Becoming the victim of a motor vehicle accident could lead to property damage and vehicle repair bills. Some may suffer from serious injuries that require immediate treatment and, possibly, extensive follow-up care. Accident victims in South Carolina might take solace in their ability to recover losses from the negligent party’s auto insurance provider. Any hurt in an accident may need to move without delay, as there are time limits to file a claim.
Statute of limitations and an auto insurance claim limitations
Accident victims might not realize that differences may exist between insurance providers’ limits for filing claims vs. South Carolina’s statute of limitations for a personal injury suit.
When it comes to filing an auto insurance claim, the injured party must do so “promptly” or “within a reasonable time.” Ambiguity could lead to insurance providers attempting to avoid paying after the company’s preset claim period. Legal challenges might follow when an insurance provider takes such action.
Under South Carolina law, the statute of limitations for a personal injury lawsuit is three years. Other factors may alter the statute of limitation requirements, such as the victim being a minor, but three years remains the “standard” time frame. Once the statute of limitations expires, the court could dismiss the lawsuit.
Additional points to be consider
Delays might not work in favor of someone interested in filing a liability claim. Memories could fade, leaving the injured party and witnesses potentially lacking recollections of critical details. Finding witnesses might prove challenging when time passes. Available evidence runs the risk of getting lost. If dashcam footage or photographs present proof of liability, losing such evidence may prove disastrous for a claim.
An insurance company may have policies regarding claim time limits after a motor vehicle accident, and South Carolina maintains a three-year statute of limitations for this type of lawsuit. Contacting an attorney soon after an accident might be advisable.
