A car accident can happen suddenly, and there’s a common misconception that you can file a claim whenever you want. This is not true, and there’s a deadline for most lawsuits before the courts bar you from filing the same case. For crashes, this is the car accident statute of limitations, and there are different rules for each state.
Other types of lawsuits follow a statute of limitations, and you should keep them in mind while filing your claim:
This guide discusses the statute of limitations for car accidents state-by-state and how certain types of crashes affect your deadline to file. For specific legal help, an auto accident attorney can help you maximize your settlement so all your losses are covered. You can sign up for an attorney below or call 888-927-3080.
What is the Statute of Limitations?
The statute of limitations is a deadline courts set for civil and criminal cases to be filed in a certain time period. When caught in a car accident, you can present your case to court so the guilty party can pay for your economic and non-economic damages.
Filing after the statute of limitations causes your case to be “time-barred”, shutting down your claim almost indefinitely. You need to file as soon as possible after your accident to prevent this from happening to your case.
Typically the car accident statute of limitations in your state starts on the date of the accident. For hidden cases, the clock starts when the accident was discovered or should have been discovered.
The Reason for a Statute of Limitations
The reason a statute of limitations exists is to keep evidence fresh during a car accident lawsuit.
Things like determining settlement amounts and assigning liability depends on the memories of the parties involved. Physical evidence may degrade or vanish over a set period of time. There is no trial if there is no usable evidence.
A statute of limitations also prevents people from fearing the threat of a lawsuit years after an event took place. This gives onus to the plaintiff to bring their case in a timely manner, promoting a trial “with unnecessary delay”.
What Happens if I File After The Statute of Limitations?
If you miss the deadline and the car accident statute of limitations passes, the court may dismiss your case entirely. There are certain conditions that may toll the deadline further like property damage and cases involving minors. You need an auto accident attorney to confirm that they apply to you.
Car Accident Statute of Limitations by State
| State | Statutes Listed By State | Property Damage Deadline | Bodily Injury Deadline |
| Alabama | Alabama Code §6-2-38 | 2 Years | 2 Years |
| Alaska | Alaska Stat. § 09.10.070 | 2 Years | 2 Years |
| Arizona | Ariz. Rev. Stat. §12-542 | 2 Years | 2 Years |
| Arkansas | Arkansas Code § 16-56-105 | 3 Years | 3 Years |
| California | Cal. Civ. Proc. Code § 312 et seq. | 3 Years | 2 Years |
| Colorado | Colo. Rev. Stat. §13-80-102 | 3 Years | 3 Years |
| Connecticut | Conn. Gen. State. §52-584 | 2 Years | 2 Years |
| Delaware | Del. Code Ann. Title 10, §8119 | 2 Years | 2 Years |
| Florida | Fla. Stat. Ann. §95.11 | 4 Years | 4 Years |
| DC | D.C. Code § 12-301 | 3 Years | 3 Years |
| Georgia | Ga. Code Ann. § 9-3-32 | 4 Years | 2 Years |
| Hawaii | Haw. Rev. Stat. §657.7 | 2 Years | 2 Years |
| Idaho | Idaho Code §5-219 | 3 Years | 2 Years |
| Illinois | Ill. Ann. State. Ch. 735, Art. 5, §13-202 | 5 Years | 2 Years |
| Indiana | Ind. Code § 34-11-2-4 | 2 Years | 2 Years |
| Iowa | Iowa Code Ann. §614.1 | 5 Years | 2 Years |
| Kansas | Kan. Stat. Ann. §60-513 | 2 Years | 2 Years |
| Kentucky | Ky. Rev. Stat. §413.140 | 2 Years | 1 Years |
| Louisiana | La. Civ. Code Ann. Art. §3492 | 1 Years | 1 Years |
| Maine | Maine Rev. Stat. Ann. Title 14, Ch. 205, §752 | 6 Years | 6 Years |
| Maryland | Md. Ann. Code §5-101 | 3 Years | 3 Years |
| Massachusetts | Mass. Gen. Laws, Art. 260, §2A, 4 | 3 Years | 3 Years |
| Minnesota | Minnesota Statutes § 541.07(1) | 2 Years | 2 Years |
| Michigan | Mich. Comp. Laws § 600.5801 et seq. | 3 Years | 3 Years |
| Mississippi | Miss. Code Ann. §15-1-49 | 3 Years | 3 Years |
| Missouri | Missouri Ann. Stat. Title 35, §516.120 | 5 Years | 5 Years |
