After a car accident, there are naturally many things on your mind. You're probably worried about recovering from your injuries, dealing with the lack of transportation if your car was totaled, and trying to figure out how you're going to pay for everything. In the midst of this, it's easy to lose track of time and forget that there are limits to how long you can wait before you have to file a claim for compensation. The sooner you contact a car accident lawyer in San Antonio the better.
From a Car Accident Lawyer in San Antonio: How Long Do You Have to File?
It's important to distinguish between the amount of time you have to report the accident to the state and relevant insurance companies and the amount of time you have to actually bring a lawsuit. These are all different actions and have different time limits.
The insurance company is the most variable entity. How long you have to report an accident entirely depends on the insurer and the individual policy. You could have anything from one or two days up to a month. You should always exchange insurance information with the other driver at the scene and contact their insurance company immediately.
The law in Texas requires you to call authorities to the scene of an accident if there's been a death or injury, you estimate the damage to be more than $1000, one of the drivers is intoxicated or leaves the scene, one of the vehicles is so badly damaged it can't be moved, or if one of the drivers doesn't have insurance. If your car accident doesn't have any of these elements, you don't have to call the police to the scene, but you still need to report the accident within 10 days.
Bringing a Lawsuit
If you need to bring a lawsuit, you have to do so within the statute of limitations, which in Texas is two years. You have two years from either the date of the accident or the date on which you became aware that an injury you are suffering was caused by the accident. There are a few minor exceptions to this rule, primarily if the injured party is a child or if there is a delay in discovering the identity of the at-fault driver.
Also, if you were injured by a driver working for the government, you need to let the government know that you want to bring a claim within 180 days at the very most, and some municipalities in Texas have even shorter notice requirements. It's very important to talk to a lawyer immediately under any circumstances, but especially if you've been injured in an accident with an official vehicle. Learn more here about what a local lawyer can do to keep your claim moving in a timely fashion.
Why Is There a Statute of Limitations?
The statute of limitations is there to protect the rights of potential defendants, but it also helps you as the person who wants to bring a claim. If you wait too long to bring a claim, evidence tends to degrade and memories fade, making it much harder to prove what happened to you.
The faster you get on it, the more likely you are to succeeded and the less expensive it will be.
