How Long Do I Have to File an Insurance Claim or Lawsuit for My Truck Accident?

There is a rule called the statute of limitations for accidents. This is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

In 2024, Louisiana law extended the statute of limitations for personal injury claimsoccurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

Keep in mind that some insurance companies have their own deadlines for accepting claims. So you should tell yours about the accident as soon as possible.

Furthermore, if you were involved in a truck accident, it’s best to call a lawyer. A Louisiana truck accident lawyer will need to take certain steps, so seeking legal help as soon as you can is ideal.

If you need to file an insurance claim, there are 5 steps you should follow. Here is a simple guide to help you through the process.

How Long Do You Have to File an Insurance Claim?

It’s common to ask, “How long do I have to file an insurance claim or lawsuit for my truck accident?” Filing an insurance claim can take time. It’s important to follow these 5 steps within Louisiana’s statute of limitations.

1. Contact the police: 

Call the police and report the accident. This step is important because it creates an official record of the incident, which is usually required when filing a claim. 

➡️ Make sure to gather the names, phone numbers, and insurance policy information of everyone involved in the accident. It’s also a good idea to take pictures of the accident scene.

2. Gather medical records:

Collect any medical records that provide evidence of your injury. These records will support your claim and help the insurance company understand the extent of your injuries.

3. Inspect your vehicle: 

Have your vehicle inspected for repairs. This step is necessary to determine the damage and estimate the cost of repairs. Coordinate with the insurance company’s claims adjuster, who will investigate the accident and guide you through the process.

4. Provide documentation:

Prepare pictures and documents related to the accident. This includes photos of the:

• damage,
• medical bills, 
• car repair costs, 
• rental car or transportation expenses, 

and any lost wages you may have incurred due to the accident.

5. Communicate with the claims adjuster: 

Contact the claims adjuster assigned to your case. They will assist you in filing the claim, discussing repairs, and arranging medical care if needed. Keep copies of all official documents and relevant information throughout the process. Work with your attorney, if you have one, to keep your evidence organized.

Remember, filing an insurance claim can be complex. It’s important to follow these steps and keep thorough records of your accident and related expenses.

Do You Have to Report a Truck Accident?

For smaller accidents where no insurance claim will be made, reporting might not be needed. However, in many states, you are required to report accidents if there are injuries or if the property damage exceeds $2,000.

Even if you don’t see any injuries right away, it’s not a bad idea to call the police. Sometimes, injuries or damage appear days or weeks later. The police report can serve as evidence when you file a claim with your auto insurance company.

Should I File the Claim with My Insurance or the Insurance of the Other Driver?

It’s common to ask “How long do I have to file an insurance claim or lawsuit for my truck accident?” It’s also common to ask, “Should I file the claim with my insurance or the insurance of the other driver?”

• If you were responsible for the accident, you should file the claim with your collision or personal injury protection insurance.
• If the other driver is responsible and your costs exceed your insurance, file a claim with their insurer.

In either case, it’s a good idea to have a truck accident lawyer on your side.

How Long Do You Have to File an Insurance Claim That’s Late?

There’s still a chance to file a claim later on. However, you may receive backlash from the claims adjuster. Your insurance company might even deny your claim due to its lateness. 

While there are a few exceptions to this deadline, they are rare. Avoid letting too much time pass before taking legal action, in other words. To help ensure a successful insurance claim or lawsuit, it’s best to call a skilled truck accident lawyer.

Get Gordon McKernan On Your Side

If someone asks, “How much time do I have to file an insurance claim or lawsuit for my truck accident?” it’s best to advise them to do it within Louisiana’s statute of limitations to be safe.

As mentioned above, Louisiana has a strict statute of limitations which refers to the time limit set by the law for taking legal action. By filing within this timeframe, individuals can ensure they meet all requirements and protect their rights.

At Gordon McKernan Injury Attorneys, we have 679+ years of combined legal experience. If you need help filing your claim, contact one of our 10 locations today.