Does the deadline change if the other driver was a government employee?

Often yes. Claims against public bodies usually carry much shorter notice periods, sometimes only a few months, and they can require a formal notice before any lawsuit. Ask early if a city, county, or state vehicle was involved.

What if I was hurt but did not realise it until later?

Many states delay the start of the clock until the injury was discovered or reasonably should have been. This is fact specific and is one of the more commonly disputed points, so do not assume it applies without advice.

Does talking to the insurance company extend my deadline?

No. Negotiations do not pause the filing deadline. People sometimes negotiate right past it and lose the claim entirely.

The first 72 hours after a car accident: what to do and what to avoid

Reviewed by Law Offices of Tyler A. Trumbach, P.A. · updated August 10, 2026 · 5 min read

In most states you have a limited window, often one to three years from the date of the crash, to file a personal injury lawsuit. The exact deadline depends on your state and on who you are suing, so confirm yours with a lawyer before you rely on any number.

The days right after a crash are confusing, and that is exactly when the most important decisions happen. You do not need to do everything perfectly. You just need to avoid a few common mistakes.

Get checked out, even if you feel fine

Adrenaline hides injuries. Soft tissue damage, concussions, and back injuries often show up days later. Seeing a doctor right away protects your health first, and it also creates a record that connects your injuries to the crash. A long gap between the accident and your first visit is one of the first things an insurance company will point to.

Document everything while it is fresh

If you have not already, write down what happened in your own words. Save photos of the vehicles, the scene, and your injuries. Keep the names and numbers of any witnesses. Small details fade fast, and they are hard to recover later.

Be careful with the other driver's insurance company

An adjuster may call quickly and sound friendly. Remember that their job is to close your claim for as little as possible. You are generally not required to give a recorded statement to the other driver's insurer, and it is usually wise to talk to a lawyer before you do.

Do not accept a fast settlement before you know what your case involves

Early offers often come before you know the full extent of your injuries or your time away from work. Once you sign a release, the claim is over, even if your medical bills keep growing.

If you were hurt and are not sure what your next step should be, a free case review costs nothing and commits you to nothing. Call any time and get answers from people who handle these cases every day.

Common questions

Does the deadline change if the other driver was a government employee?: Often yes. Claims against public bodies usually carry much shorter notice periods, sometimes only a few months, and they can require a formal notice before any lawsuit. Ask early if a city, county, or state vehicle was involved.
What if I was hurt but did not realise it until later?: Many states delay the start of the clock until the injury was discovered or reasonably should have been. This is fact specific and is one of the more commonly disputed points, so do not assume it applies without advice.
Does talking to the insurance company extend my deadline?: No. Negotiations do not pause the filing deadline. People sometimes negotiate right past it and lose the claim entirely.

ATTORNEY ADVERTISING. This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and deadlines vary by state.