When you get into a car accident, it’s common to become frantic and unsure of what to do. Whether you are dealing with small or big injuries and damages to your vehicle, it can be an overwhelming experience to try and figure out what needs to be done. A Philadelphia car accident lawyer can ensure you go about the process properly, and with Spear Greenfield’s no-win, no-win guarantee, you won’t have to pay us anything if your case isn’t a success.
One of the first things you should do is submit a claim. You shouldn’t be left to pay for your injuries that you didn’t cause. However, you have limited time to submit claims like this, so knowing what to do is important.
How the Auto Insurance Claims Process Works
After a car accident, the first step is to report the incident to your insurance company. This should be done as soon as possible, ideally within 24 hours of the accident. Your insurer will assign a claims adjuster to your case, who will investigate the accident and determine fault.
The claims adjuster will request documentation such as a police report, witness statements, medical records, and repair estimates. They may also contact the other driver’s insurance company to discuss the claim. Based on their findings, the adjuster will make a settlement offer to cover your damages.
If you believe the settlement offer is fair, you can accept it and sign a release form. However, if you feel the offer is inadequate or have ongoing medical issues related to the accident, you may need to negotiate further or consider legal action. It’s important to remember that once you accept a settlement offer, you typically cannot pursue additional compensation later, so it’s crucial to ensure that the offer adequately covers all of your damages and expenses.
How Much Time You Have to File a Claim
The statute of limitations for filing a car accident injury claim varies by state. In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit, according to the Pennsylvania State Legislature. This means that if you’ve been injured in a car accident, you have two years from the date of the accident to file a claim against the at-fault party.
It’s important to note that this two-year deadline applies to personal injury claims, which include claims for medical expenses, lost wages, and pain and suffering. If you’re only seeking compensation for property damage to your vehicle, you have a slightly longer timeframe of three years from the date of the accident to file a claim. However, it’s generally best to file both personal injury and property damage claims together to streamline the process.
While two years may seem like a long time, it’s crucial to start the claims process as soon as possible after the accident. The longer you wait, the more challenging it can be to gather evidence and build a strong case. Witnesses’ memories can fade over time, and physical evidence from the accident scene may be lost or destroyed. Additionally, waiting too long to seek medical attention can make it more difficult to prove that your injuries were caused by the accident.
The Consequences of Not Filing on Time
If you miss the deadline, you may lose your right to seek compensation for your injuries and damages. This can have serious financial consequences, especially if you have significant medical bills or have missed work due to your injuries. Some of the potential ramifications of not filing on time include:
- Forfeiture of your right to sue the at-fault party
- Inability to recover compensation for medical expenses, lost wages, and pain and suffering
- Responsibility for paying your own accident-related bills
In rare cases, a court may grant an exception to the statute of limitations if extenuating circumstances exist. However, this is not common, and it’s best not to rely on this possibility. The safest approach is to file your claim as soon as possible to avoid any potential issues.
How Long After a Car Accident Injuries Can Appear
Some car accident injuries, such as cuts, bruises, and broken bones, are immediately apparent. However, other injuries may not show symptoms until days or weeks after the accident. This is particularly true for soft tissue injuries like whiplash, which can cause delayed pain and stiffness.
Concussions and traumatic brain injuries (TBI) are also notorious for having delayed symptoms. After a car accident, you may feel fine initially, only to experience headaches, dizziness, memory problems, and mood changes later on. It’s important to seek medical attention and consult with a traumatic brain injury lawyer after an accident, even if you don’t think you’ve been injured.
If you begin to experience symptoms in the days or weeks following the accident, document them and seek additional medical care as needed. Keep track of all your medical appointments, treatments, and expenses. This information will be important for your injury claim.
The Importance of a Police Report for Your Claim
One of the most critical pieces of evidence in a car accident claim is the police report. After an accident, always call the police to the scene, even if the damage seems minor. The responding officer will create an official report detailing the circumstances of the accident, including any citations issued and witness statements.
This report can be invaluable when filing your insurance claim or pursuing legal action. It provides an unbiased, third-party account of what happened and can help establish fault. Without a police report, proving your case may be more difficult, especially if the other driver disputes your version of events.
Be sure to obtain a copy of the police report for your records. You can typically request a copy from the responding police department for a small fee. Your insurance company and attorney will also likely want a copy of the report to assist with your claim.
Let Rand Spear the Accident Lawyer Help You Take Action
Dealing with the emotions and legalities after a car accident can be challenging, but understanding your rights and the claims process can help you navigate it more effectively. Remember, you have a limited time to file an injury claim, so acting quickly is essential. Seek medical attention, gather evidence, and consult with a Philadelphia car accident attorney to protect your interests.
By following these steps and being proactive, you can improve your chances of receiving the compensation you deserve for your injuries and damages. Don’t let the statute of limitations expire on your claim. Contact us for a free consultation to get started today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
