Compare car accident lawsuit filing deadlines across all 50 states and Washington, D.C. Learn how long you may have to file an injury lawsuit, when deadlines begin, and which legal exceptions may apply.
last reviewed October 27, 2026
The statute of limitations for a car accident is the legal deadline for filing a lawsuit arising from the crash. There is no single nationwide deadline. Each state sets its own limitation periods, and most ordinary injury deadlines fall between one and six years. Bodily injury and vehicle damage claims may carry separate deadlines. Claims against government entities often require a formal notice much sooner. Exceptions involving minors, delayed discovery, or an absent defendant may affect when a deadline starts or expires.
After a crash, most people focus on medical care, repairs, and insurance calls. But every car accident lawsuit is subject to a legal clock. The car accident statute of limitations is set by state law, and it varies widely: from one year in Tennessee to six years in Maine, Minnesota, and North Dakota. Injury claims, vehicle damage claims, wrongful death claims, and claims against government agencies can each follow different rules. This guide compares the general deadlines in every state and explains the rules that can change them.
The table below lists the general car accident statute of limitations by state for ordinary negligence lawsuits against a private driver. It does not cover government defendants, wrongful death, or first-party insurance claims, which may have separate rules.
| State | Car Accident Injury Lawsuit Deadline | Property Damage Lawsuit Deadline | Official Statutory Reference |
|---|---|---|---|
| Alabama | 2 years | 2 yearsA 6-year period may apply to certain direct trespass claims. | Ala. Code § 6-2-38(l); § 6-2-34 |
| Alaska | 2 years | 2 years | Alaska Stat. § 09.10.070 |
| Arizona | 2 years | 2 years | Ariz. Rev. Stat. § 12-542 |
| Arkansas | 3 years | 3 years | Ark. Code Ann. § 16-56-105 |
| California | 2 years | 3 years | Cal. Civ. Proc. Code § 335.1 (injury); § 338(c) (property) |
| Colorado | 3 yearsMotor-vehicle-specific period; most other torts are 2 years. | 3 years | Colo. Rev. Stat. § 13-80-101(1)(n) |
| Connecticut | 2 yearsGenerally from injury or discovery; 3-year outer limit from the act. | 2 years | Conn. Gen. Stat. § 52-584 |
| Delaware | 2 years | 3 years | Del. Code tit. 10, § 8119 (injury); § 8106 (property) |
| Florida | 2 yearsFor negligence claims accruing after March 24, 2023; 4 years for earlier claims. No-fault (PIP) state. | 2 yearsNegligence period; a separate 4-year provision for injuring personal property exists. Confirm which applies. | Fla. Stat. § 95.11 (as amended by Ch. 2023-15, Laws of Fla.) |
| Georgia | 2 years | 4 years | O.C.G.A. § 9-3-33 (injury); § 9-3-31 (personalty) |
| Hawaii | 2 yearsMotor vehicle tort suits: 2 years from the accident or last PIP payment, whichever is later. No-fault state. | 2 years | Haw. Rev. Stat. § 657-7; § 431:10C-315 |
| Idaho | 2 years | 3 years | Idaho Code § 5-219(4) (injury); § 5-218 (property) |
| Illinois | 2 years | 5 years | 735 ILCS 5/13-202 (injury); 5/13-205 (property) |
| Indiana | 2 years | 2 years | Ind. Code § 34-11-2-4 |
| Iowa | 2 years | 5 years | Iowa Code § 614.1(2) (injury); § 614.1(4) (property) |
| Kansas | 2 years | 2 years | Kan. Stat. Ann. § 60-513(a) |
| Kentucky | 2 yearsUnder the Motor Vehicle Reparations Act: 2 years from injury or last PIP payment, whichever is later. General injury claims outside the Act: 1 year. | 2 years | Ky. Rev. Stat. § 304.39-230(6); § 413.125; § 413.140 |
| Louisiana | 2 yearsFor delictual actions arising on or after July 1, 2024; 1 year for earlier claims (former art. 3492). | 2 years | La. Civ. Code art. 3493.1 (Acts 2024, No. 423) |
| Maine | 6 years | 6 years | Me. Rev. Stat. tit. 14, § 752 |
| Maryland | 3 years | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 years | 3 years | Mass. Gen. Laws ch. 260, § 2A; § 4 |
| Michigan | 3 yearsNo-fault state; PIP benefit claims follow separate one-year notice and recovery rules. | 3 years | Mich. Comp. Laws § 600.5805(2); § 500.3145 (PIP) |
| Minnesota | 6 yearsNegligence claims. No-fault state. | 6 years | Minn. Stat. § 541.05, subd. 1 |
| Mississippi | 3 years | 3 years | Miss. Code Ann. § 15-1-49 |
| Missouri | 5 yearsBills to shorten this period were proposed in 2025 and 2026; not reflected as enacted as of review. | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Montana | 3 years | 2 years | Mont. Code Ann. § 27-2-204(1) (injury); § 27-2-207(1) (property) |
| Nebraska | 4 yearsA 2025–26 bill to shorten this period was indefinitely postponed. | 4 years | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 years | 3 years | Nev. Rev. Stat. § 11.190(4)(e) (injury); § 11.190(3)(c) (property) |
| New Hampshire | 3 years | 3 years | N.H. Rev. Stat. § 508:4 |