| Montana | Mont. Code Ann. §27-2-204, 27-2-207 | 2 Years | 3 Years |
| Nebraska | Neb. Rev. Stat. §25-207 | 4 Years | 4 Years |
| Nevada | Nev. Rev. Stat. §11.190 | 3 Years | 2 Years |
| New Hampshire | N.H. Rev. State. §508.4 | 3 Years | 3 Years |
| New Jersey | N.J. Stat. Ann. § 2a:14-1 et seq. | 6 Years | 6 Years |
| New Mexico | N.M. Stat. Ann. §37-1-8 | 4 Years | 3 Years |
| New York | N.Y. Civ. Prac. R. §214 | 3 Years | 3 Years |
| North Carolina | N.C. Gen. Stat. §1-52 | 3 Years | 3 Years |
| North Dakota | N.D. Cent. Code § 28-01-16 | 6 Years | 6 Years |
| Ohio | Ohio Rev. Code 2305.10 | 4 Years | 4 Years |
| Oklahoma | Okla. Stat. Ann. Title 12, §95 | 2 Years | 2 Years |
| Oregon | Ore. Rev. Stat. §12.110 | 6 Years | 2 Years |
| Pennsylvania | 42 Pa. Cons. Stat. §5524 | 2 Years | 2 Years |
| Rhode Island | R.I. Gen. Laws §9-1-14 | 10 Years | 3 Years |
| South Carolina | S.C. Code Ann. §15-3-530 | 3 Years | 3 Years |
| South Dakota | SD Codified L § 15-2-14 | 6 Years | 3 Years |
| Tennessee | Tenn. Code Ann. §28-3-104 | 3 Years | 1 Years |
| Texas | Tex. Civ. Prac. & Rem. Code § 16.001 et seq. | 2 Years | 2 Years |
| Utah | Utah Code Ann. §78-12-28 | 3 Years | 4 Years |
| Vermont | 12 V.S.A. § 512 | 3 Years | 3 Years |
| Virginia | Va. Code 8.01-243 | 5 Years | 2 Years |
| Washington | Wa. Rev. Code Ann. §4.16.080 | 3 Years | 3 Years |
| West Virginia | W. Va. Code §55-2-12 | 2 Years | 2 Years |
| Wisconsin | Wisc. Stat. Ann. §893.54 | 6 Years | 3 Years |
| Wyoming | Wy. Stat. Ann. §1-3-105 | 4 Years | 4 Years |
Exceptions to Your Car Accident Statute of Limitations
There are exceptions to the statute of limitations you should know about when filing a car accident claim. These exceptions temporarily toll the deadline until regular conditions are met, all of which change from state-to-state. Consult with an attorney to know whether your state’s tolling laws apply to your case.
- The plaintiff is a minor under 18 years old
- The plaintiff is mentally-incapable of filing a lawsuit
- The defendant either dies or moves out of state
- An agreement between plaintiff and defendant to toll the statute of limitations further
- The state is at-war or a member of the lawsuit is on military service
There may be more exceptions to statute of limitations depending on your state, so consulting with an attorney is important. Below are accidents that may reduce your statute of limitations further.
Car Accidents Statute of Limitations Involving a Government Entity
If there is a car accident involving a government entity, there is a shorter deadline to file a claim. Some states like Illinois require you to file in the same deadline, but you have to notify the Court of Claims and the State Attorney General within one year.
There are states like California that shorten the statute of limitations to six months if you hit a government vehicle. Each state’s statute of limitation laws for car accidents are different, so make sure you’re following your state’s filing requirements.
Car Accident Statute of Limitations Claims Under Dram Shop Laws
Most states follow established dram shop laws that hold establishments liable if they let drunk patrons drive, causing an accident. Most states allow you to file a car accident claim within 60 days.
Find Out If Your Case Qualifies for Compensation
It’s tragic to see a claim attempting to enact justice for a traumatic car accident get barred from court. You don’t have to face that consequence if you file as soon as possible while working with an expert attorney.
If you have trouble finding local, reliable representation, LegalASAP’s 500+ law firms around the United States are ready to help. If you’re ready to reach out, call 888-927-3080 or fill out this short evaluation form below:
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Jan Reburiano is a content writer and SEO specialist for law firms focusing on personal injury, disability, employment law, among other practices. He has written and edited numerous articles and created commercial spots for broadcasters that you can find in his LinkedIn. Jan currently lives in Los Angeles, California while writing for clients from around the United States.
