Are There Deadlines When Considering Legal Action For A Car Accident?
Any court action must be started within two (2) years from the date of the accident. You (the plaintiff) must notify your own insurer of the accident and apply for accident benefits within 30 days of the accident. If you do not have your own insurance you may be entitled to claim benefits from one of the insurance companies that insured vehicles involved in the accident. You must also notify the person being sued (the defendant) and their insurance company within 120 days of the accident that you intend to commence a lawsuit against the defendant. A letter stating the date, time and place of the accident and a brief description of your injuries is required. You should also state that you would like to reserve the right to pursue a claim at some time in the future. The defendant's insurance company has the right to information about your insurer and claim for accident benefits, and your medical treatment as a result of the accident. You may also be required to undergo an examination by the defendant's health professional. A failure to comply with these procedural and disclosure steps may result in a cost penalty against you.