How long do you have to file a claim after an auto accident?

| Nov 13, 2020 | Motor Vehicle Accidents

Auto accidents can be traumatic and expensive ordeals. Not only can they result in injuries and vehicle damage, they can lead to lost wages and prolonged pain and suffering as well. Because these expenses and losses can be significant, you may – after a collision – want to pursue damages against the appropriate party. Before proceeding with a claim, though, you must be mindful of your window for doing so in Mississippi.

The window for personal injury claims

Mississippi follows a fault-based auto insurance system. This means that, after sustaining injuries in an accident you did not cause, you will file your claim through the at-fault motorist’s insurance company. Yet, it is possible that you may be unable to negotiate a settlement with the insurance company that covers your expenses and losses. In this case, the state’s system allows you to pursue damages by filing a personal injury claim against the at-fault motorist.

Keep in mind that a personal injury claim is a legal action and is different from an insurance claim. Mississippi’s statute of limitations for proceeding with this action is three years from the date of your accident. If you make your personal injury claim outside this window, it will most likely be rejected.

The window for product liability claims

During your accident, your vehicle’s equipment might have malfunctioned, exacerbating your injuries. If this happened, you may want to bring a product liability claim against the appropriate party. This may be your vehicle’s manufacturer. Or, it may be the manufacturer of the defective part. In either case, Mississippi’s statute of limitations for proceeding with this action is three years from the date your injuries occurred.

While you may feel like you have plenty of time to file your claim, you can protect yourself by making it as soon as possible. A personal injury attorney can guide you through the process and help you fight for compensation that is appropriate for your injuries.