The Statute of Limitations for Car Accident Claims in All 50 States

You were in a car accident. Maybe it happened last month. Maybe it happened six months ago. Either way, you are still fighting with the insurance company. Amid all of that, there is a deadline you may not even know exists. That deadline is called the statute of limitations., and it sets the maximum amount of time you have to file a lawsuit against the person who caused your crash. Miss it, and the court will almost certainly dismiss your case, regardless of how strong your evidence is or how serious your injuries are.

Key Takeaways

✓ Car accident filing deadlines range from one year to six years. Two years is the national average where most states fall.
✓ Filing an insurance claim does not pause your deadline. The clock runs independently, and missing it eliminates your right to sue.
✓ Government entity claims, wrongful death, and minor victims often carry shorter or different deadlines. Confirm yours with an attorney immediately after any crash.

What Is a Statute of Limitations?

A statute of limitations is a state law that sets a hard deadline for filing a civil lawsuit. Once that window closes, it becomes extremely unlikely that a court will hear the case. This is true even if the other driver was completely at fault and even if your medical bills are still mounting.

For car accidents, the clock typically starts on the date of the wreck. There are exceptions (covered below), but the crash date is where most people should start counting.

Filing a lawsuit is not the same as filing an insurance claim. Reporting your accident to your insurer does not pause or reset the statute of limitations.

Negotiations with an adjuster do not pause it either. The legal deadline runs in the background whether or not you are in settlement talks.

If the deadline expires while an offer is still on the table, the insurer has no reason to settle at all. In fact, sometimes insurers bank letting this clock run out so that your leverage disappears. This is why it’s important to know this deadline and to take action quickly if you have been injured in a crash.

Rules That Apply in Most States

Every state has its own statute of limitations, but several common rules appear across most of the country. Here are a few of them:

The Discovery Rule

Most car accident injuries are obvious on the day of the crash. But some are not. Traumatic brain injuries, internal injuries, and certain soft tissue conditions can take days or weeks to fully surface.

The discovery rule allows the statute of limitations to start from the date you discovered your injury rather than the date of the accident. This applies in situations where the injury was not and could not reasonably have been detected right away.

This rule does not apply universally to all car accident claims and is interpreted differently across states. Do not assume it applies to your situation without speaking to an attorney.

Minors

In most states, the statute of limitations is paused, or “tolled,” when the injured person is a minor. The clock does not begin running until the child turns 18, at which point the standard filing window opens.

There are meaningful exceptions. In states like Connecticut, Kansas, Idaho, Ohio, and Tennessee, tolling for minors is limited or does not apply in the same way. Parents and guardians in those states should not assume their child has extra time.

Claims Against Government Entities

If your accident involved a government vehicle, a government employee, or a road defect on public property, shorter deadlines apply. Many states require a formal notice of claim with the government entity within 60 to 180 days of the accident.

That notice window runs separately from the standard statute of limitations. Missing it can bar your claim entirely, even if the general filing deadline has not yet expired.

Wrongful Death

When a car accident results in a fatality, the statute of limitations for a wrongful death claim typically runs from the date of death rather than the date of the crash.

That distinction is important if a victim survives the accident but dies of their injuries days or weeks later. Families in that situation may have more time than they realize, but the exact rule varies by state.

Out-of-State Defendants

In many states, the statute of limitations is paused while the at-fault driver is outside the state. The idea is that absence can make it difficult to serve them with legal papers.

Once the defendant returns, the clock resumes. This provision is used less often today, because legal mechanisms allow service across state lines, but it remains on the books in most states.

One-Year States: Where You Must Act Quickly

Two states set their car accident lawsuit deadline at just one year. That is a short window by any standard. Between medical treatment, insurance negotiations, and recovery, the first year after a serious crash can disappear quickly.

Tennessee

Under Tenn. Code Ann. § 28-3-104, most car accident claims (as well as general injury and wrongful death claims) must be filed within one year of the injury date. If the defendant also faces criminal charges for the same incident — such as a DUI — the civil limit may extend to two years. Government entity claims can have notice requirements as short as 60 days.
Louisiana*

Accidents occurring prior to July 1, 2024 are subject to a one-year statute of limitations. Louisiana also uses different legal terminology, calling these deadlines "prescriptive periods" rather than statutes of limitations. *Louisiana extended their statute of limitations deadline to two years for accidents occurring on or after July 1, 2024 under Act 423 (HB 315).

Two-Year States: The National Standard

Alabama	Kansas
Alaska	Kansas
Arizona	Kentucky
California	Minnesota
Connecticut	Nevada
Delaware	New Jersey
Florida	Ohio
Georgia	Oklahoma
Hawaii	Oregon
Idaho	Pennsylvania
Illinois	Texas
Indiana	Virginia
Iowa	Louisiana*

The majority of states set their car accident lawsuit deadline at two years. But two years is not as long as it sounds, particularly in cases with serious injuries, ongoing treatment, or disputed liability.

