Car Accident Statute of Limitations by State (2026)
The statute of limitations is a hard legal deadline to file a lawsuit. Miss it — by one day — and you permanently lose your right to sue, regardless of how strong your case is or how serious your injuries are. Most states give you 2 to 3 years from the date of the accident. Kentucky, Louisiana, and Tennessee give you just 1 year. Maine and North Dakota give you 6.
First Responder Insight: The statute of limitations is the one deadline where there is no forgiveness. Courts dismiss cases filed even one day late. I have seen people lose strong cases — with documented injuries and clear liability — simply because they waited too long to act. Do not let this be you.
Car Accident Statute of Limitations — All 50 States
These deadlines apply to personal injury claims. Property damage claims may have different deadlines. Updated for 2026. Consult a licensed attorney in your state for case-specific guidance.
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 years | Ala. Code § 6-2-38 |
| Alaska | 2 years | Alaska Stat. § 09.10.070 |
| Arizona | 2 years | Ariz. Rev. Stat. § 12-542 |
| Arkansas | 3 years | Ark. Code § 16-56-105 |
| California | 2 years | Cal. CCP § 335.1 |
| Colorado | 3 years | Colo. Rev. Stat. § 13-80-101 |
| Connecticut | 2 years | Conn. Gen. Stat. § 52-584 |
| Delaware | 2 years | Del. Code tit. 10, § 8119 |
| Florida | 2 years | Fla. Stat. § 95.11(3)(a) |
| Georgia | 2 years | Ga. Code § 9-3-33 |
| Hawaii | 2 years | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 years | Idaho Code § 5-219 |
| Illinois | 2 years | 735 ILCS 5/13-202 |
| Indiana | 2 years | Ind. Code § 34-11-2-4 |
| Iowa | 2 years | Iowa Code § 614.1(2) |
| Kansas | 2 years | Kan. Stat. § 60-513 |
| Kentucky | 1 year | Ky. Rev. Stat. § 413.140 |
| Louisiana | 1 year | La. Civ. Code art. 3492 |
| Maine | 6 years | Me. Rev. Stat. tit. 14, § 752 |
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| Michigan | 3 years | Mich. Comp. Laws § 600.5805 |
| Minnesota | 2 years | Minn. Stat. § 541.07 |
| Mississippi | 3 years | Miss. Code § 15-1-49 |
| Missouri | 5 years | Mo. Rev. Stat. § 516.120 |
| Montana | 3 years | Mont. Code § 27-2-204 |
| Nebraska | 4 years | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 years | Nev. Rev. Stat. § 11.190 |
| New Hampshire | 3 years | N.H. Rev. Stat. § 508:4 |
| New Jersey | 2 years | N.J. Stat. § 2A:14-2 |
| New Mexico | 3 years | N.M. Stat. § 37-1-8 |
| New York | 3 years | N.Y. CPLR § 214 |
| North Carolina | 3 years | N.C. Gen. Stat. § 1-52 |
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 years | Ohio Rev. Code § 2305.10 |
| Oklahoma | 2 years | Okla. Stat. tit. 12, § 95 |
| Oregon | 2 years | Or. Rev. Stat. § 12.110 |
| Pennsylvania | 2 years | 42 Pa. Cons. Stat. § 5524 |
| Rhode Island | 3 years | R.I. Gen. Laws § 9-1-14 |
| South Carolina | 3 years | S.C. Code § 15-3-530 |
| South Dakota | 3 years | S.D. Codified Laws § 15-2-14 |
| Tennessee | 1 year | Tenn. Code § 28-3-104 |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 4 years | Utah Code § 78B-2-307 |
| Vermont | 3 years | Vt. Stat. tit. 12, § 512 |
| Virginia | 2 years | Va. Code § 8.01-243 |
| Washington | 3 years | Wash. Rev. Code § 4.16.080 |
| West Virginia | 2 years | W. Va. Code § 55-2-12 |
| Wisconsin | 3 years | Wis. Stat. § 893.54 |
| Wyoming | 4 years | Wyo. Stat. § 1-3-105 |
Exceptions That Can Change Your Deadline
Minor Victims
In most states, if the accident victim was a minor (under 18), the statute of limitations does not begin to run until they turn 18. A child injured at age 10 in a 2-year SOL state typically has until age 20 to file. State rules vary — confirm with an attorney.
The Discovery Rule
Some states delay the start of the limitations period until you discovered — or reasonably should have discovered — your injury. Relevant for injuries that were not immediately apparent, such as TBI or internal injuries that are diagnosed weeks after the accident.
Government Defendants
If the at-fault party was a government employee or entity, you typically must file an administrative claim within 6 months to 1 year — far shorter than the normal SOL. This applies to: city bus drivers, postal workers, government fleet vehicles, and road design defect claims against municipalities.
Defendant's Absence from the State
Some states "toll" (pause) the statute of limitations during any period the defendant was absent from the state and thus could not be served.
Mental Incapacity
If the victim was legally incapacitated at the time of the accident, the SOL may be tolled until capacity is restored.
Filing Against an Insurance Company Is Not the Same as Filing a Lawsuit
Insurance claims have separate deadlines — typically much shorter than the lawsuit deadline. Most insurers require prompt notice of a claim (often within 30 to 90 days) and have their own internal deadlines for submitting a formal claim.
The statute of limitations only governs the deadline to file a lawsuit in court. You can negotiate with an insurer for years without filing a lawsuit — but the moment negotiations break down, you have only until the SOL deadline to file. This is why most attorneys advise filing suit before the deadline even if negotiations are ongoing.
Key Takeaway
Know your state's deadline and treat it as absolute. Even if negotiations are going well, a credible attorney will file a lawsuit before the SOL expires to preserve your rights — you can still settle after filing. The deadline is the one thing in personal injury law that is completely unforgiving. If you are unsure how much time you have, consult an attorney today.