Car Accident Statute of Limitations: How Long Do You Have in Your State?
How long do you have to file a car accident lawsuit? See the deadline for all 50 states, the 1-year trap states, and why property damage and injury deadlines differ. Check yours free.
By The LimitationCalc Team · June 19, 2026 · 9 min read
After a crash, the deadline to sue feels like a problem for later. It isn’t. Every state puts a hard time limit on filing a car accident lawsuit, and if you miss it, the court will throw your case out no matter how badly you were hurt or how clearly the other driver was at fault. That window is called the statute of limitations, and it starts running the day of the wreck whether or not you’ve hired a lawyer, finished treatment, or even heard back from the insurance company.
This guide breaks down the car accident statute of limitations by state so you can see exactly how long you have where you live. We cover the short “trap” states where you may have as little as one year, the more common two-to-three-year deadlines, why your injury claim and your vehicle property damage claim can have different deadlines, and how the lawsuit deadline differs from the much shorter windows your insurer sets. None of this is legal advice — it’s general information to help you understand your timeline before it quietly runs out.
Car accident statute of limitations by state
The table below shows the deadline to file a car accident injury lawsuit in each state, along with the governing statute. These are the verified limitations periods — the clock generally starts on the date of the accident.
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 yrs | Ala. Code § 6-2-38 |
| Alaska | 2 yrs | Alaska Stat. § 09.10.070 |
| Arizona | 2 yrs | Ariz. Rev. Stat. § 12-542 |
| Arkansas | 3 yrs | Ark. Code § 16-56-105 |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 3 yrs | Colo. Rev. Stat. § 13-80-102 |
| Connecticut | 2 yrs | Conn. Gen. Stat. § 52-584 |
| Delaware | 2 yrs | Del. Code tit. 10 § 8119 |
| District of Columbia | 3 yrs | D.C. Code § 12-301 |
| Florida | 2 yrs | Fla. Stat. § 95.11(4)(a) |
| Georgia | 2 yrs | Ga. Code § 9-3-33 |
| Hawaii | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 yrs | Idaho Code § 5-219 |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Kansas | 2 yrs | Kan. Stat. § 60-513 |
| Kentucky | 2 yrs | Ky. Rev. Stat. § 413.140 |
| Louisiana | 1 yr | La. Civ. Code art. 3492 (now art. 3493.1, 2-yr eff. 2024) |
| Maine | 6 yrs | Me. Rev. Stat. tit. 14 § 752 |
| Maryland | 3 yrs | Md. Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 yrs | Mass. Gen. Laws ch. 260 § 2A |
| Michigan | 3 yrs | Mich. Comp. Laws § 600.5805 |
| Minnesota | 2 yrs | Minn. Stat. § 541.07 |
| Mississippi | 3 yrs | Miss. Code § 15-1-49 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120 |
| Montana | 3 yrs | Mont. Code § 27-2-204 |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190 |
| New Hampshire | 3 yrs | N.H. Rev. Stat. § 508:4 |
| New Jersey | 2 yrs | N.J. Stat. § 2A:14-2 |
| New Mexico | 3 yrs | N.M. Stat. § 37-1-8 |
| New York | 3 yrs | N.Y. C.P.L.R. § 214 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52 |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12 § 95 |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110 |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Rhode Island | 3 yrs | R.I. Gen. Laws § 9-1-14 |
| South Carolina | 3 yrs | S.C. Code § 15-3-530 |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14 |
| Tennessee | 1 yr | Tenn. Code § 28-3-104 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 4 yrs | Utah Code § 78B-2-307 |
| Vermont | 3 yrs | Vt. Stat. tit. 12 § 512 |
| Virginia | 2 yrs | Va. Code § 8.01-243 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080 |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54 |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105 |
The 1-year trap states
Two states stand out for giving accident victims dramatically less time than everyone else: Louisiana and Tennessee. In both, the historical deadline for a car accident injury claim was just one year from the date of the crash — among the shortest in the country. People who assume they have the “usual” two or three years can lose their entire case before they’ve finished physical therapy.
Louisiana recently changed. For injuries occurring on or after July 1, 2024, the state extended its deadline from one year to two years under La. Civ. Code art. 3493.1. But the old one-year rule still governs accidents that happened before that date, so the exact day of your crash matters. Tennessee remains a one-year state under Tenn. Code § 28-3-104. If you were injured in either state, treat the deadline as urgent and confirm your specific date with a Tennessee car accident page-style state breakdown or the calculator rather than assuming.
Most states give you 2–3 years
The good news is that the one-year states are the exception. The large majority of states fall into the two-to-three-year range. Two-year states include California, Texas, Florida, Georgia, Pennsylvania, Ohio, and many others. Three-year states include New York, Colorado, North Carolina, Washington, Maryland, and Michigan.
