After sustaining injuries in an auto accident, you likely sought medical treatment immediately. Yet, you may have yet to proceed with filing an insurance claim or taking legal action against the at-fault motorist. If this is the case, you may worry whether you are still able to do either. By understanding your windows for each, you can determine whether you can still pursue compensation for your injuries.
Your window for filing an insurance claim
Because Georgia follows fault-based insurance laws, any claim you make after an auto accident will go through the at-fault motorist’s insurance company. Your timeline for filing your claim will likely depend on the insurance company you are working with. Most insurance companies, however, will expect you to proceed in a prompt manner.
Even if you have yet to file your claim, it is imperative that you contacted the insurance company right after your accident. If you did not, you will want to do so as soon as possible. This is because many insurance companies require you to report accidents within 30 days of when they happened.
Your window for taking legal action
In Georgia, your statute of limitations for proceeding with a personal injury lawsuit is two years from the date of your accident. If you file one outside this window, the court – in most cases – will dismiss it.
One exception to the two-year window is if you are married and your accident caused your spouse the loss of consortium. If you two were in a loving relationship beforehand and your injuries have prevented you from providing them the benefits of married life, they can file a lawsuit against the at-fault motorist up to four years from the date of your accident.
Whether you file an insurance claim or a personal injury lawsuit, it is crucial that you proceed within the appropriate time frame. By doing so, you will likely have a greater chance of receiving a settlement that is suitable for your injuries.