After a car accident in Memphis, you have a lot on your plate. Between seeking medical treatment, getting your car repaired, and missing work, it’s easy for reporting the crash to your insurance company to fall through the cracks. However, promptly notifying your insurer is one of the most important steps you can take to protect your legal rights and preserve your eligibility for compensation. But how long do you have to report a car accident to your insurance company?
When to Report a Car Accident
Most car insurance policies require you to report accidents immediately, often within 24 hours of the crash. This applies even if the accident wasn’t your fault or you don’t plan to file a claim with your own insurance company.
Prompt reporting is important for a number of reasons:
- Information Gathering – The sooner you notify the insurance company, the more accurate details they can collect. As time passes, accident scenes get cleared, witnesses’ memories fade, and valuable evidence can disappear.
- Coverage Protection – If you wait too long to report the crash, the insurer may claim your delay violated your policy terms and deny coverage for the accident.
- Claim Investigation – Insurance companies need time to investigate fault and assess damage. Delays in reporting can cause the insurer to question the legitimacy of your claim and prolong the process.
- Legal Compliance – Depending on the circumstances of your accident, you may have a legal duty to report the crash to law enforcement or the DMV. Failing to do so can result in fines or even criminal charges.
If you’re unsure whether your specific accident requires reporting, err on the side of caution and inform your insurer. It’s better to report a crash you didn’t need to than to face coverage issues for failing to report one you should have.
Legal Requirements for Accident Reporting
In addition to your insurance policy obligations, Tennessee law mandates reporting for certain types of accidents. Under Tennessee Code § 55-12-104, you must notify the Tennessee Department of Safety and Homeland Security within 20 days if a crash involves:
- Death or injury
- Property damage over $1,500
- Damage to state or government property over $400
Additionally, you should immediately report an accident to law enforcement, especially in collisions involving injury, death, property damage, an uninsured motorist, an impaired motorist, or a hit-and-run driver. An official accident report provides valuable documentation for your insurance claim and can help prove the other driver’s fault.
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Deadlines for Filing Accident Reports
While you should always notify your insurer immediately after an accident, you typically have more leeway when it comes to filing your formal claim. Most insurance companies allow you to file an accident claim within a reasonable time after the crash, often 30 days to a year.
However, starting the claims process as soon as possible is always best. Some key reasons not to delay include:
- Evidence Preservation – The at-fault driver’s insurance company may try to shift blame for the accident onto you. The sooner you file your claim, the more evidence you can gather to refute their arguments and prove their policyholder’s negligence.
- Repair Delays – You need your vehicle to get to work, school, and medical appointments. The longer you wait to file your claim, the longer you may have to wait for repairs or a rental car.
- Medical Needs – Even a short gap in medical treatment after an accident can jeopardize your claim. Insurers may argue that you aren’t as injured as you claim if you don’t seek prompt care. Filing your claim quickly ensures you’re able to get the treatment you need without damaging your case.
- Legal Deadlines – If the insurance company denies your claim or you can’t reach a fair settlement, you may need to file a lawsuit. In Tennessee, the statute of limitations for most car accident lawsuits is just one year from the date of the crash. If you wait too long to involve the insurer, you may miss your window to file a lawsuit and recover the compensation you need.
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Were you injured in a Memphis car accident? Don’t tackle the confusing insurance claim process by yourself. The Memphis car accident attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC will be by your side every step of the way, from reporting the accident to pursuing a fair settlement.
We know the tactics insurance companies use to limit payouts and can help you gather the evidence you need to build a strong case. Contact us today at (901) 526-2126 for a free consultation. You pay nothing unless we secure compensation for you. With our skilled legal team at your side, you can focus on your health and physical recovery while we handle the rest.