The full list of two-year states includes 25 states. Louisiana joins this group as the 26th for accidents occurring on or after July 1, 2024.

That being said, several of these states have notable rules that affect how, when, or against whom the two-year clock runs.

California

California’s two-year rule under Code of Civil Procedure § 335.1 applies to car accident injury claims against private parties. But if your accident involved a government vehicle, a city bus, or a county employee, the timeline compresses sharply.

Under the California Tort Claims Act (Government Code § 911.2), you must file a formal administrative claim with the government entity within six months of the accident. If the entity denies the claim, you then have six more months to file suit. California also allows three years to sue for property damage alone, separate from personal injury.

Florida

Florida made one of the most significant statutory changes in recent history when Governor DeSantis signed House Bill 837 on March 24, 2023. That law cut the personal injury statute of limitations (codified at Florida Statutes § 95.11) from four years to two years for all negligence-based claims accruing on or after that date.

The law also switched Florida from a pure comparative negligence system to a modified one. Under the old rule, a plaintiff who was even 99% at fault could still recover a portion of damages. Under the new rule, any plaintiff found more than 50% at fault cannot recover anything.

Both changes significantly favor defendants and insurers. Anyone injured in a Florida car accident on or after March 24, 2023 should assume they have exactly two years.

Hawaii

Hawaii’s laws are almost the polar opposite of Florida’s: significantly more in the favor of claimants and injury victims.

Hawaii’s car accident tort lawsuit deadline is two years from the date of the crash under HRS § 431:10C-315. But the law adds an important extension: if motor vehicle insurance benefits or workers’ compensation payments are still being made after the crash, the deadline shifts to two years after the final payment, whichever is later.

This means the two-year window does not always start on the day of the accident. If your insurer or an employer’s workers’ comp carrier is still paying benefits months after the crash, your filing window may not open until those payments stop. The practical effect is that Hawaii accident victims receiving ongoing benefits often have more time to sue than the standard two-year rule would suggest.

New Jersey

New Jersey’s two-year deadline comes with an important condition for claims involving government entities. Under the New Jersey Tort Claims Act, you must file a Notice of Claim with the appropriate government entity within 90 days of the accident.

That 90-day notice window is far shorter than the general two-year filing period. It applies any time a government vehicle, employee, or agency is involved in your crash.

Kentucky

Kentucky is the one state where a separate motor vehicle statute gives car accident victims more time than the general personal injury deadline. Under the Motor Vehicle Reparations Act (KRS § 304.39-230), car accident injury claims carry a two-year deadline. That clock runs from the date of the accident or the date of the last Personal Injury Protection (PIP) benefit payment, whichever is later.

Kentucky is a no-fault auto insurance state, so ongoing PIP payments can extend the filing window. Recent Kentucky Supreme Court decisions have also added nuance to exactly when the two-year rule applies. Anyone injured in a Kentucky crash should consult an attorney promptly.

Most other personal injury claims in Kentucky carry a one-year deadline under KRS § 413.140, including slip and falls, dog bites, and similar claims.

Texas

Texas follows the two-year rule under Texas Civil Practice and Remedies Code § 16.003. For most car accidents, the clock starts on the date of the crash and applies equally to personal injury and wrongful death claims.

When the at-fault party is a government entity, a separate set of rules applies under the Texas Tort Claims Act (§ 101.101). Claimants must provide written notice within six months of the accident before they can file suit.

Damages against government entities are capped: $250,000 per person and $500,000 per occurrence for personal injury, and $100,000 per person and $300,000 per occurrence for property damage. Texas also uses modified comparative fault, meaning a plaintiff more than 50% responsible for the crash cannot recover any damages.

Three-Year States: A Bit More Breathing Room

Sixteen states set their car accident lawsuit deadline at three years: Arkansas, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and Wisconsin. Colorado also belongs in this group, for reasons explained below.

That extra year gives more time for injuries to fully develop and treatment to conclude before any legal action is required. However, three years can still go by quickly, especially in cases involving catastrophic injuries, disputed liability, or complex insurance coverage.

New York

New York’s three-year window comes with a complicated set of rules for claims against government entities. If your accident involved a New York City agency or any of its employees, you must file a Notice of Claim within 90 days of the accident. After that, you have one year and 90 days from the date of the accident to file the lawsuit itself. That is shorter than the standard three-year window.

Claims against the State of New York must be filed in the Court of Claims, a separate specialized court.

These requirements catch a significant number of New York accident victims off guard. Many assume they have the full three years and miss the shorter government deadline entirely.

