Car Accident Statute of Limitations by State (2026)
Car accident statute of limitations by state for 2026: injury, property damage and government claim deadlines, with links to official statutes.
Car accident claims · Deadlines to file
Written by
Settlement Scout editorial team
Checked against
official sources, linked
Updated Sep 27, 2026Sources linked
Key takeaways
General information, not legal advice. Every state sets its own deadline (the statute of limitations) for suing after a car accident. For an injury claim against a private driver, the deadlines we confirmed run from 2 to 6 years, a few states we could not confirm may be shorter, and the window is often far shorter if a government vehicle was involved. Your actual deadline can be shorter or longer than the figure below depending on the facts: the injured person's age (minors), a government defendant, the discovery rule, and other tolling rules. Confirm your deadline with a licensed attorney in your state before relying on it.
On this page
How we checked this guide
We wrote this from the 5 sources listed under “Article sources” below, and last reviewed it on Sep 27, 2026. Where we could not confirm a figure against an official source, the page says so.
Why you can trust Settlement Scout
Every figure comes from a source we link, and we say when we last checked it. We are not a law firm or a government agency, and no partner can pay to change what we write. Read our editorial policy.
How to read these tables
- Each figure links to the statute text on the state's official legislature or code website, and shows the date we last checked it.
- "Check with your state" means we could not confirm the figure against the official text (usually because the official code site could not be read), so we don't show a number. The link goes to a legal database copy of the statute as a starting point.
- The injury column is the deadline to sue the other driver for bodily injury. The property column is the deadline for damage to your car or other property. Where a state's rule changed recently, the row says which crashes the new rule covers.
Car accident claim deadline by state
Showing 51 of 51
| State | Injury claim | Vehicle / property damage | Last checked |
|---|---|---|---|
| Alabama | 2 years, Ala. Code §6-2-38(l) | 2 years, Ala. Code §6-2-38(l),(n) | 2026-09-27 |
| Alaska | 2 years, Alaska Stat. §09.10.070(a)(2) | 2 years, Alaska Stat. §09.10.070(a)(3) | 2026-09-27 |
| Arizona | 2 years, Ariz. Rev. Stat. §12-542(1) | 2 years, Ariz. Rev. Stat. §12-542(3) | 2026-09-27 |
| Arkansas | Check with your state (Ark. Code §16-56-105(3) (legal database copy)) | Check with your state (Ark. Code §16-56-105(6) (legal database copy)) | 2026-09-27 |
| California | 2 years, Cal. Code Civ. Proc. §335.1 | 3 years, Cal. Code Civ. Proc. §338(c)(1) | 2026-09-27 |
| Colorado | 3 years (motor-vehicle claims), Colo. Rev. Stat. §13-80-101(1)(n)(I) | 3 years (motor-vehicle claims), Colo. Rev. Stat. §13-80-101(1)(n)(I) | 2026-09-27 |
| Connecticut | 2 years, Conn. Gen. Stat. §52-584 | 2 years, Conn. Gen. Stat. §52-584 | 2026-09-27 |
| Delaware | 2 years, 10 Del. C. §8119 | 2 years, 10 Del. C. §8107 | 2026-09-27 |
