How Long Can You Sue Someone After a Car Accident?
How long you have to sue someone after a car accident is determined by the statute of limitations. This law sets a strict deadline for crash victims and their families to pursue compensation from those responsible for their injuries.
Each state sets different time limits for personal injury and wrongful death claims. Once the deadline in your car accident case passes, you may lose your chance to take legal action for the harm suffered.
Statute of Limitations for a Car Accident at a Glance
- Car accident statutes of limitations range from 1 to 6 years, with states like Maine and North Dakota giving victims up to 6 years to file while Tennessee and Kentucky provide as little as 1 year.
- Personal injury claims and wrongful death claims may carry different deadlines, even within the same state.
- The countdown to file a car accident lawsuit typically begins on the date of the accident or the death of a loved one.
- An experienced car accident attorney can help you determine the exact deadline that applies to your case and whether any exceptions could extend it.
- Even if you think too much time has passed since your accident, it may not be too late to take legal action.
Most states only give you 2-3 years to file a car accident claim. It’s important to reach out to our team as soon as possible, so you don’t miss your chance to pursue justice before the car accident statute of limitations passes.
At Sokolove Law, our auto accident attorneys have over 45 years of experience recovering compensation for crash victims and their families. Let us get you the money you deserve — before it’s too late.
Since 1979, Sokolove Law has secured over $10.5 Billion total for thousands of clients nationwide.
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Car Accident Statute of Limitations by State
Each state sets its own car accident statute of limitations, which can make it difficult to know how much time you have left to take action. Even if you think the deadline in your case has passed, we may be able to evaluate your claim for any applicable exceptions.
Working with a national firm like Sokolove Law means having attorneys who understand the filing deadlines in every state, so nothing gets missed.
Find out more about the personal injury and wrongful death car accident statute of limitations by state below.
| State | Personal Injury Claim | Wrongful Death Claim | Governing Statute |
|---|---|---|---|
| Alabama | 2 Years | 2 Years | Ala. Code § 6-2-38; § 6-5-410 |
| Alaska | 2 Years | 2 Years | Alaska Stat. § 09.10.070; § 09.55.580 |
| Arizona | 2 Years | 2 Years | A.R.S. § 12-542 (1); A.R.S. § 12-542 (2) |
| Arkansas | 3 Years | 3 Years | Ark. Code § 16-56-105; § 16-62-102 |
| California | 2 Years | 2 Years | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 3 Years | 2 Years | C.R.S. § 13-80-101(1)(n); § 13-80-102 |
| Connecticut | 2 Years | 2 Years | Conn. Gen. Stat. § 52-584; § 52-555 |
| Delaware | 2 Years | 2 Years | 10 Del. C. § 8119; § 8107 |
| Florida | 2 Years | 2 Years | Fla. Stat. § 95.11(5)(a); § 95.11(5)(e) |
| Georgia | 2 Years | 2 Years | O.C.G.A. § 9-3-33 |
| Hawaii | 2 Years | 2 Years | Haw. Rev. Stat. § 657-7; § 663-3 |
| Idaho | 2 Years | 2 Years | Idaho Code § 5-219(4) |
| Illinois | 2 Years | 2 Years | 735 ILCS 5/13-202; 740 ILCS 180/2 |
| Indiana | 2 Years | 2 Years | Ind. Code § 34-11-2-4; § 34-23-1-1 |
| Iowa | 2 Years | 2 Years | Iowa Code § 614.1(2) |
| Kansas | 2 Years | 2 Years | K.S.A. § 60-513 |
| Kentucky | 2 Years | 1 Year | K.R.S. § 304.39-230(6); § 413.140 |
| Louisiana | 2 Years | 1-2 Years | La. Civ. Code art. 3493.1; art. 2315.2 |
| Maine | 6 Years | 3 Years | 14 M.R.S.A. § 752; 18-C M.R.S.A. § 2-807 |
| Maryland | 3 Years | 3 Years | Md. Cts. & Jud. Proc. § 5-101; § 3-904 |
| Massachusetts | 3 Years | 3 Years | Mass. Gen. Laws ch. 260 § 2A; ch. 229 § 2 |
| Michigan | 3 Years | 3 Years | M.C.L. § 600.5805(2) |
| Minnesota | 6 Years | 3 Years | Minn. Stat. § 541.05; § 573.02 |
| Mississippi | 3 Years | 3 Years | Miss. Code Ann. § 15-1-49; § 11-7-13 |
| Missouri | 5 Years | 3 Years | Mo. Rev. Stat. § 516.120; § 537.100 |
| Montana | 3 Years | 3 Years | Mont. Code Ann. § 27-2-204 |
| Nebraska | 4 Years | 2 Years | Neb. Rev. Stat. § 25-207; § 30-810 |
| Nevada | 2 Years | 2 Years | Nev. Rev. Stat. § 11.190(4)(e) |
| New Hampshire | 3 Years | 6 Years | N.H. Rev. Stat. § 508:4; § 556:11 |
| New Jersey | 2 Years | 2 Years | N.J.S.A. § 2A:14-2; § 2A:31-3 |
| New Mexico | 3 Years | 3 Years | N.M. Stat. § 37-1-8; § 41-2-2 |
| New York | 3 Years | 2 Years | N.Y. C.P.L.R. § 214; N.Y. EPTL § 5-4.1 |
| North Carolina | 3 Years | 2 Years | N.C.G.S.A. § 1-52(5); § 1-53(4) |
| North Dakota | 6 Years | 2 Years | N.D.C.C. § 28-01-16(5); § 28-01-18(4) |
| Ohio | 2 Years | 2 Years | Ohio Rev. Code § 2305.10; § 2125.02 |
| Oklahoma | 2 Years | 2 Years | Okla. Stat. tit. 12 § 95(A)(3); § 1053 |
| Oregon | 2 Years | 3 Years | O.R.S. § 12.110(1); § 30.020 |
| Pennsylvania | 2 Years | 2 Years | 42 Pa. Cons. Stat. § 5524(2) |
| Rhode Island | 3 Years | 3 Years | R.I. Gen. Laws § 9-1-14(b); § 10-7-2 |
| South Carolina | 3 Years | 3 Years | S.C. Code § 15-3-530, 15-3-535; § 15-51-10 |
| South Dakota | 3 Years | 3 Years | S.D.C.L. § 15-2-14(3); § 21-5-3 |
| Tennessee | 1 Year | 1 Year | T.C.A. § 28-3-104; § 20-5-106 |
| Texas | 2 Years | 2 Years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 4 Years | 2 Years | U.C.A. § 78B-2-307(3); § 78B-2-304(2) |
| Vermont | 3 Years | 2 Years | 12 V.S.A. § 512(4); 14 V.S.A. § 1492 |
| Virginia | 2 Years | 2 Years | Va. Code § 8.01-243(A); § 8.01-244 |
| Washington | 3 Years | 3 Years | R.C.W. § 4.16.080; § 4.20.010 |
| West Virginia | 2 Years | 2 Years | W. Va. Code § 55-2-12; § 55-7-6(d) |
| Wisconsin | 3 Years | 2 Years | Wis. Stat. § 893.54 (1m); § 893.54(2m) |
| Wyoming | 4 Years | 2 Years | Wyo. Stat. § 1-3-105(a)(iv)(C); § 1-38-102(d) |
Please note: Deadlines may vary due to the involvement of government vehicles, defective auto parts, changes in state law, and other factors specific to your case. Contacting an experienced car accident attorney is the best way to confirm the deadline that applies to you.
At Sokolove Law, we can help families pursue compensation in all 50 states — and there are no hourly fees or upfront costs to work with our team.
Call (800) 995-1212 now to see if our auto accident lawyers can help your family file a lawsuit before the deadline.
What the Statute of Limitations on Car Accidents Means for You
You must file your claim within the car accident statute of limitations that applies to your case in order to seek the justice and compensation you deserve.