Wisconsin

Wisconsin generally follows a three-year rule for car accident injury claims. But when a crash results in a wrongful death, the deadline shortens to two years for that wrongful death claim specifically. That means a family may have three years to pursue compensation for the victim’s injuries but only two years to file the wrongful death action.

Michigan

Michigan applies a three-year deadline to the tort lawsuit against the at-fault driver, under MCL § 600.5805. This covers pain and suffering, excess medical costs, and other crash-related damages.

Michigan is a no-fault state, and a one-year deadline is sometimes cited for Michigan car accident cases. That figure comes from MCL § 500.3145, which governs No-Fault PIP insurance benefit claims filed with your own insurer — an administrative process separate from the tort lawsuit. The two deadlines run in parallel after a crash, and missing either one has consequences. But they are not the same deadline, and the tort lawsuit window is three years.

Colorado

Colorado is the one state where the car accident statute of limitations is explicitly longer than the general personal injury deadline.

Most personal injury claims in Colorado carry a two-year deadline. But under C.R.S. § 13-80-101, bodily injury and property damage claims arising from the use or operation of a motor vehicle carry a three-year deadline. Colorado also extends the wrongful death deadline to four years when the death resulted from a hit-and-run driver.

Four Years & Up States

Four states give car accident victims four years to file, and one gives five. Two states stand apart from the rest of the country with six-year statutes of limitations for car accident claims. Here are the states that offer some of the most victim-friendly laws in the country.

Nebraska

Four Years

Nebraska applies a four-year statute of limitations to personal injury claims, including car accidents, under Neb. Rev. Stat. § 25-207.
Utah

Four Years

Utah gives car accident victims four years to file under its general personal injury statute. The state uses modified comparative fault, so a plaintiff found 50% or more at fault for the crash cannot recover any damages.
Wyoming

Four Years

The Wyoming Governmental Claims Act imposes separate notice requirements and shorter deadlines for suits against the state or local government. Claimants must navigate an administrative process before filing suit.
Missouri

Five Years

Missouri stands alone as the only state with a five-year statute of limitations for personal injury claims, including car accidents.
Maine

Six Years

Maine provides six years to file a personal injury lawsuit under Me. Rev. Stat. tit. 14, § 752. That six-year window also applies to a personal injury claim an injured survivor brings for their own damages, but it does not extend to wrongful death claims. When a car accident in Maine results in a fatality, the family's wrongful death action falls under a separate statute — Me. Rev. Stat. tit. 18-C, § 2-807 — which carries a shorter three-year deadline unless the victim lost their life due to homicide.
North Dakota

Six Years

North Dakota provides a six-year window for personal injury claims under N.D. Cent. Code § 28-01-16. However, wrongful death claims carry a much shorter two-year deadline running from the date of death, under § 28-01-18.