| District of Columbia | 3 years, D.C. Code §12-301(a)(8) | 3 years, D.C. Code §12-301(a)(3) | 2026-09-27 |
| Florida | 2 years (crashes after 24 Mar 2023), Fla. Stat. §95.11(5)(a) | Check with your state (Fla. Stat. §95.11(5)(a)) | 2026-09-27 |
| Georgia | Check with your state (O.C.G.A. §9-3-33 (legal database copy)) | Check with your state (O.C.G.A. §9-3-32 (legal database copy)) | 2026-09-27 |
| Hawaii | 2 years, Haw. Rev. Stat. §657-7 | 2 years, Haw. Rev. Stat. §657-7 | 2026-09-27 |
| Idaho | 2 years, Idaho Code §5-219(4) | 3 years, Idaho Code §5-218(3) | 2026-09-27 |
| Illinois | 2 years, 735 ILCS 5/13-202 | 5 years, 735 ILCS 5/13-205 | 2026-09-27 |
| Indiana | 2 years, Ind. Code §34-11-2-4(a) | 2 years, Ind. Code §34-11-2-4(a)(2) | 2026-09-27 |
| Iowa | 2 years, Iowa Code §614.1(2) | 5 years, Iowa Code §614.1(4) | 2026-09-27 |
| Kansas | 2 years, K.S.A. 60-513(a)(4) | 2 years, K.S.A. 60-513(a)(2) | 2026-09-27 |
| Kentucky | 2 years from the injury or last no-fault (PIP) payment, whichever is later, KRS 304.39-230(6) | 2 years, KRS 413.125 | 2026-09-27 |
| Louisiana | 2 years (crashes after 1 Jul 2024), La. Civ. Code art. 3493.1 | 2 years (crashes after 1 Jul 2024), La. Civ. Code art. 3493.1 | 2026-09-27 |
| Maine | 6 years, 14 M.R.S. §752 | 6 years, 14 M.R.S. §752 | 2026-09-27 |
| Maryland | 3 years, Md. Code, Cts. & Jud. Proc. §5-101 | 3 years, Md. Code, Cts. & Jud. Proc. §5-101 | 2026-09-27 |
| Massachusetts | 3 years, Mass. Gen. Laws ch. 260 §2A | 3 years, Mass. Gen. Laws ch. 260 §2A | 2026-09-27 |
| Michigan | 3 years, MCL 600.5805(2) | 3 years, MCL 600.5805(2) | 2026-09-27 |
| Minnesota | 6 years, Minn. Stat. §541.05 subd. 1(5) | 6 years, Minn. Stat. §541.05 subd. 1(4) | 2026-09-27 |
| Mississippi | Check with your state (Miss. Code Ann. §15-1-49(1) (legal database copy)) | Check with your state (Miss. Code Ann. §15-1-49(1) (legal database copy)) | 2026-09-27 |
| Missouri | 5 years, Mo. Rev. Stat. §516.120(4) | 5 years, Mo. Rev. Stat. §516.120(4) | 2026-09-27 |
| Montana | 3 years, Mont. Code Ann. §27-2-204(1) | 2 years, Mont. Code Ann. §27-2-207 | 2026-09-27 |
| Nebraska | 4 years, Neb. Rev. Stat. §25-207(3) | 4 years, Neb. Rev. Stat. §25-207(2) | 2026-09-27 |
| Nevada | 2 years, Nev. Rev. Stat. §11.190(4)(e) | 3 years, Nev. Rev. Stat. §11.190(3)(c) | 2026-09-27 |
| New Hampshire | 3 years, N.H. Rev. Stat. Ann. §508:4(I) | 3 years, N.H. Rev. Stat. Ann. §508:4(I) | 2026-09-27 |
| New Jersey | Check with your state (N.J.S.A. 2A:14-2(a) (legal database copy)) | Check with your state (N.J.S.A. 2A:14-1(a) (legal database copy)) | 2026-09-27 |
| New Mexico | 3 years, NMSA 1978 §37-1-8 | 4 years, NMSA 1978 §37-1-4 | 2026-09-27 |
| New York | 3 years, N.Y. CPLR §214(5) | 3 years, N.Y. CPLR §214(4) | 2026-09-27 |
| North Carolina | 3 years, N.C. Gen. Stat. §1-52(5) | 3 years, N.C. Gen. Stat. §1-52(4) | 2026-09-27 |
| North Dakota | 6 years, N.D.C.C. §28-01-16(5) | 6 years, N.D.C.C. §28-01-16(4) | 2026-09-27 |
| Ohio | 2 years, Ohio Rev. Code §2305.10(A) | 2 years, Ohio Rev. Code §2305.10(A) | 2026-09-27 |
| Oklahoma | 2 years, 12 Okla. Stat. §95(A)(3) | 2 years, 12 Okla. Stat. §95(A)(3) | 2026-09-27 |