The statute of limitations on car accidents means that you:
- Only have a limited amount of time to take legal action
- Can miss out on money you deserve if the deadline passes
- Should contact an attorney as soon as possible after a crash
- May not get a second chance to file again if you miss the deadline
Compensation from an auto accident claim can help pay for medical bills, lost wages, property damage, long-term care costs, pain and suffering, and more. Our attorneys are committed to getting families the compensation they need without unnecessary delays.
“My experience working with Sokolove Law was amazing. The whole process was really quick. My attorney was supportive and genuinely cared about my recovery. ”
– Alexandra, Massachusetts Crash Victim & Firm Client
What If I Miss the Car Accident Lawsuit Deadline?
Even if you think you've missed the car accident lawsuit deadline, it may not be too late to take action for the harm you’ve suffered.
Certain situations can pause or extend the statute of limitations, including cases where the injured person was a minor, was mentally incapacitated, or didn't discover their injury right away — as well as cases where the at-fault driver left the state.
We’ve helped thousands of families secure justice after a car accident. Let us put that experience to work for you by reviewing your case, identifying whether any exceptions apply, and determining the best path forward.
Get the Help You Deserve
At Sokolove Law, our car accident attorneys have secured millions locally and nationally. Let us get you the money you deserve.
Factors Impacting the Statute of Limitations for Auto Accident Claims
How long you have to file a lawsuit after a crash depends on several key factors, so the statute of limitations for auto accident claims may look a bit different from case to case.
Car accident lawsuit deadlines may be impacted by:
- The state where the accident happened
- Whether the victim was injured or passed away
- When the injury was discovered or the death occurred
- Who was at fault
Learn more about how each of these can impact filing deadlines for car accident victims and their loved ones.
1. Where the Accident Happened
The state where the crash occurred typically governs which statute of limitations applies. Your attorney can examine the car accident lawsuit deadline in that state to determine how much time you have to file a claim.
Even if you were traveling far from home when the accident occurred or if the law in your state was recently revised, our experienced auto attorneys can help you navigate the legal deadlines that apply to your case.
2. The Type of Claim You File
Different types of claims carry different deadlines, even within the same state:
- Personal injury claims, which are filed by injured victims, typically have a deadline of 1 to 6 years
- Wrongful death claims, which are filed by surviving family members, can also range from 1 to 6 years
- Property damage claims may follow a separate deadline from injury claims in the same state
- Claims against government entities, such as accidents involving a city bus or municipal vehicle, often require a formal notice of claim within as little as 30 to 180 days, well before the standard statute of limitations would expire
- Claims with your insurance company, such as uninsured motorist or personal injury protection (PIP) claims, which are governed by your policy terms
The type of claim you file determines which deadline applies — and missing it can cost you the right to file a car accident lawsuit entirely.
3. The Date of the Accident or Death
For most car accident victims, the statute of limitations begins on the date of the crash. For wrongful death claims, the clock typically starts on the date of death, which may be weeks or months after an accident occurred.
In some cases, the clock may not start until an injury is discovered, which is known as the discovery rule. This most commonly applies when symptoms or diagnoses emerge well after the accident itself.
“Injuries from an accident might flare up later, which is what happened with my back. I had to go to physical therapy. It didn’t feel like something I should have to pay for, since the crash wasn’t my fault.”
– Matt, Massachusetts Crash Victim & Firm Client
4. The Parties Involved
The identity of the at-fault party can significantly affect your deadline to file a car accident lawsuit.
Defendants in a car accident lawsuit may include:
- Auto manufacturers: If a defective vehicle part contributed to the crash, product liability deadlines may apply instead of personal injury or wrongful death statutes
- Commercial trucking companies: State law and federal regulations may both come into play, and multiple defendants may be involved
- Government vehicles or roadways: Notice-of-claim requirements can be as short as 30 days in some states
- Private drivers: The standard state statute of limitations applies
- Rideshare companies like Uber or Lyft: Standard state deadlines typically apply, but additional notice requirements may exist
At Sokolove Law, we'll work to maximize your car accident compensation, so you can get help paying for medical bills, lost wages, and more.
“Auto insurance companies take as long as possible to pay you as little as possible. If you were injured in a car accident, you need to talk to an experienced auto accident law firm.”
