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

 Posted on June 17, 2024 in Car Accident

There are certain scenarios in which a driver who has been in a car accident should file an insurance claim. For example:

• If there was damage to either vehicle

• If it is unclear which driver is at fault

• If one of the parties suffered injuries in the accident

If injuries were sustained in the crash, then you might want to take some time before filing a claim. Some injuries, like whiplash, are not immediately visible right after the crash. Other injuries might be visible but you may want to seek medical attention for them first so you know how much it will cost to get treatment. Whatever the circumstances of your car crash, it is best to first speak with your Colorado injury attorney before filing an insurance claim after an accident.

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

Under Colorado law, a driver typically has up to three years from the date of the accident to file a lawsuit for damage to property or for personal injuries. If you are filing a claim against the responsible driver’s insurance company, or a lawsuit against the responsible driver, the three-year statute of limitations applies.

There are exceptions to this law, such as in the case of wrongful death. If someone died as a result of the collision, the deceased’s family may be able to bring a wrongful death claim within two years of the accident.

It is important to note, however, that you are required to file a police report within 60 days of the crash if a police officer was not present at the scene. Getting a police report as soon as possible is essential for making sure the accident is documented and the police have accurate evidence of what caused the crash.

Where Do I File the Claim?

If you choose to file a claim, there is the question of whether to file it with your insurance company — called a first-party claim — or the other driver’s insurance company, which is called a third-party claim. If the other driver was clearly at fault, then their insurer should cover the claim but you should consult your own insurer to see if you should file a claim with them as well.

What if the Other Driver Has No Insurance?

It is illegal to drive without having car insurance. The law wants injured parties to be able to collect compensation if they are injured in vehicle collisions.

Nevertheless, some drivers do not have car insurance. Other drivers have car insurance but are underinsured because they cannot afford to buy better policies. If you suffer damages in a car accident caused by an uninsured or underinsured driver, then you may not get compensated for your damages unless you sue the driver in court.

Your other option is to make sure you purchase uninsured motorists coverage and underinsured motorists coverage from your insurance company. The purpose of these is to allow you to file a claim with your own insurance company if you are in an accident involving under/uninsured drivers. However, keep in mind that insurance companies look for any reason to not pay you your claim, and people often end up having to fight their own insurance companies in these situations. It is best to first speak with an attorney if you have been in an accident with an uninsured or underinsured driver.

Contact a Larimer County, CO Car Accident Attorney

Whether you file a first-party claim or a third-party claim, a Fort Collins, Colorado car accident lawyer should be one of your first calls after a car crash. An attorney can not only help bring a personal injury lawsuit on your behalf but can also negotiate with insurance companies to get you the best settlement possible.

That is why many people choose Hoggatt Law Office, P.C. to represent them after a car accident. Our attorneys have over 20 years of experience in personal injury law and have recovered millions of dollars for our clients. Call 970-225-2190 today to see what we can do to help you.