| Oregon | 2 years, ORS 12.110(1) | 6 years, ORS 12.080(4) | 2026-09-27 |
| Pennsylvania | 2 years, 42 Pa.C.S. §5524(2) | 2 years, 42 Pa.C.S. §5524(3), (7) | 2026-09-27 |
| Rhode Island | 3 years, R.I. Gen. Laws §9-1-14(b) | 10 years, R.I. Gen. Laws §9-1-13(a) | 2026-09-27 |
| South Carolina | 3 years, S.C. Code §15-3-530(5) | 3 years, S.C. Code §15-3-530(4) | 2026-09-27 |
| South Dakota | 3 years, S.D. Codified Laws §15-2-14(3) | 6 years, S.D. Codified Laws §15-2-13(4) | 2026-09-27 |
| Tennessee | Check with your state (Tenn. Code Ann. §28-3-104(a)(1)(A), (a)(2) (legal database copy)) | Check with your state (Tenn. Code Ann. §28-3-105(1) (legal database copy)) | 2026-09-27 |
| Texas | 2 years, Tex. Civ. Prac. & Rem. Code §16.003(a) | 2 years, Tex. Civ. Prac. & Rem. Code §16.003(a) | 2026-09-27 |
| Utah | 4 years, Utah Code §78B-2-307(4) | 4 years (motor-vehicle accidents), Utah Code §78B-2-307(3) | 2026-09-27 |
| Vermont | 3 years, 12 V.S.A. §512(4) | 3 years, 12 V.S.A. §512(5) | 2026-09-27 |
| Virginia | 2 years, Va. Code §8.01-243(A) | 5 years, Va. Code §8.01-243(B) | 2026-09-27 |
| Washington | 3 years, RCW 4.16.080(2) | 3 years, RCW 4.16.080(2) | 2026-09-27 |
| West Virginia | 2 years, W. Va. Code §55-2-12(b) | 2 years, W. Va. Code §55-2-12(a) | 2026-09-27 |
| Wisconsin | 3 years, Wis. Stat. §893.54(1m)(a) | 3 years (motor-vehicle accidents), Wis. Stat. §893.52(2) | 2026-09-27 |
| Wyoming | 4 years, Wyo. Stat. §1-3-105(a)(iv)(C) | 4 years, Wyo. Stat. §1-3-105(a)(iv)(B) | 2026-09-27 |
A few rows carry detail worth knowing:
- Florida cut its negligence deadline from 4 years to 2 for claims arising after 24 March 2023 (Laws of Fla. ch. 2023-15, §28). Vehicle-damage claims show "check with your state" because two parts of §95.11 could apply (2 years for negligence, 4 years for "injuring personal property") and we have not confirmed which one courts use.
- Louisiana moved from 1 year to 2 years for claims arising after 1 July 2024 (Acts 2024, No. 423, §3). Crashes before that date fall under the old 1-year rule.
- Kentucky's general injury deadline is 1 year (KRS 413.140), but motor-vehicle claims get the 2-year rule in the no-fault law shown in the table.
- Tennessee has one of the shortest deadlines in the country, but we could not read it on the state's official code site, so it shows "check with your state". Don't wait if your crash was in Tennessee.
Claims against a government vehicle or agency
If the other vehicle belonged to a city, county, state agency, school district or transit authority (a police car, a public bus, a snowplow), a different set of rules usually applies. Many states require a written notice of claim to a specific office within a short window before you can sue, and missing it can end the claim even while the general deadline above is still open. Some states also give a shorter deadline to sue a public body.
The table below gives the shortest generally applicable rule we found for each state. Rules often differ between the state itself and local governments, and some cities set their own shorter periods by charter. Treat a government-vehicle crash as urgent.
