How long after an accident can you go to the hospital and file a injury claim with a insurance company?

UPDATED: Oct 1, 2022

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How long after an accident can you go to the hospital and file a injury claim with a insurance company?

It’s been a 10 days since the accident and my back is still hurting. Did I wait to late to go to the hospital?

Asked on January 12, 2018 under Personal Injury, Vermont


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is not too late to file your personal injury claim with the at-fault party's insurance carrier.
An injury may not manifest itself immediately after the accident occurred.  It is also a common response to try to treat the injury initially with a heating pad, pain medication, etc. until there is little or no improvement warranting additional medical treatment at a hospital.
In order to have a personal injury case, the injury must be documented with medical treatment.
There isn't any set amount of time after the accident for seeking medical treatment, but the longer one waits, the weaker their case becomes because the insurance company will claim that the person must not have been seriously injured if an inordinate amount of time elapsed before receiving medical treatment.  Also, if medical treatment is infrequent, the insurance company will raise the same argument.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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