– Jim Sokolove, Firm Founder (Retired 2013)
Get Help Filing Before the Car Accident Lawsuit Statute of Limitations Passes
As a national car crash law firm, Sokolove Law can help families in all 50 states file an auto accident claim before the statute of limitations expires.
While the time to file a car accident claim may be limited, you may still be able to pursue compensation for your injuries — but only if you act fast. There are no upfront costs or hourly fees to work with our auto accident attorneys.
We’ve secured over $10.5 Billion total for families across the country, including more than $206 Million for those impacted by car accidents.
Don't wait until it's too late. Call (800) 995-1212 right now or fill out our contact form for a free, no-obligation case review.
Car Accident Claim Statute of Limitations FAQs
What is the statute of limitations on a car accident claim?
The statute of limitations on a car accident claim is between 1 and 6 years, depending on the state. Once this deadline passes, you may not be able to take legal action for your injuries again.
Contact Sokolove Law now to get started with your claim. We can explain the deadline that applies to your case and fight for the compensation you deserve.
When does the statute of limitations for auto accidents start?
The statute of limitations for an auto accident claim typically starts on the date of the crash or the date your loved one passed away from injuries sustained in a crash.
In some cases, injuries from a car accident aren't immediately apparent. The clock may not start until the date the injury was discovered or reasonably should have been discovered.
How long after a car accident can you sue?
In most states, you have 2-3 years to sue after a car accident. However, deadlines can range from as little as 1 year to as long as 6 years depending on the state and the type of claim involved.
Call (800) 995-1212 now to find out if you may be able to file a car crash lawsuit. It costs nothing to speak with us.
What determines the auto accident statute of limitations?
Auto accident claim time limits are primarily determined by the state where the crash occurred, the type of claim being filed, and who was at fault.
Factors that can affect your specific deadline include:
- The state where the accident occurred and its applicable laws
- Whether the claim is for personal injury, wrongful death, or property damage
- Who the at-fault party is — a private driver, commercial trucking company, or government entity
- The date of the accident, the date of your loved one's passing, or the date an injury was discovered
Our team will analyze all of the factors involved in your case and determine the applicable deadlines, so you can get help taking legal action before it’s too late.
How long after a car accident can you claim injury?
The time you have to claim an injury after a car accident depends on your state's statute of limitations, but most states give you 2–3 years from the date of the crash to file a lawsuit.
Even if you have years to act, it's wise to contact an attorney as soon as possible because evidence can fade, witnesses may forget details, and delays can give insurers reason to dispute that your injuries were caused by the accident.
What is the statute of limitations for car accident insurance claims?
Car insurance claims are controlled by your policy contract, not statutes of limitations set by state law. Most policies require you to report an accident within a few days or weeks of its occurrence.
Even if you're working with insurance, it's important to consult with a car accident attorney. Many insurance companies may try to offer low-ball settlements that don't provide you with the compensation you deserve.
What if the accident involved a government vehicle?
Accidents involving government vehicles, such as city buses, police cars, or state-owned trucks, are subject to special rules. In many states, you must file a "notice of claim" within 30 to 180 days of the accident, long before the regular statute of limitations would expire.
Missing this notice-of-claim deadline can permanently bar you from filing a lawsuit, even if the standard car crash statute of limitations hasn't passed.
How long after a car accident can injuries appear?
Some car accident injuries may appear immediately, while others may take several days or even weeks to appear. The adrenaline that floods your body during a collision often masks pain in the hours after impact.
Commonly delayed injuries can include whiplash, concussions, soft tissue damage, and herniated discs. Even life-threatening injuries like internal bleeding may not produce noticeable symptoms right away. It’s important to see a doctor after a car accident, even if you initially feel fine.
Can I file a wrongful death claim after a fatal car accident?
Yes. If your loved one passed away from injuries sustained in a car accident, you may be able to pursue justice and compensation on their behalf by filing a wrongful death claim.
The car accident statute of limitations still applies to wrongful death claims, so it's important to get started as soon as possible.
See if you can file a claim now with the help of our experienced auto accident attorneys.