Showing 51 of 51
| State | Claim against a government body | Last checked |
|---|---|---|
| Alabama | 6 months (cities), 12 months (counties), 1 year (state Board of Adjustment), Ala. Code §11-47-23; §11-47-192; §11-12-8; §41-9-65 | 2026-09-27 |
| Alaska | No notice step in the statute; the 2-year deadline applies, Alaska Stat. §09.50.250; §09.65.070; §09.10.070 | 2026-09-27 |
| Arizona | 180 days to serve a notice of claim, then 1 year to sue, Ariz. Rev. Stat. §12-821.01(A); §12-821 | 2026-09-27 |
| Arkansas | Check with your state (Ark. Code §19-10-209; §21-9-301 (legal database copy)) | 2026-09-27 |
| California | 6 months to present a claim, Cal. Gov. Code §911.2(a) | 2026-09-27 |
| Colorado | Check with your state (Colo. Rev. Stat. §24-10-109(1) (legal database copy)) | 2026-09-27 |
| Connecticut | 6 months' notice if a town employee was driving; 90 days for a state-highway defect, Conn. Gen. Stat. §13a-144; §7-465(a); §7-101a(d); §52-556; §4-148 | 2026-09-27 |
| Delaware | Notice within 1 year where a local ordinance requires it; 2 years to sue, 10 Del. C. §4013(c); §4012(1) | 2026-09-27 |
| District of Columbia | 6 months' written notice to the Mayor, D.C. Code §12-309(a) | 2026-09-27 |
| Florida | 3 years to present a written claim, then suit within 4 years, Fla. Stat. §768.28(6)(a), (14) | 2026-09-27 |
| Georgia | Check with your state (O.C.G.A. §36-33-5(b) (municipal); §50-21-26(a)(1) (state); §36-11-1 (county) (legal database copy)) | 2026-09-27 |
| Hawaii | 2 years (written notice to a county within 2 years), Haw. Rev. Stat. §662-4 (state); §46-72 (counties) | 2026-09-27 |
| Idaho | 180 days, Idaho Code §6-905 (state); §6-906 (political subdivisions) | 2026-09-27 |
| Illinois | 1 year to sue a local government; 1 year to file notice for a claim against the state, 745 ILCS 10/8-101(a) (local); 705 ILCS 505/22-1 (state, Court of Claims) | 2026-09-27 |
| Indiana | 180 days (local government); 270 days (state), Ind. Code §34-13-3-8 (political subdivisions); §34-13-3-6 (state) | 2026-09-27 |
| Iowa | 2 years (claim against the state; suit against a city or county), Iowa Code §669.13 (state); §670.5 (municipalities) | 2026-09-27 |
| Kansas | Written notice required before suing a city or county; suit still within 2 years, K.S.A. 12-105b(d) (municipalities); K.S.A. 75-6103(b) (KTCA) | 2026-09-27 |
| Kentucky | 1 year (claims against the state, Board of Claims), KRS 49.120(1) (state, Board of Claims); KRS 411.110 (cities, road defects) | 2026-09-27 |
| Louisiana | Check with your state (La. R.S. 13:5107 (service); La. Civ. Code art. 3493.1) | 2026-09-27 |
| Maine | 365 days, 14 M.R.S. §8107(1); SOL §8110 | 2026-09-27 |
| Maryland | 1 year, Md. Code, State Gov't §12-106(b); Cts. & Jud. Proc. §5-304(b) | 2026-09-27 |
| Massachusetts | 2 years to present the claim, 3 years to sue, Mass. Gen. Laws ch. 258 §4 | 2026-09-27 |
| Michigan | 6 months (claims against the state); 120 days for road-defect claims, MCL 600.6431(4); MCL 691.1404(1) | 2026-09-27 |
| Minnesota | 180 days, Minn. Stat. §466.05 subd. 1; §3.736 subd. 5 | 2026-09-27 |
| Mississippi | Check with your state (Miss. Code Ann. §11-46-11(1),(3)(a) (legal database copy)) | 2026-09-27 |
