After a car accident in Chicago, you need to know when and how to file a claim. Our car accident injury attorneys in Chicago can help ensure you meet all your filing deadlines and that you recover the full amount of any compensation you are owed.
When you are involved in any car accident, you should immediately report it to the police. Even if your accident is extremely minor and you don’t think you are legally required to report the accident, call the police and let them decide whether a report needs to be filed.
If the police do not respond to the scene or if you unwisely left the scene without filing a report, you must file a written report with the Illinois Department of Transportation within ten days of the accident, or with the police department in the jurisdiction where the accident happened.
What is the Deadline to File an Insurance Claim in Chicago?
You should immediately report your car accident to your insurance company. Most insurance companies require that your file an accident report within 24 to 48 hours. All companies require the report to be filed within a reasonable amount of time, so you should file as soon as possible, and at least within a few days of the accident.
If you don’t promptly report the accident to your insurer, they may deny your claim, or your claim may be delayed. The sooner you contact your insurer the better.
What is the Deadline to File a Personal Injury Car Accident Claim in Chicago?
A statute of limitations is the law that sets a deadline for filing a claim to recover damages in a personal injury case. If you miss your deadline, you will not be able to recover compensation.
The statute of limitations for filing a personal injury claim after a Chicago car accident is generally two years. This means you must file your lawsuit to recover damages within two years of your car accident.
There are exceptions to the two-year deadline so you must promptly consult an experienced Chicago car accident attorney to determine your filing deadline. Another reason to consult an attorney quickly is to help preserve vital evidence to prove your case. Evidence can be destroyed, lost, or diminished within days if action is not taken to preserve it. The sooner you contact a Meyers & Flowers car accident attorney, the sooner we can begin protecting your rights and building your strongest case.
Exceptions to the Deadline for Filing a Personal Injury Lawsuit After a Car Accident in Chicago
There are some rare exceptions to the statute of limitations that may provide additional time to file your claim. However, you should never rely on exceptions and should always consult an attorney as quickly as possible after an accident.
Exceptions to the two year filing deadline may include:
- When an injured party is a minor, the deadline may be extended until two years after their 18th birthday.
- If the injured party is mentally incapacitated the statute of limitations may be paused until they regain their capacity.
- If the injury was not discovered right away, the statute of limitations may not begin to run until the injury was discovered or until it reasonably should have been discovered.
Contact an Experienced Chicago Car Accident Attorney Today
After a Chicago car accident, you should immediately report your accident to the police and then to the insurance company. While you may have two years to file a personal injury claim, you should promptly consult an experienced Chicago injury attorney. Doing so can help preserve vital evidence and protect your right to recover full compensation.
At Meyers & Flowers Injury Attorneys, our car accident lawyers have the experience, skills, and resources to help you recover maximum compensation. Call (630) 824-3963 or visit our contact page and schedule a free consultation.