How Long After an Accident Do You Have to File a Claim in Iowa?

After an accident, you can be overwhelmed by all there is to take care of. You have your health to worry about, insurance paperwork, and dealing with the resulting damages. Following Iowa’s strict statute of limitations for filing after an accident is just as important. So, how long after an accident do you have to file a claim in Iowa? Explore Iowa accident laws for filing personal injury claims and find out how failing to meet these deadlines can cost you the right to compensation.

The Statute of Limitations in Iowa

States set a legal time limit for filing a claim. If you don’t file within the required window, the court will likely dismiss your case, and you won’t be able to seek damages. This is called the statute of limitations.

In Iowa, the statute of limitations is two years from the day of the incident. The two-year deadline applies to most personal injury cases, such as:

• Car accidents
• Motorcycle accidents
• Slip and fall injuries
• Dog bites
• Bicycle and pedestrian accidents

Wrongful death claims also have a statute of limitations of two years. The difference between wrongful death and injury claims is that the two-year timeframe begins upon the person’s death and not necessarily from the date of the accident. Iowa saw 356 fatalities resulting from traffic accidents in 2024. The state also reported 1,370 serious injury accidents that year, with a total of 53,319 collisions overall. If you experienced property damage only as a result of the accident, the state allows up to five years to file a claim.

The Consequences of Missing the Deadline

If you neglect to file within the allowed statute of limitations, the case may be dismissed. This leads to losing your right to compensation, even if you have a strong case. You have the optimal chance of success by filing soon after your accident when the evidence and witness testimony are readily available. Waiting too long to file a claim can hurt your case in many ways, such as:

• Witness testimonies lose value as memories of the accident become hazy over time.
• Evidence disappears when surveillance footage is erased or physical evidence is lost.
• Insurers become more skeptical if there’s a delay in seeking medical care or filing a claim, and may challenge the legitimacy of your injury.

Circumstances That Impact the Deadline in Iowa

Even with the statute of limitations in place, there are certain exceptions to the rule. When preparing to file a claim, consider the following circumstances:

• Discovery rule. In rare cases, the injured party may not realize they’ve experienced harm, as some injuries aren’t immediately noticeable. Iowa law allows the statute of limitations timeline to shift to the start of the injury or when it reasonably should have been discovered.
• Minors and those legally incapacitated. If the injured person was a minor or a mentally incapacitated individual, Iowa may pause the clock until the injured reaches adulthood or regains their mental capacity.
• Government claims. Accidents involving government employees or agencies, such as city buses or other government-operated vehicles, come with more complex rules. You’ll need to file a notice of claim with that particular government agency involved before you’re able to pursue a legal claim. You have 90 days to notify the government of your intent to file. Failing to give notice may lead to dismissal of your case even if you are within the standard two-year statute of limitations.

FAQs

Q: How Late After an Accident Can You Claim?

A: The timeline for filing a claim after an accident varies based on the type of claim and state law. Some insurance policies require that you report accidents within days of occurrence. Failing to file within the statute of limitations for your type of accident can result in losing your right to compensation. Consulting with an attorney soon after the accident can help ensure that you meet deadlines, preserve evidence, and protect your legal rights to compensation.

Q: How Long Do You Have to File an Accident Report in Iowa?

A: In Iowa, you must report an accident within 72 hours of occurrence if there is an injury, death, or damage over $1,500. This report can be submitted to the Iowa Department of Transportation. Mason City’s Iowa DOT location is at 2570 4th Street. However, if law enforcement responds to the accident, they will take care of reporting. It’s still important to follow up and be sure the report was filed to avoid any complications with insurance claims.

Q: Is There a Time Limit to File an Insurance Claim?

A: Most insurance companies require policyholders to file claims soon after the accident. However, some may allow for additional time for various circumstances. Delays in filing can result in claim denial, so it’s important to review your individual policy to gather the specifics on filing deadlines. Also, make sure you follow legal statutes of limitations if you plan to pursue a personal injury claim for the strongest chance of success.

Q: What Is the Statute of Limitations on a Car Accident in Iowa?

A: The statute of limitations in Iowa for a car accident injury is two years. Property damage claims go up to five years. If you miss the deadlines, your case will likely be dismissed, causing you to lose out on compensation. Exceptions apply for government vehicles and cases involving minors. A Mason City personal injury lawyer can help ensure you meet all necessary deadlines and help you build a strong personal injury case.

Contact a Mason City Personal Injury Lawyer Today

If you’ve been involved in an accident, you have options. The team at McGuire Law, PLC, can help ensure you meet all deadlines required by your insurance company and Iowa’s personal injury statute of limitations. We work to build a strong case that supports your recovery and gets you the compensation you deserve. Contact us today to schedule a consultation and learn more about how long you have after a personal injury accident to file a claim in Iowa.