| Missouri | No general notice rule; 90 days for street-defect claims in cities of 100,000+, Mo. Rev. Stat. §537.600.1(1); §82.210 | 2026-09-27 |
| Montana | Claim must be presented before suit; no fixed notice deadline; 3 years to sue, Mont. Code Ann. §2-9-301 | 2026-09-27 |
| Nebraska | 1 year (local government); 2 years (state), Neb. Rev. Stat. §13-919(1); §81-8,227(1) | 2026-09-27 |
| Nevada | 2 years to file a claim (filing is not required before suing), Nev. Rev. Stat. §41.036(1)-(3) | 2026-09-27 |
| New Hampshire | 60 days (local government); 180 days (state), N.H. Rev. Stat. Ann. §507-B:7(I); §541-B:14(IV) | 2026-09-27 |
| New Jersey | Check with your state (N.J.S.A. 59:8-8 (legal database copy)) | 2026-09-27 |
| New Mexico | 90 days, NMSA 1978 §41-4-16(A); §41-4-15(A) | 2026-09-27 |
| New York | 90 days, N.Y. Gen. Mun. Law §50-e(1)(a); §50-i(1); Ct. Claims Act §10(3) | 2026-09-27 |
| North Carolina | 3 years (claims against the state); check locally for city or county vehicles, N.C. Gen. Stat. §143-299 | 2026-09-27 |
| North Dakota | 180 days (claims against the state); 3 years to sue, N.D.C.C. §32-12.2-04(1)(a) | 2026-09-27 |
| Ohio | 2 years, no separate notice deadline, Ohio Rev. Code §2743.16(A); §2744.04(A) | 2026-09-27 |
| Oklahoma | 1 year, 51 Okla. Stat. §156(B) | 2026-09-27 |
| Oregon | 180 days, ORS 30.275(2)(b) | 2026-09-27 |
| Pennsylvania | 6 months, 42 Pa.C.S. §5522(a)(1) | 2026-09-27 |
| Rhode Island | 3 years to sue; a city or town claim goes to the council first, R.I. Gen. Laws §9-1-25(a); §45-15-5; §45-15-9 | 2026-09-27 |
| South Carolina | 2 years to sue (3 if a claim is filed within 1 year), S.C. Code §15-78-110; §15-78-80(d) | 2026-09-27 |
| South Dakota | 180 days, S.D. Codified Laws §3-21-2 | 2026-09-27 |
| Tennessee | Check with your state (Tenn. Code Ann. §29-20-305(b) (local, GTLA); §9-8-402(b) (state, Claims Commission) (legal database copy)) | 2026-09-27 |
| Texas | 6 months, or less if a city charter sets a shorter period, Tex. Civ. Prac. & Rem. Code §101.101(a),(b),(c) | 2026-09-27 |
| Utah | 1 year, Utah Code §63G-7-402; §63G-7-403(2) | 2026-09-27 |
| Vermont | No general notice rule; 20 days for town bridge or culvert defects, 12 V.S.A. ch. 189 (§§5601-5606); 19 V.S.A. §987; 12 V.S.A. §514 | 2026-09-27 |
| Virginia | 6 months (local government); 1 year (state), Va. Code §15.2-209(A); §8.01-195.6(A) | 2026-09-27 |
| Washington | File a claim within the 3-year deadline, then wait 60 days before suing, RCW 4.96.020(2),(4) (local); RCW 4.92.100, 4.92.110 (state) | 2026-09-27 |
| West Virginia | 2 years (local government); 30 days' notice before suing a state agency, W. Va. Code §29-12A-6(a); §55-17-3(a) | 2026-09-27 |
| Wisconsin | 120 days, Wis. Stat. §893.80(1d)(a) (local); §893.82(3) (state officers/employees) | 2026-09-27 |
| Wyoming | 2 years to present the claim, Wyo. Stat. §1-39-113(a); §1-39-114 | 2026-09-27 |
What to do before the clock runs out
- Write down the exact date of the accident. Almost every deadline counts from it.
- Find out whether a government body might be a defendant (a bus, a police car, a city truck, a road-defect claim). If so, treat the notice deadline as your real deadline.
