When Should You File a Car Accident Lawsuit?

After a recent car accident, you might feel overwhelmed with medical bills, car repairs, and insurance calls. I’ve helped many people in this exact situation, and one of the most common questions I hear is, “Is it too late to sue?” The good news is: you likely still have time.

So, can you still file a lawsuit weeks after a car accident? Yes, in Alabama, you typically have up to 2 years from the date of the crash to file a personal injury or property damage lawsuit. A few weeks is well within that legal timeframe.

Although you usually have up to 2 years in Alabama, waiting too long can still weaken your case. Read on to learn more about the deadline, how Alabama law handles car accident claims, and why acting sooner can help your case significantly.

How Long Do You Have to File a Car Accident Lawsuit in Alabama?

In Alabama, the statute of limitations for filing a lawsuit after a car accident is 2 years from the date of the accident. This applies to both personal injury and property damage claims. That means if your accident happened just a few weeks ago, you’re still within the legal timeframe to sue.

However, waiting too long can still put your case at risk. Here’s why:

  • Evidence fades: Dashcam footage may be overwritten, surveillance videos deleted, and physical evidence lost.

  • Witnesses forget: The longer you wait, the harder it becomes to track down witnesses and preserve accurate statements.

  • Insurance leverage declines: Insurance companies may be less likely to take your claim seriously if it looks like you’re not acting quickly.

Also note: if the accident involved a city, county, or state vehicle, Alabama law requires that you file a formal notice of claim well before the 2-year deadline, sometimes as soon as 6 months. These deadlines are shorter and more technical, so don’t delay if a government vehicle was involved.

Why You Shouldn’t Wait to File a Lawsuit After a Car Accident

Even though Alabama gives you 2 years, you shouldn’t wait to take action. Filing a claim or contacting an attorney early can help you:

  • Secure evidence quickly (photos, vehicle damage, skid marks)

  • Get timely medical documentation linking your injuries to the crash

  • Improve negotiation power with the insurance company

  • Avoid legal mistakes like missing a shorter deadline for suing a city or state agency

Waiting doesn’t just increase stress, it can reduce the overall value of your claim.

What If I Didn’t Feel Hurt Until Weeks Later?

It’s common in Alabama, and everywhere, for injuries to show up days or even weeks after a crash. The shock and adrenaline from an accident can mask pain for some time.

If a doctor can connect your injuries to the accident, you can still pursue a claim or lawsuit. But you should get medical treatment as soon as symptoms arise, and make sure everything is documented. This protects your health and your legal rights.

Should I Talk to a Lawyer About My Car Accident?

You don’t need to wait to talk to a lawyer. In fact, the sooner you do, the better. Alabama personal injury attorneys usually offer free consultations, and most work on a contingency basis, meaning you pay nothing unless they win your case.

An Alabama attorney can help you:

  • Confirm how much time you have to file

  • Handle insurance communications

  • Gather medical and accident evidence

  • Build a strong case for fair compensation

 

Related Questions

Does Alabama have a fault or no-fault system?
Alabama follows a fault-based system, meaning the driver who caused the accident is responsible for damages. However, Alabama also follows a strict contributory negligence rule. If you’re found even 1% at fault, you may be barred from recovering compensation. This makes legal advice critical.

Can I sue if I already filed an insurance claim?
Yes, you can still sue as long as you haven’t accepted a final settlement and signed a release. If you have, your legal options may be limited. An attorney can review your paperwork to see if a lawsuit is still possible.

What if the at-fault driver doesn’t have insurance?
If the other driver is uninsured, you may still be able to recover damages through your uninsured motorist (UM) coverage, which is included in most Alabama auto policies unless you rejected it in writing. You can also explore suing the driver personally, though collecting payment may be difficult without insurance.

How much compensation can I get for a car accident in Alabama?
The amount you can recover depends on the severity of your injuries, medical expenses, lost wages, property damage, and pain and suffering. There is no fixed amount, but Alabama car accident law does allow compensation for both economic and non-economic damages.