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After a car accident, how long can a claim stay open?

Charleston, WV |

After a year of trying to negotiate my claim, I am wondering if there are any hidden penalties or something I should know about? I am still trying to work through my claim but I’m concerned there could be something I’m missing that may cost me. And don’t they start to sweat it if the claim has been open for a long period of time??

Thanks for the help!

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Attorney answers 4


In West Virginia, you have 2 years from the date of accident to file a complaint in court against the at fault party for your injuries. Otherwise, your claim is barred forever. Leaving the case open may or may not have any affect on the company you are negotiating with. If it feels strongly about its position, there may be no change.

The information provided is based solely on the question and facts presented. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


There are time deadlines which vary from state to state. You should really contact a lawyer from Avvo in your city to resolve this and protect your interests.

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S.O.L. varies from state to state. It is best to consult an attorney in your area.


As one responder indicated, you have two years in West Virginia to file suit for an injury claim such as this. The time period begins from the date of the injury and runs for two calendar years, including all weekends and holidays. I handle injury claims and suits everywhere in West Virginia and would be happy to speak with you about your claim and the options available to you.

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