- Don't assume settlement talks pause the clock. They almost never do.
- Ask about the discovery rule and tolling if your injury showed up later or the injured person was under 18. Confirm your state's specific rule rather than assuming a general pattern applies.
- If you are within a few months of any deadline, talk to a licensed attorney in your state now. A missed filing date is one of the few mistakes in a claim that usually cannot be undone.
Wondering if you still have time to file? Check my claim, free
Settlement Scout is not a law firm, and this page is general information, not legal advice.
Frequently asked questions
What happens if I miss my state's car accident claim deadline?
In most states, once the deadline passes you lose the right to sue in court, and the at-fault driver's insurer has little reason to keep negotiating. Some exceptions (like the discovery rule or tolling for minors) can extend the clock, but never assume one applies to you without confirming it with a licensed attorney in your state.
Does the clock start on the day of the accident or the day I found out I was injured?
Usually the day of the accident. Some states apply a discovery rule that starts the clock when you discovered, or reasonably should have discovered, the injury. Confirm which rule your state uses before assuming you have more time.
Is the deadline different if a government vehicle or agency was involved?
Often, yes, and it is usually much shorter. Many states require a formal notice of claim within months, as little as 60 to 180 days in some states, before you can sue a city, county or state agency. Missing that notice deadline can end your claim even while the general deadline is still open. The second table on this page lists each state's rule.
Does negotiating with the insurance company pause the deadline?
No. Talking to an adjuster, even for months, does not pause the statute of limitations in most states.
I was a minor when the accident happened. Do I still have time?
Many states pause (toll) the clock while the injured person is under 18, but not all do, and the pause often does not apply to government notice deadlines. Florida, for example, only tolls in narrow circumstances. Check your state's specific rule with a licensed attorney.
Article sources
- Official state legislature and code websites, linked row by row in the tables below (2026)
- Cal. Gov't Code §911.2 (Official California Legislative Information) (2026)
- Fla. Stat. §95.11 (Official, Florida Senate) (2026)
- Laws of Florida ch. 2023-15, §28 (date the 2-year rule took effect) (2023)
- Louisiana Acts 2024, No. 423, §3 (date the 2-year rule took effect) (2024)
About the authors
Settlement Scout editorial team
We write from official sources (state agencies, legislatures and insurers' own pages) and link each one. We are not a law firm and this is not legal advice.
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All car accident claims guidesCalifornia Car Accident Statute of Limitations (2026)California gives you 2 years to sue after a car accident injury, but only 6 months to file a claim against a government agency. Here's the exact law.
Settlement ScoutFlorida Car Accident Statute of Limitations (2026)Florida shortened its car accident injury deadline to 2 years in 2023. Here's the exact law, the cutoff date, and the government-claim exception.Settlement ScoutIllinois Car Accident Statute of Limitations (2026)Illinois gives you 2 years to sue for a car accident injury (735 ILCS 5/13-202), but only 1 year against a city, county or other local government. Checked against the official Illinois Compiled Statutes.Settlement ScoutTexas Car Accident Statute of Limitations (2026)Texas gives you 2 years to sue after a car accident (Civ. Prac. & Rem. Code §16.003), but only 6 months to notify a government body if one was involved. Checked against the official Texas statutes.Settlement Scout
Settlement ScoutFlorida Car Accident Statute of Limitations (2026)Florida shortened its car accident injury deadline to 2 years in 2023. Here's the exact law, the cutoff date, and the government-claim exception.Settlement ScoutIllinois Car Accident Statute of Limitations (2026)Illinois gives you 2 years to sue for a car accident injury (735 ILCS 5/13-202), but only 1 year against a city, county or other local government. Checked against the official Illinois Compiled Statutes.Settlement ScoutTexas Car Accident Statute of Limitations (2026)Texas gives you 2 years to sue after a car accident (Civ. Prac. & Rem. Code §16.003), but only 6 months to notify a government body if one was involved. Checked against the official Texas statutes.Settlement Scout