Filing A Claim After Being Injured in a Car Accident: What is the Statute of Limitations?

The period after a car accident can seem like a whirlwind — police reports, witness statements, vehicle repair, and the physical pain on top of it all. There is so much to think about, but you can barely think straight due to your injuries.

Your car insurance exists to protect you in cases like this, but let’s face it: Insurance companies don’t like to pay.

If you have been in a car accident you need all of the help you can get to recover fully. Let’s walk through some of the steps you need to promptly take to ensure you can get the maximum compensation to help you put your car, your health, and your life back together.

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How Long After a Car Accident Can I Claim Injury?

There are two separate filings you will need to complete after a car accident:

  • Report your accident to your insurance company. This formally notifies them about your accident. Prompt filing of the accident report ensures an accurate record, helping prevent future disputes.
  • File a claim with your insurance company. This is where you request compensation for damages, injuries, or losses that were a direct result of the accident. 
 

There are limits to how long you have after an accident to make the initial report and file a claim. Ideally, you should file an initial accident report within 24-48 hours, even if you don’t plan to file the actual claim right away.

Your insurance company may have a policy regarding the maximum amount of time you have to file a report. Additionally, your state will have legal time limits. Being aware of these guidelines and limits will help you have the best chance to receive fair compensation.

How long after an accident can you claim injury

What Is the Statute of Limitations for Filing a Claim for Bodily Injury After a Car Accident in Oregon?

Each state has its particular laws regarding the maximum time limit between a car accident and the filing of a bodily injury claim. In the state of Oregon, this limit is 2 years. 

After a car accident, it may take some time for the full extent of your injuries to be apparent. For example, whiplash symptoms might not show for days or even weeks after the initial injury. For this reason, filing an injury claim right away isn’t always the best path.

It is still recommended to see a medical professional ASAP after the accident. Contact a car accident chiropractor in Portland so they can examine you for injuries — they can worsen over time if left untreated.

Why Is It Important To Be Medically Evaluated As Soon As Possible After a Car Accident?

A medical evaluation documents your initial injuries and helps you to understand potential symptoms that are yet to develop.

Sometimes the natural release of adrenaline associated with an accident can mask pain initially. Also, depending on your age and physical condition, you may have an onset of symptoms from your injury with significant delay.

Immediate evaluation puts you in the best position to be comprehensively treated for your injuries.

A professional medical evaluation also serves to start a “paper trail” which can be very beneficial when it does come time to file a claim. Contact Premier Care Chiropractic to get evaluated and have your injuries properly documented.

3 Reasons You Shouldn’t Wait Too Long After a Car Accident To Claim Bodily Injury

It May Become Harder To Prove Fault

For you to have a successful claim there must be a clear causality between your injuries and the car accident. If you delay your injury claim too long, it may leave more room for doubt that other causes are involved.

Evidence can deteriorate over time — don’t risk missing out on key evidence by unnecessarily delaying your claim.

For example, if witness testimony is required, it must be rock-solid — and memories can fade over time. Or perhaps skid marks created at the time of the accident would have been helpful to indicate how the collision occurred.

Your Injuries May Worsen

In Oregon, Personal Injury Protection (PIP) insurance provides coverage for medical expenses, lost wages, and other related costs. To receive PIP compensation you must report the accident to your insurance company and file a PIP claim.

If your treatment is waiting on your claim, it’s important to get things squared away with your insurance company ASAP. Untreated injuries may worsen over time and cause treatment to take much longer than otherwise or leave you with chronic issues. 

How long after an accident can you claim compensation

Delays in Filing May Affect Insurance Coverage

Car insurance companies will typically use any reason to minimize the payout of your claim or have it denied altogether. If you delay your filing they may use it as proof your injuries were not very serious.

Don’t give them any reason to doubt the seriousness of your injuries and the validity of your claim.

Delays may also give insurance companies — with their vast resources and savvy legal team — time to build their case against your claim. This could potentially reduce your leverage during negotiations.

Claiming Injury After a Car Accident With Oregon’s Personal Injury Protection (PIP) Insurance

PIP insurance is mandatory for all drivers in Oregon. This coverage is “no-fault”, eliminating any delays from establishing fault and figuring out which insurance policy must foot the bill.

Here are some key facts about PIP insurance coverage:

  1. Reasonable and necessary medical expenses are covered, so long as they are directly related to the accident. The policy will have a set limit on the maximum compensation per claim.
  2. Wage loss coverage is included. You may be eligible for 70% of your gross income (up to $3,000 per month) for up to a full year.
  3. In the case of fatality, funeral and burial expenses are covered. This coverage carries a maximum of $5,000.
  4. Not only is the driver covered, but any injured passengers or pedestrians are also eligible for coverage under your PIP insurance.
 

To obtain coverage with your PIP insurance you need to complete some preliminary steps:

  1. Report the accident to your insurance company ASAP — ideally within 24 to 48 hours. Reporting the accident does not mean you need to file a formal insurance claim right away.
  2. Have your injuries documented by a healthcare provider. It’s important to complete this step without delay to avoid the risk of weakening your claim.
  3. Then you can file a PIP claim with your insurance provider. You’ll need to provide all medical documentation and bills incurred up to that point as part of your claim. Documentation from your employer is also required if you plan to incorporate lost wages into your overall claim.
How long after a car accident can you claim injury

Why It Makes Sense To Claim an Injury With Your Insurance Soon After a Car Accident in Oregon

Your PIP claim gets you relatively quick access to benefits that can help you recover from your accident. Delaying your claim will potentially have you paying out-of-pocket for a growing pile of expenses which adds stress to an already stressful situation.

Take the needed steps to get your claim filed quickly so that you get on the road to recovery and be rightfully compensated if it takes you away from your work.

When it comes to negotiating with your insurance company you’ll be in a stronger position if you have filed your claim promptly. You’re showing that you take your health seriously — which can strengthen your case.

Premier Care Chiropractic: A SE Portland Provider Experienced With Car Accident Injury Claims

If you’ve been in a car accident, seeing a doctor right away is critical to getting pain-free as quickly as possible. At Premier Care Chiropractic we specialize in car accident treatment — especially with whiplash injuries — that can cause chronic pain if left untreated.

We’ll provide you with a customized treatment plan and you can start right away knowing that your PIP insurance will cover it. Let’s get you evaluated and find out how we can help you recover and put your injury in the rearview mirror.

Contact Premier Care Chiropractic today.

The content in this blog is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

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