Surprisingly, not everyone jumps right into the insurance claim process after an accident. Injuries can be severe preventing accident victims from starting the claim process. Others just aren’t too motivated. Yep, it may be unbelievable to you but not everyone jumps right into the legal process. While there can be times when delaying filing an insurance claim makes perfect sense, just don’t forget about the statute of limitations. So what’s the statute of limitations for Pennsylvania accident claims? We’re diving into this along with the steps for filing a personal injury claim.
Understanding Pennsylvania’s Statute of Limitations
Not everyone’s familiar with the statute of limitations. For example, what does it mean and how does the statute affect your personal injury claim? The statute of limitations refers to the time you have to file an accident claim. You generally have two years to file a claim in Pennsylvania and the clock tends to start ticking on the date of the accident.
So, typically you only have two years to file a claim if you want to receive compensation for your damages. What happens if the statute of limitations runs out? There’s a good chance you’re out of luck when it comes to recovering compensation. Once you notify the insurance company of the accident and your upcoming claim, the clock usually stops ticking. However, this doesn’t mean you can sit back and watch the years run by. The insurance company also has deadlines you don’t want to miss. These deadlines prevent claims from backing up in the system.
If you miss either the Keystone State’s statute of limitations or the insurance company’s deadlines there’s a really good chance you’re not going to be able to recover compensation.
Why You Don’t Want to Wait to File an Accident Claim
The thought of going through the often daunting claim process can be enough to make just about anyone think about putting it off. You may be saving yourself some time and frustration but it’s only temporary.
Waiting to file a personal injury claim is occasionally unavoidable. If your injuries are severe, it can take some time to figure out your medical costs. You may need extended care, rehabilitation therapy, or even at-home healthcare. This takes a while to set up and figure out what it’s costing. The same can apply to severe property damage. You may be arguing with the insurance company over whether your vehicle is repairable or a total loss.
Even though you can run into times when you don’t want to jump straight into the claim process, waiting to file has a few disadvantages. Evidence can easily be lost and witnesses may not remember the accident clearly. Your witnesses can even move away, making it all but impossible to use their testimony to support your accident claim. So, whenever possible, it’s usually best to start the accident claim process shortly after suffering injuries.
Potential Exceptions to the Statute of Limitations
Like a lot of laws, you can find some exceptions to the statute of limitations. These exemptions don’t exactly cancel out the statute of limitations but they can temporarily pause the clock.
Minors aren’t allowed to file accident claims. You must be at least 18 years old to recover compensation after an accident. The statute can be paused until the minor turns 18. The court can also decide to appoint a legal guardian to file an accident claim for the minor. The minor’s parents can also file a claim for their children injured in an accident. Typically, the court will order any compensation placed into an account until the minor is a legal adult.
Other possible reasons the statute of limitations can be paused include if the court can’t locate the defendant. If your injuries are serious enough to prevent you from participating in your accident claim, the statute is usually paused until you start recovering. These are only a few reasons why the Keystone State may pause the statute of limitations. To learn more it’s a good idea to schedule a consultation with a Pennsylvania accident attorney.
Essential Steps to Take After a Pennsylvania Car Accident
Just like the statute of limitations can affect your ability to recover compensation, so can what you do after being involved in a vehicle accident.
Report the Accident
Pennsylvania’s vehicle accident reporting law is surprisingly vague. You typically have five days to report a vehicle collision as long as injuries and fatalities aren’t present. All involved vehicles must also be drivable. In other words, if everyone involved in the collision can drive away, you can probably skip immediately reporting the accident.
While not waiting around for the authorities to arrive is tempting. Everyone can get on with their lives and take care of the reporting process in their free time. The downside is Pennsylvania follows modified comparative negligence guidelines. This means more than one party can be liable for causing the accident. Your compensation is reduced by your percentage of fault. To help ensure you’re not unfairly assigned blame for the accident, it’s a good idea to immediately report the collision. This way, the authorities can investigate the accident scene while the evidence is still fresh.
Seek Medical Attention
Don’t rely solely on your assessment of your injuries. Some injuries take a while before you start noticing signs and symptoms. Along with being proactive about your health, you’re also creating documentation necessary for proving your injury claim. The insurance company is going to request copies of your medical records if you list injuries as economic damage.
Ensuring You Don’t Miss Any Filing Deadlines
You’ve got a lot going on after being involved in a vehicle accident. You’re probably dealing with injuries and worrying about vehicle damage. The last thing on your mind are filing deadlines and there are often a few to keep track of. Since missing a deadline can effectively derail your ability to recover compensation, it’s usually best to contact a Pennsylvania personal injury attorney. Your attorney can worry about deadlines while you focus on your recovery.
The New Jersey Digest is a new jersey magazine that has chronicled daily life in the Garden State for over 10 years.