Filing a Claim for a Car Accident a Few Weeks After the Fact 

I was in a car accident but I didn't feel pain at the time. A few weeks later, I started experiencing a lot of lower back pain. Can I still file a claim?

The answer is, it's possible to still file a claim with the insurance company up to two years after the accident, but you may find yourself without a case if you didn't seek medical treatment right away. There is a statute of limitations (which is generally two years from the date of injury) but there is also the tie between the accident and the injury to be considered. In personal injury cases, the medical records are often the bulk of the evidence that is used to support the claim that you have filed. If you don't have consistent medical records from the date of accident and ongoing, it will be easy for the insurance company to say that your injury was not related to the accident.

What Should I Do Right After a Serious Car Accident in DC, Maryland or Virginia?

Get Medical Treatment

When you are injured in a car accident, adrenaline can keep you feeling painless for many hours after the fact, and then you may experience an onset of pain. It's not good enough to say you feel fine. Anyone who has been in a serious accident should go to the emergency room right away, no matter how you are feeling. If you've been in a minor accident, get to your primary care doctor as soon as possible to be evaluated and don't be afraid to go back if you start to experience pain. 

Get Insurance Information - No Exceptions  

If you're "feeling fine" after a minor car accident you may be tempted to shrug things off, especially if you were a pedestrian and there's no bodily damage to your car to deal with. But this is not advisable. You should gather the other person's insurance information without exception and if you do start to feel pain, seek medical treatment immediately and file a claim. In fact, when you do seek medical treatment the doctor's office may ask you to declare if your injury was the result of an accident, so it's a good idea to have it on file so you can request a settlement when you're through with medical treatment.

Seek Out the Help of an Experienced Car Accident in DC, Maryland, or Virginia

If you have ongoing medical treatment you may need the assistance of an experienced car accident lawyer to manage your claim. If two or three of these things are true about your claim, contact the car accident lawyers at Donahoe Kearney to seek guidance. 202-393-3320.

  • You have multiple providers and insurance policy claims to keep track of
  • There is subrogation going on between insurance providers, which means you have to manage the lien
  • You have a very serious injury and insurance companies are working extra hard to limit your benefits
  • You are out of work for a long period of time, and you have lost wages to keep track of.
  • The insurance company has offered you a settlement that seems very low

Don't forget to look for a car accident attorney who is licensed and regularly practices in the state where you were injured. Donahoe Kearney is licensed in DC, Maryland, and Virginia.

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer
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