All 50 States At-A-Glance

State	General Limit	Special Notes
Alabama	2 years	Contributory negligence: any fault on plaintiff bars recovery entirely. Municipal claims require written notice within 6 months of injury.
Alaska	2 years	Standard discovery rule applies. Clock tolled for minors until age of majority.
Arizona	2 years	Claims against government entities require a Notice of Claim within 180 days of injury (A.R.S. § 12-821.01).
Arkansas	3 years	Standard rules apply. Wrongful death also carries a 3-year deadline.
California	2 years	Government entity claims require a tort claim within 6 months (Govt. Code § 911.2). Property damage: 3 years.
Colorado	3 years	Motor vehicle bodily injury and property damage claims carry 3 years under C.R.S. § 13-80-101 — longer than the general 2-year personal injury rule. Wrongful death involving a hit-and-run: 4 years.
Connecticut	2 years	Limited tolling for minors; parents should not assume standard minor protections apply.
Delaware	2 years	Extended to 3 years if the injury was not discoverable within the standard 2-year window.
Florida	2 years	Reduced from 4 years to 2 years by HB 837, effective March 24, 2023 (applies only to accidents on/after that date). Also shifted to modified comparative negligence: plaintiffs more than 50% at fault cannot recover.
Georgia	2 years	Property damage: 4 years. Standard discovery rule applies.
Hawaii	2 years	Unique rule: 2 years from crash date, or 2 years after the last motor vehicle insurance or workers' compensation payment — whichever is later (HRS § 431:10C-315).
Idaho	2 years	Limited tolling for minors.
Illinois	2 years	Some claim types vary under 735 ILCS 5/13-212. Government claims subject to shorter notice periods.
Indiana	2 years	Government entity claims may require notice within 180 days.
Iowa	2 years	Standard rules apply.
Kansas	2 years	Limited tolling for minors.
Kentucky	2 years	General personal injury: 1 year (KRS § 413.140). Motor vehicle injury: 2 years (KRS § 304.39-230), running from date of accident or last PIP payment, whichever is later. No-fault insurance state.
Louisiana	1 year (before July 1, 2024) / 2 years (on/after July 1, 2024)	Changed by Act 423, effective July 1, 2024. Uses "prescriptive period" terminology. Wrongful death: still 1 year from date of death. Government claims subject to damage caps.
Maine	6 years	6 years for personal injury (Me. Rev. Stat. tit. 14, § 752). Wrongful death carries a separate, shorter deadline under Me. Rev. Stat. tit. 18-C, § 2-807
Maryland	3 years	Earlier of 5 years from injury date or 3 years from date of discovery.
Massachusetts	3 years	Standard rules apply.
Michigan	3 years	Standard discovery rule applies.
Minnesota	2 years	Property damage: 6 years. Wrongful death: 3 years.
Mississippi	3 years	Government entity exceptions apply. Standard discovery rule.
Missouri	5 years	Only state with a 5-year deadline. Most plaintiff-favorable standard window in the country.
Montana	3 years	Standard rules apply.
Nebraska	4 years	Standard rules apply under Neb. Rev. Stat. § 25-207.
Nevada	2 years	Standard rules apply.
New Hampshire	3 years	Standard rules apply.
New Jersey	2 years	Government claims: Notice of Claim required within 90 days under the NJ Tort Claims Act.
New Mexico	3 years	Government claims subject to shorter notice requirements.
New York	3 years	NYC/city agency claims: Notice of Claim within 90 days; lawsuit within 1 year and 90 days. State claims must be filed in the Court of Claims.
North Carolina	3 years	Standard rules apply.
North Dakota	6 years	Wrongful death: 2 years from date of death (§ 28-01-18). Six-year injury clock and two-year wrongful death clock can run simultaneously.
Ohio	2 years	Limited tolling for minors.
Oklahoma	2 years	Standard rules apply.
Oregon	2 years	Government entity claims require notice within 180 days of injury.
Pennsylvania	2 years	Government claims subject to the Political Subdivision Tort Claims Act and Sovereign Immunity Act, with notice requirements and damages caps.
Rhode Island	3 years	Standard rules apply.
South Carolina	3 years	Standard rules apply.
South Dakota	3 years	Standard rules apply.
Tennessee	1 year	Applies to car accidents, wrongful death, and most other injury claims. If defendant faces criminal charges for the same incident (e.g., DUI), civil limit may extend to 2 years. Government notice requirements: as short as 60 days.
Texas	2 years	Tex. Civ. Prac. & Rem. Code § 16.003. Government entity claims under the Texas Tort Claims Act require written notice within 6 months. Damages against government entities are capped. Modified comparative fault: plaintiffs over 50% at fault cannot recover.
Utah	4 years	Modified comparative fault: plaintiffs 50% or more at fault cannot recover.
Vermont	3 years	The later of 3 years from incident or 2 years from discovery of injury.
Virginia	2 years	Virginia Tort Claims Act governs claims against state and local government, with notice requirements.
Washington	3 years	Later of 3 years from the act or 1 year from discovery of the injury.
West Virginia	2 years	Standard rules apply.
Wisconsin	3 years	Wrongful death arising from a motor vehicle accident: 2 years (shorter than the general 3-year rule). Property damage from a car accident: 3 years.
Wyoming	4 years	Wyoming Governmental Claims Act imposes separate notice requirements and shorter deadlines for suits against state or local government.

The table above summarizes the car accident lawsuit filing deadline for all 50 states. This data is current as of mid-2025 and is provided as a reference, not legal advice. Laws can change, and individual circumstances affect how these deadlines apply to any specific case.

Contact an Attorney Today

If you have been injured in a car accident, the best time to take action is right away. Even if your accident was recent and you’re still learning the extent of your injuries, seeking counsel early on in the process can keep your case on track and help you avoid missing this critical deadline.

For those in short-deadline states, reach out to a qualified and experienced representative right away to start discussing your options. One year is an extremely short period, so it’s easy to fall behind and put your case at risk. Even two years can pass quickly, especially with the ebbs and flows of recovery.

If you were injured in a wreck in Texas, Angel Reyes & Associates can help. With over 30 years of experience and more than $1 billion recovered for clients, we have built a reputation as tenacious, strategic, and fearless advocates for our clients. We serve clients throughout the state from our more than 20 office locations, and offer a convenient process that handles most, if not all of your case remotely.

Start reviewing your options today by contacting us for a free, no-obligation consultation.

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The information contained within this page is purely for educational purposes and is subject to change as legislation within individual states changes. This information is not legal advice and does not constitute or imply an attorney-client relationship. Past results do not guarantee future success. All case-specific questions should be directed to a qualified and licensed attorney authorized to practice in the state in which your accident occurred.