Statute of Limitations for Car Accidents by State

If you’ve been in a car accident, one of the most important legal rules to know is how long you have to take action. This filing deadline — called the statute of limitations — determines the window in which you can pursue compensation through a claim or lawsuit.

Missing this deadline could mean losing your right to recover medical expenses, lost wages, or vehicle repair costs. This guide explains what the statute of limitations means, how it varies by state, and why acting quickly protects your case.

Disclaimer:
The information provided in this blog post is intended for general informational purposes only and does not constitute legal advice. The statute of limitations for car accidents can vary depending on the specific circumstances of your case, including the nature of your injuries, the state where the accident occurred, and any applicable exceptions or extensions. It is essential to consult with a licensed attorney in your jurisdiction to obtain accurate and personalized advice regarding the statute of limitations in your specific case. Please note that laws can change, and it is always recommended to consult with an attorney to ensure you have the most up-to-date information.

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What Is the Statute of Limitations?

The statute of limitations sets the maximum amount of time you have to file a lawsuit after a car crash. These laws ensure claims are made while evidence and witness accounts remain fresh. 

In most U.S. states, the statute of limitations for car accident lawsuits is 2–3 years from the date of the crash. Some states allow as little as 1 year or as long as 6 years, depending on the case type and local law.

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State-Specific Statute of Limitations for Car Accidents

Each state sets its own time limits to file accident claims, shaped by its legislative priorities and values.  Each state sets its own filing deadlines. On average, you’ll have around two years to file a personal injury claim, but some states give you much less or more time.

While these are the general timeframes, it's essential to consult with an attorney in your specific state to confirm the exact statute of limitations and any potential exceptions that may apply to your case. Please note that these time limits can depend on whether your claim is for injuries or property damages.

To illustrate the variations in state laws, here are some examples of statutes of limitations for accident claims:

States with a Two-Year Statute of Limitations: Many states, including Arizona, Alaska, and Texas, have a two-year statute of limitations for both personal injury and property damage claims arising from motor vehicle accidents.

States with a Three-Year Statute of Limitations: Some states, such as New York, Michigan, and Arkansas, have a three-year statute of limitations for both personal injury and property damage claims.

States with a Four-Year Statute of Limitations: Florida and Nebraska have a four-year statute of limitations for car accident claims.

States with a Five-Year Statute of Limitations: Missouri has a five-year statute of limitations for car accident claims.

States with a Six-Year Statute of Limitations: North Dakota has a six-year statute of limitations for injury claims, including 2 years for wrongful death.

Statutes can also differ for property damage, wrongful death, or government vehicle cases. For example, claims involving a city bus or state vehicle may require notice within 60–180 days.

For a more comprehensive overview of the statute of limitations by state, you can refer to this helpful resource: Link to Forbes Car Accident Statute of Limitations Blog

Key Points to Remember

• The statute of limitations sets a deadline for filing a lawsuit after a car accident.
• In most states, the time limit ranges from 2-4 years.
• The clock typically starts running on the date of the accident.
• Failing to file within the statute of limitations will likely result in your case being dismissed.
• Some states have different time limits for personal injury claims versus property damage claims.

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Factors That Can Extend or Pause the Deadline

In some situations, the statute of limitations can be “tolled”, meaning paused or extended. Common examples include:

• The injured person is a minor or mentally incapacitated.
  
  
• The defendant leaves the state after the accident.
  
  
• The injury wasn’t immediately discovered, such as internal trauma.
  
  
• The claim involves a government agency, which may require earlier notice.
  
  

These rules vary by state, so it’s crucial to confirm your exact timeline with a car accident attorney familiar with your jurisdiction.

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Why It’s Important to Act Quickly

Even if you’re still receiving medical care, it’s wise to contact a personal injury attorney as soon as possible. Acting early can:

• Preserve critical evidence before it disappears.
  
  
• Strengthen negotiations with insurance companies.
  
  
• Avoid missing the deadline that could end your case before it begins.
  
  

Delays in gathering medical records, witness statements, or police reports can easily push you past the filing limit — especially if liability is disputed.

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What Happens If You Miss the Statute of Limitations?

If you file a lawsuit after the deadline, courts will almost always dismiss the case. Exceptions exist only in limited circumstances, such as when the injury wasn’t immediately discovered or the at-fault driver was out of state.

Even if you’re negotiating with an insurance company, that does not stop the statute of limitations from running out. The law applies only to lawsuits — not insurance claims.

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Quick Summary

• Most states: 2–3 years to file
  
  
• Short deadlines: 1 year (Tennessee, Louisiana)
  
  
• Long deadlines: Up to 6 years (Maine, North Dakota)
  
  
• Exceptions: Minors, hidden injuries, government claims
  
  

Act early to preserve your rights and evidence

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How to Check Your State’s Filing Deadline

You can look up your state’s civil filing laws on official government websites or contact a personal injury lawyer. Since these laws can change, always verify before filing.

Lawfty’s nationwide motor vehicle accident attorneys help clients understand deadlines, gather documentation, and take timely action.

It's also highly advisable to consult with a personal injury attorney early on. Their legal expertise is crucial for understanding the complexities of car accident claims. An attorney will assess your situation, navigate your state's legal procedures, and make sure all necessary actions are completed within the required deadlines.

By implementing these steps, you not only improve your likelihood of obtaining just compensation but also bolster your case in the face of possible challenges. For a detailed guide on navigating the aftermath of an accident, read our blog on What to do immediately after an accident.

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Get Help Before Time Runs Out

If you’re unsure how long you have to file a claim, don’t wait until it’s too late.
Lawfty connects you with experienced car accident lawyers who can review your case and ensure every step is filed within the legal deadline.

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FAQs

How long after a car accident can you file a claim?
In most states, you have 2–3 years from the date of the crash to file a personal injury lawsuit. Property damage claims may have different deadlines.

Does filing an insurance claim stop the statute of limitations?
No. The statute applies only to lawsuits. You must still file your claim before the deadline even if insurance negotiations are ongoing.

Why do some states have longer deadlines?
Each state legislature sets its own laws balancing fairness to victims with the need for timely claims. States with longer periods often allow extra time for complex or latent injuries.

Can you sue after the deadline passes?
Generally, no. The court will dismiss the case unless a valid exception applies, such as late discovery of injury or the defendant leaving the state.

How can a car accident attorney help?
An attorney ensures your claim is filed on time, gathers evidence, negotiates settlements, and advises on whether to pursue a lawsuit.

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