| New Jersey | 2 yearsNo-fault (PIP) state. | 6 years | N.J. Stat. Ann. § 2A:14-2 (injury); § 2A:14-1 (property) |
| New Mexico | 3 years | 4 years | N.M. Stat. Ann. § 37-1-8 (injury); § 37-1-4 (property) |
| New York | 3 yearsNo-fault state; injury suits must meet the “serious injury” threshold. | 3 years | N.Y. C.P.L.R. 214(5) (injury); 214(4) (property) |
| North Carolina | 3 years | 3 years | N.C. Gen. Stat. § 1-52(16) |
| North Dakota | 6 yearsNo-fault state. | 6 years | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 years | 2 years | Ohio Rev. Code § 2305.10(A) |
| Oklahoma | 2 years | 2 years | Okla. Stat. tit. 12, § 95(A)(3) |
| Oregon | 2 years | 6 years | Or. Rev. Stat. § 12.110(1) (injury); § 12.080(4) (property) |
| Pennsylvania | 2 years | 2 years | 42 Pa. Cons. Stat. § 5524(2) (injury); § 5524(7) (property) |
| Rhode Island | 3 years | 10 years | R.I. Gen. Laws § 9-1-14(b) (injury); § 9-1-13(a) (property) |
| South Carolina | 3 years | 3 years | S.C. Code Ann. § 15-3-530 |
| South Dakota | 3 years | 6 years | S.D. Codified Laws § 15-2-14(3) (injury); § 15-2-13 (property) |
| Tennessee | 1 yearMay be 2 years when certain criminal charges are brought against the at-fault driver. | 3 years | Tenn. Code Ann. § 28-3-104(a) (injury); § 28-3-105 (property) |
| Texas | 2 years | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Utah | 4 yearsNo-fault state. | 3 years | Utah Code § 78B-2-307 (injury); § 78B-2-305 (property) |
| Vermont | 3 years | 3 years | Vt. Stat. Ann. tit. 12, § 512(4) (injury); § 512(5) (property) |
| Virginia | 2 years | 5 years | Va. Code Ann. § 8.01-243(A) (injury); § 8.01-243(B) (property) |
| Washington | 3 years | 3 years | Wash. Rev. Code § 4.16.080(2) |
| West Virginia | 2 years | 2 years | W. Va. Code § 55-2-12 |
| Wisconsin | 3 years | 3 yearsMotor-vehicle-specific period; most other property damage claims are 6 years. | Wis. Stat. § 893.54(1m) (injury); § 893.52(2) (vehicle property damage) |
| Wyoming | 4 years | 4 years | Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) |
| Washington, D.C. | 3 years | 3 years | D.C. Code § 12-301(8) (injury); § 12-301(3) (property) |
Important: The deadlines shown are general reference periods for ordinary car accident lawsuits. Special rules may apply based on the jurisdiction, type of claim, identity of the defendant, accrual date, or legally recognized exceptions.
Each statutory reference links to the official state legislature, code, or court website. Some links open the state's statute search page rather than the specific section.
Legal Information Last Reviewed: October 27, 2026
In most states, the clock on a negligence claim starts when the crash causes a legally actionable injury, which is usually the accident date. That is the starting point, not a universal rule. Accrual can depend on the state's statute, when legally recognized harm occurred, whether an injury was reasonably discoverable, the identity of the defendant, and the type of claim. Some no-fault states, such as Kentucky and Hawaii, measure the deadline from the last personal injury protection (PIP) payment when that date is later.
Often, yes. A personal injury claim seeks compensation for bodily injuries caused by another driver's negligence. A property damage claim seeks compensation for vehicle repair, replacement, or other property losses. In states such as Illinois, New Jersey, Oregon, Rhode Island, and Virginia, the property damage deadline is considerably longer than the injury deadline. In Montana it is shorter.
| Claim Type | What It Generally Covers | Filing Considerations |
|---|---|---|
| Car Accident Injury | Physical injuries and related legally recoverable losses | Applicable personal injury or automobile negligence limitation rules |
| Vehicle Property Damage | Vehicle repair, replacement, or other property-related losses | May have a separate filing deadline |
| Wrongful Death | Claims arising from a death caused by the crash | Separate statutory requirements may apply |
| Government Vehicle Accident | Claims involving public entities or employees | Special claim and notice procedures may apply |
| Uninsured Motorist Claim | Potential first-party insurance benefits | Contractual and statutory requirements may differ |
No. Filing an insurance claim is not the same as filing a lawsuit, and it generally does not pause the statute of limitations. Your policy may require prompt notice of an accident, but that is a contractual duty, not a court deadline. Ongoing settlement talks with an adjuster should not be assumed to extend the filing period. In some situations, a written tolling agreement signed by the defendant or a specific statute may change the timeline. Claims under your own policy, such as PIP or uninsured motorist benefits, can follow separate contractual or statutory time limits.
