair compensation.
Car insurance claim deadlines vs. lawsuit deadlines
Car insurance claim deadlines are usually much shorter than lawsuit deadlines. For instance, in New Jersey, you have 10 days from the date of the accident to file an accident report. The only time you don’t have to file an accident report is if property damage is less than $500 and there are no injuries.
You could face up to $100 in fines, plus court costs and license or vehicle registration suspension for failure to file an accident report.
How long you have to file a lawsuit depends on your state and the type of claim you’re filing. The state’s statute of limitations is the longest amount of time you have to file a lawsuit. Since a car insurance claim is a civil case, you should follow New Jersey’s civil court case statute of limitations timeline.
If you wait until the statute of limitations has expired, the case will be “time-barred” and unable to move forward.
Statute of limitations on car insurance claims by state
Each state has its own statute of limitations to file a lawsuit for car insurance claims. A statute of limitations is a law that prescribes the maximum amount of time that can pass between when the accident happens and when you file for legal proceedings. The time can differ depending on whether you’re filing a claim for injuries or property damage.
In New Jersey, you have two years to file an injury claim and six years to file a claim for property damage.
The table below shows the statute of limitations on car insurance claims by state:
| State | Injury Claims Statute of Limitations | Property Damage Claims Statute of Limitations |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 3 years |
| Colorado | 3 years | 3 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| Washington, D.C. | 3 years | 3 years |
| Florida | 4 years | 4 years |
| Georgia | 2 years | 4 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 3 years |
| Illinois | 2 years | 5 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 5 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 2 years |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 6 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 2 years | 6 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 5 years |
| Montana | 3 years | 2 years |
| Nebraska | 4 years | 4 years |
| Nevada | 2 years | 3 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 6 years |
| New Mexico | 3 years | 4 years |
| New York | 3 years | 3 years |
| North Carolina | 3 years | 3 years |
| North Dakota | 6 years (2 years if wrongful death) | 6 years |
| Ohio | 2 years | 4 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 6 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 10 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 6 years |
| Tennessee | 1 year | 3 years |
| Texas | 2 years | 2 years |
| Utah | 4 years | 3 years |
| Vermont | 3 years | 3 years |
| Virginia | 2 years | 5 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 6 years |
| Wyoming | 4 years | 4 years |
When you shouldn’t file an auto insurance claim after an accident
In most cases, it’s necessary to file an auto insurance claim after an accident. But in some instances, it’s not necessary. These are some examples:
- Lack of coverage. If a weather event damages your car or you hit an animal and don’t have comprehensive coverage, you can’t make a claim against your insurance policy. The same goes for an instance when you would collide with an object and you don’t have collision insurance—unless you cause property damage, in which case you would file a claim.
- Minor accidents. If an accident is minor and doesn’t cause injuries or property damage to others, you may not need to report it. In New Jersey, you’re required to report an accident if there is over $500 worth of property damage or any injuries.
- You have a high deductible. If you have a single car accident and don’t cause property damage, you can still file a claim under collision insurance to pay for the repairs. But if you have a high deductible and the damage isn’t expensive, it may be worth paying out-of-pocket to avoid a potential increase in your rates.
How to file your insurance claim after an accident
After an accident, you’ll need to make sure you have everything ready to file your insurance claim. Taking pictures and exchanging information with the other driver is an important step at the scene of the accident. If the police are called, make sure to get the police report number so that you can provide it to the insurance company.
Take these steps to file your insurance claim after an accident:
- Contact the insurance company as soon as possible. Whether it’s online, using the mobile app, over the phone or in person, file the claim as soon as you can. Details will be fresh so you can provide a clear picture regarding what happened, including weather conditions, photos, and other pertinent information.
- Review your policy coverages and deductibles. Knowing your coverage information will help you set realistic expectations, especially out-of-pocket costs, such as deductibles. Check to see if you have coverage that can help, such as roadside assistance, rental car reimbursement, and gap insurance if you have a loan on your car.
- Work with the insurance adjuster. Once you file the claim, the insurance company assigns an adjuster to your case. They will contact you to verify your claim, schedule a vehicle inspection, assess the damage and take the necessary steps to pay for your injury coverage and car damages, depending on your policy.
- Get your car fixed. Although most insurance companies have repair shops they recommend, you can work with any repair shop. The insurance company will pay their portion directly to the repair shop and you’ll pay the deductible to the repair shop. For total loss claims, the insurer will cut you and/or the lender a check for the car’s value, minus the deductible.
