Exceptions that can shorten or extend your deadline
- Claims against a city, county or state agency often require a written notice within months — sometimes as little as 30 to 180 days.
- Deadlines for minors are often paused until the child turns 18.
- Wrongful death claims usually have their own deadline, often starting from the date of death.
- Insurance policies set separate, often much shorter, deadlines for reporting a crash and for PIP or uninsured motorist claims.
Statute of limitations, fault system and negligence rule — all states
"Years" is the general deadline to file a lawsuit for injuries from a car accident. Property-damage, wrongful-death and government claims can differ.
| State | Injury deadline | Insurance system | Shared-fault rule | Notes |
|---|---|---|---|---|
| Alabama | 2 years | At-fault | Contributory negligence | |
| Alaska | 2 years | At-fault | Pure comparative | |
| Arizona | 2 years | At-fault | Pure comparative | |
| Arkansas | 3 years | At-fault | Modified (50% bar) | |
| California | 2 years | At-fault | Pure comparative | Claims against public entities need notice within 6 months. |
| Colorado | 3 years | At-fault | Modified (50% bar) | 3 years for motor vehicle injuries (2 years for most other injuries). |
| Connecticut | 2 years | At-fault | Modified (51% bar) | |
| Delaware | 2 years | At-fault | Modified (51% bar) | |
| District of Columbia | 3 years | At-fault | Contributory negligence | |
| Florida | 2 years | No-fault | Modified (51% bar) | Shortened from 4 to 2 years for negligence claims arising after March 24, 2023. |
| Georgia | 2 years | At-fault | Modified (50% bar) | |
| Hawaii | 2 years | No-fault | Modified (51% bar) | |
| Idaho | 2 years | At-fault | Modified (50% bar) | |
| Illinois | 2 years | At-fault | Modified (51% bar) | |
| Indiana | 2 years | At-fault | Modified (51% bar) | |
| Iowa | 2 years | At-fault | Modified (51% bar) | |
| Kansas | 2 years | No-fault | Modified (50% bar) | |
| Kentucky | 2 years | Choice no-fault | Pure comparative | 2 years from the accident or last PIP payment under the Motor Vehicle Reparations Act. |
| Louisiana | 2 years | At-fault | Pure comparative | 2 years for injuries on or after July 1, 2024 (1 year before). |
| Maine | 6 years | At-fault | Modified (50% bar) | |
| Maryland | 3 years | At-fault | Contributory negligence | |
| Massachusetts | 3 years | No-fault | Modified (51% bar) | |
| Michigan | 3 years | No-fault | Modified (51% bar) | |
| Minnesota | 6 years | No-fault | Modified (51% bar) | |
| Mississippi | 3 years | At-fault | Pure comparative | |
| Missouri | 5 years | At-fault | Pure comparative | |
| Montana | 3 years | At-fault | Modified (51% bar) | |
| Nebraska | 4 years | At-fault | Modified (50% bar) | |
| Nevada | 2 years | At-fault | Modified (51% bar) | |
| New Hampshire | 3 years | At-fault | Modified (51% bar) | |
| New Jersey | 2 years | Choice no-fault | Modified (51% bar) | |
| New Mexico | 3 years | At-fault | Pure comparative | |
| New York | 3 years | No-fault | Pure comparative | |
| North Carolina | 3 years | At-fault | Contributory negligence | |
| North Dakota | 6 years | No-fault | Modified (50% bar) | |
| Ohio | 2 years | At-fault | Modified (51% bar) | |
| Oklahoma | 2 years | At-fault | Modified (51% bar) | |
| Oregon | 2 years | At-fault | Modified (51% bar) | |
| Pennsylvania | 2 years | Choice no-fault | Modified (51% bar) | |
| Rhode Island | 3 years | At-fault | Pure comparative | |
| South Carolina | 3 years | At-fault | Modified (51% bar) | |
| South Dakota | 3 years | At-fault | Slight/gross negligence | |
| Tennessee | 1 year | At-fault | Modified (50% bar) | One of the shortest deadlines in the country — act quickly. |
| Texas | 2 years | At-fault | Modified (51% bar) | |
| Utah | 4 years | No-fault | Modified (50% bar) | |
| Vermont | 3 years | At-fault | Modified (51% bar) | |
| Virginia | 2 years | At-fault | Contributory negligence | |
| Washington | 3 years | At-fault | Pure comparative | |
| West Virginia | 2 years | At-fault | Modified (51% bar) | |
| Wisconsin | 3 years | At-fault | Modified (51% bar) | |
| Wyoming | 4 years | At-fault | Modified (51% bar) |
Last reviewed October 2026. Laws change and exceptions apply; this table is general information, not legal advice. Confirm your deadline with a licensed attorney in your state.
Frequently asked questions
What happens if I miss the statute of limitations?
The court will almost always dismiss the lawsuit, and insurers know it, so they have no reason to pay. That is why it is important to get advice well before the deadline.
Does the deadline start on the day of the accident?
Usually yes for injury claims, though some states start the clock when the injury was or should have been discovered, and the rules differ for minors and government claims.
What is a no-fault state?
In no-fault states, your own personal injury protection (PIP) pays your medical bills and some lost wages regardless of who caused the crash, and you can sue the at-fault driver only if your injuries meet a legal threshold.