Sometimes, but rarely in ordinary crash cases. Some states delay accrual until a person knew, or reasonably should have known, about an injury and its cause. Because most crash injuries are apparent quickly, courts often apply the discovery rule narrowly in car accident cases, and many require reasonable diligence in seeking diagnosis. Approaches differ by state, and some statutes, like Connecticut's, also impose an outer limit (a statute of repose) that runs regardless of discovery. A delayed diagnosis does not automatically extend the lawsuit deadline.
Tolling and other exceptions are not automatic. They depend on the facts and the specific statute, and courts often interpret them narrowly.
They can. A lawsuit against an identified negligent driver follows the state's ordinary limitation period. When the driver flees and is never identified, there may be no one to sue, so recovery often comes through your own uninsured motorist (UM) coverage. UM and underinsured motorist (UIM) claims are first-party insurance claims that may involve prompt-notice requirements, police-report rules for hit-and-run crashes, contractual limitation periods, and state statutes. A hit-and-run does not automatically extend the statute of limitations, and the UM deadline may differ from the deadline to sue the other driver.
Yes, very often. Crashes involving city, county, or state vehicles, police cars, public buses, or public employees acting within their job duties are usually governed by state tort claims acts. These laws commonly require a written notice of claim within a short window, sometimes as little as several months, before a lawsuit can be filed. Immunity rules and damage caps may also apply. For federal vehicles, the Federal Tort Claims Act (28 U.S.C. § 2401(b)) generally requires an administrative claim to the responsible agency within two years before any lawsuit. Rules vary by government level and state, so these deadlines can expire well before the ordinary injury period.
Wrongful death claims are governed by separate statutes in each state. The limitation period may differ from the ordinary injury deadline, and it often runs from the date of death rather than the date of the crash. State law also controls who may file, such as a personal representative or specific family members. A survival claim for the deceased person's own losses may follow a different timeline. Government defendants add notice requirements.
It depends. The controlling deadline can turn on where the crash happened, where the lawsuit is filed, the forum state's choice-of-law rules, and whether that state has a "borrowing statute" that applies the shorter of two states' deadlines. Courts must also have personal jurisdiction over the defendant. Your home state's law does not automatically apply, and the accident state's deadline does not control every case.
If a lawsuit is filed after the limitation period expires, the defendant can raise the statute of limitations as a defense, and the court will usually dismiss the case if that defense applies. Accrual rules, tolling provisions, or special statutes may change the outcome in some situations. Separate insurance claims, such as PIP or UM benefits, may have their own time limits that run independently.
It depends on the state, the type of claim, and any exceptions. For ordinary injury lawsuits against a private driver, state deadlines range from one year in Tennessee to six years in Maine, Minnesota, and North Dakota. Most states fall between two and three years.
A negligence-based injury claim generally follows the state's personal injury statute or a motor-vehicle-specific statute, such as those in Colorado and Kentucky. Special rules may apply for minors, government defendants, no-fault systems, or delayed discovery.
Property damage deadlines may differ from injury deadlines. They range from two years in states such as Texas and Montana to ten years in Rhode Island. Check the property damage column in the state table above.
Usually, but not always. Most claims accrue when the crash causes a legally recognized injury, typically the accident date. Discovery rules, PIP-payment rules in some no-fault states, wrongful death statutes, and tolling provisions can change the start date.
Generally, no. Reporting an accident or negotiating with an insurer should not be assumed to pause the statute of limitations. Only a valid written tolling agreement or a specific statute would typically change the deadline.
Possibly, if the applicable filing period is long enough or an exception applies. Maine, Minnesota, and North Dakota allow six years for ordinary injury claims, while many states allow only two. Once the deadline passes, a lawsuit is usually barred.
A hit-and-run does not automatically extend the deadline. If the driver is identified, the ordinary limitation period usually applies. If not, recovery may depend on uninsured motorist coverage, which can have its own notice and contractual deadlines.
Many states pause the deadline until the child reaches adulthood or extend it in other ways, but the rules vary. Some states cap the extension, and a parent's own claim for medical expenses may follow a different deadline. Do not assume the full extension applies.
Often, yes. Claims against public entities usually require a formal notice of claim within a short period, sometimes months. Federal vehicle claims generally require an administrative claim within two years under the Federal Tort Claims Act before suit.
Yes. Wrongful death claims are governed by their own statutes, which may set a different limitation period and often start the clock on the date of death rather than the date of the crash. Eligibility rules also vary by state.
Filing deadlines can be shorter and more complicated than they first appear, especially when a government entity, a fatality, or an out-of-state crash is involved. A licensed car accident attorney in the state where the crash occurred can review your dates and confirm the deadline that applies to your claim. If you have a quick question first, you can ask a legal question on FindTheLawyers.
This page provides general legal information about car accident statutes of limitations in the United States. It is not legal advice and does not create an attorney-client relationship. Laws change, and their application depends on specific facts, accrual dates, and court interpretations. Always confirm current deadlines with the official statutes of the relevant jurisdiction or a licensed attorney before relying on this information.
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