Car Accident Statute of Limitations: State-By-State Guide

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:

• Workers’ Comp
• Personal Injury
• Medical Malpractice
• Birth Injury
• Nursing Home Abuse

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.

1. The plaintiff is a minor under 18 years old
2. The plaintiff is mentally-incapable of filing a lawsuit
3. The defendant either dies or moves out of state
4. An agreement between plaintiff and defendant to toll the statute of limitations further
5. 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: