State laws and insurance guidelines differ but there is usually a statute of limitations, a fixed period of time dictated by the law, in which to place a claim for damages and/or injuries received in a car accident.

For example in Maryland, you are required to place your claim or bring your case to court within three years from the date of the accident. Some limitations periods are shorter than 3 years. Statutes of limitations may be extended in certain situations and in certain states, such as when an injured person is an infant. Other statutes of limitations are very short, such as a claim against a municipality in MD must normally be made within 180 days of the date of the injury.

In Illinois, the Statute of Limitations for personal injury actions sustained in a car accident is generally two (2) years. For property damage from a car wreck it’s five (5) years. If the defendant is a government entity (e.g. a city, State of Illinois, or the CTA) or a government employee acting in the scope of his employment, it’s one (1) year for ALL claims.

To find out if you can still place a claim against the at-fault’s insurance policy, contact the state’s department of insurance for information on state statute of limitations laws. You may also want to ask your friend’s insurer if the claim can be made. Their claims department should be able to tell me you are within the statute of limitations to have the claim go through. The insurance provider will likely want to know why you waited to put in a claim.