A handful of states are even more generous. Nebraska, Utah, and Wyoming allow four years, Missouri allows five years, and Maine and North Dakota run all the way out to six years. Longer does not mean “wait.” Evidence disappears, witnesses move, vehicle damage gets repaired, and memories fade. The strongest cases are built in the first weeks. The deadline is the outer wall, not the target. For a deeper view across claim types, see our personal injury statute of limitations by state guide.
Florida’s deadline changed in 2023
If you find an older article saying Florida gives you four years to sue over a car accident, it’s out of date. A 2023 tort-reform law cut the Florida negligence deadline in half. Florida is now a two-year state under Fla. Stat. § 95.11(4)(a), in line with the table above.
This matters because crashes near the changeover date can be governed by either the old four-year rule or the new two-year rule depending on when they happened. We break down exactly how the transition works in Florida’s 2023 statute of limitations change, and you can check your specific timeline on the Florida car accident page.
Injury claim vs. property damage claim
Most people think of a single “car accident deadline,” but a crash can actually create two separate claims with two separate clocks. One is your bodily injury claim for medical bills, lost wages, and pain. The other is your property damage claim for the cost to repair or replace your vehicle.
In many states these two claims have different limitations periods, and the property damage deadline is often longer than the injury deadline. The table above reflects the injury deadline, which is usually the shorter and more pressing of the two. Don’t assume that because your car was repaired and settled quickly, your injury claim is handled too — or that a longer property damage window means your injury window is still open. When they differ, the injury clock is the one that tends to run out first.
Insurance claim deadline vs. lawsuit deadline
This is one of the most misunderstood points after a crash. The statute of limitations is the deadline to file a lawsuit in court. It is not the deadline your insurance company gives you. Those are two completely different timelines, and the insurance one is almost always far shorter.
Your own policy and the at-fault driver’s policy set their own notice windows — sometimes requiring you to report the accident within days and to file certain first-party claims (like personal injury protection or uninsured-motorist coverage) within months. Miss an insurer’s deadline and you can lose coverage long before the court deadline ever arrives. Treat the insurance notice requirements as the early alarm and the statute of limitations as the final wall. For a closer look at how the litigation timeline works, see how long after a car accident you can sue.
What if a government vehicle was involved?
Accidents involving a city bus, a police cruiser, a state-maintained vehicle, or any government driver follow a different and much stricter set of rules. Before you can sue a government entity, most states require you to file a formal notice of claim — and those windows are often measured in months, not years. Some are as short as 30, 60, or 90 days from the date of the crash.
Miss that notice deadline and you can be barred from suing the government even though the general statute of limitations would otherwise give you years. Because these rules vary widely and carry harsh consequences, verify the exact notice window with an attorney as soon as you suspect a government vehicle or employee was involved. This is one situation where waiting even a few weeks can permanently close the door.
When the clock starts
For most car accident claims, the limitations clock starts on the date of the accident. That’s the simple case. But the start date can shift in specific situations.
A few rules can change or pause the clock:
- The discovery rule. If an injury wasn’t reasonably discoverable right away, some states start the clock when you knew or should have known you were hurt.
- Minors. When the injured person is a child, the deadline is often paused until they reach adulthood.
- Tolling. Certain circumstances — like the defendant leaving the state — can legally pause the running of the clock. We explain this in detail in our tolling guide.
These exceptions are narrow and easy to misjudge, so don’t count on one extending your time unless a lawyer confirms it applies. For a full cross-claim overview, our statute of limitations by state hub covers every major claim type.
Frequently Asked Questions
How long do I have to sue after a car accident?
It depends on your state. Most states allow two or three years from the date of the crash, but Louisiana (for accidents before July 1, 2024) and Tennessee allow only one year, while a few states stretch to four, five, or six years. Check your exact deadline in the table above or run it through the calculator.
Is the deadline the same for my car repairs and my injuries?
Not always. Many states set a different limitations period for vehicle property damage than for bodily injury, and the property damage window is often longer. The injury deadline is usually the one that runs out first, so don’t let a quick repair settlement lull you into missing it.
Does reporting the accident to my insurance company protect my deadline?
No. Notifying your insurer is not the same as filing a lawsuit, and it does not stop the statute of limitations from running. Insurers also impose their own, much shorter notice deadlines that are separate from the court deadline.
What happens if I miss the statute of limitations?
If you file after the deadline, the court will almost certainly dismiss your case, and you lose the right to recover compensation through a lawsuit regardless of fault. A narrow set of exceptions like the discovery rule or tolling may apply, but you shouldn’t rely on them without legal advice.
Check your deadline before it runs out
Car accident deadlines are unforgiving, they vary widely by state, and the start date isn’t always obvious. The safest move is to know your exact window early — not after the insurance back-and-forth has eaten up months. Use the free statute of limitations calculator to find the filing deadline for your state and accident date in seconds, then confirm the details with a local attorney before you act.
This article is general information about the car accident statute of limitations by state and is not legal advice.