One of the most important things you need to do after a car accident in Vancouver, WA, is to file a car accident claim. However, this isn’t something you can do at any time, as there is a statute of limitations that dictates when it is possible to file a claim to get compensation.
If you have been a victim of a car accident in Vancouver, you need to hire an auto accident attorney to represent you when you file your claim. At Henderson Taylor Law Firm, our team of auto accident lawyers has handled hundreds of car accident cases and can help you get the damages you need.
Keep reading to find out how long you have to file a car accident claim and how to file a claim after a car accident.
Statute of Limitations For Car Accident Claims in Washington
If you have been involved in a car accident in Vancouver, Washington, it is essential that you understand the statute of limitations for these claims. In the state of Washington, the statute of limitations usually takes effect on the date of the auto accident, and you have three years to file a car accident claim. This time frame applies to both personal injury claims and property damage claims, even though you will be pursuing different types of damages.
In general, it is often recommended to file a car accident claim as soon as possible to have a better chance at getting a fair settlement. The details of the accident and any evidence you have will be fresher and you will have a greater chance of getting more extensive compensation, such as compensation for things like ongoing medical costs or rehabilitation.
Statute of Limitations Exceptions
Although rare, there are certain situations where the statute of limitations in Washington state may not be as straightforward as the designated three-year timeline. A few exceptions are available to provide flexibility in situations that may not be as straightforward. Here are some examples of exceptions to the three-year statute of limitations:
- Cases with minors: If the auto accident involves a minor who was injured, the statute of limitations will not take effect until the minor turns 18 years old. From the date of their 18th birthday, the three-year timeline will take effect, giving them until their 21st birthday to file a claim for damages.
- Discovery rule: Some injuries may not be apparent on the day of the car accident, which is where the discovery rule will take effect. This results in the statute of limitations beginning on the date that the injury is reasonably discovered, allowing you more time to file a personal injury claim. Examples of when this may occur include internal injuries that may not have been discovered during an initial medical examination or chronic conditions that developed as a result of the accident.
- Mental incapacity: If the victim of the car accident is mentally incapacitated at the time of the accident or afterward, the three-year statute of limitation may be paused until they become mentally competent again.
After being in a car accident in Vancouver, it is essential that you seek the help of a qualified car accident claim lawyer. However, this is even more critical if your situation applies to any of the above exceptions since you will need to prove that you qualify for flexibility with the three-year deadline.
What Happens if You File Your Claim Late?
You can file a claim after an accident, but you must follow the statute of limitations if you want to pursue compensation for any damages. If you miss the three-year deadline, you will generally lose your right to pursue any legal action against the driver who was at fault or any other involved parties. This is typically the rule, even if you have substantial evidence that proves that you were not at fault.
Because of this, missing the three-year deadline will usually result in you not being able to recover compensation for things like property damage, lost wages, medical bills, etc. This also gives insurance companies the legal right to deny your insurance claim or offer you a very small settlement that won’t entirely cover your damages. Filing past the deadline can also result in critical pieces of evidence being lost, which would weaken your claim even more.
How to File a Claim For a Car Accident
If you are the victim of a car accident in Vancouver and want to file a claim to recover damages, there are specific steps you need to follow to strengthen your case. The first thing you need to do is report the accident to law enforcement, as they will create a police report, which will be essential in your case. You also need to get medical care even if you initially do not think you are injured, as this will also support your claim.
Filing a car accident medical claim will be much easier if you have documentation regarding any injuries and your expenses as a result of those injuries. If possible, you should also document any evidence at the scene of the collision by taking photos, getting contact information from witnesses, etc. You should also report the accident to your insurance company within one to two days of the accident.
Before you take the final step of filing your claim with the information you have gathered, you need to hire a car accident attorney in Vancouver, WA. They will ensure your claim is thorough and can help you uncover any additional evidence to support your case that may otherwise be difficult to locate on your own.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
If you are the victim of a car accident, filing a car accident insurance claim needs to be your top priority. Filing a claim within this right time frame can help you receive the compensation you need to cover things like medical bills, lost wages, and auto repairs.
At Henderson Taylor Law Firm, our car accident claim lawyers are committed to defending the downtrodden and ensuring car accident victims get a fair settlement. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
