Car Accident Statute of Limitations: How Long Do You Have? | Otto
Otto Accident Guide · 2026

How Long Do You Have
After a Car Accident? The Deadlines

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So how long do you actually have? In most states, two to three years to file a lawsuit — but that's the outer wall, not the real deadline. Your insurer, a government agency and the evidence itself all run shorter clocks. Below: the legal deadline by state, the three clocks that expire first, what pauses them, and why waiting costs you even inside the window.

Otto Research Team
·
September 2026
·
Updated Quarterly
·
General Information — Not Legal Advice
01
The Legal Deadline,
State by State
The statute of limitations is the deadline to file a lawsuit. In most states it's two or three years from the date of the crash.
StatePersonal injury
California2 years
Texas2 years
Florida2 years
Arizona2 years
Nevada2 years
Georgia2 years
Illinois2 years
Ohio2 years
Pennsylvania2 years
New York3 years
North Carolina3 years
Tennessee1 year

Property damage often gets longer — in California, three years for the car versus two for an injury. These change: Florida cut its injury deadline from four years to two in 2023. Confirm your own state's current rule with a licensed attorney before relying on any table, including this one.

⚠️ Talking to the insurer does not stop the clock
The deadline runs whether or not you're negotiating. An open claim, a pending offer or an adjuster who stops calling back changes nothing — if the lawsuit deadline passes, the insurer no longer has a reason to pay.
02
Three Clocks That
Run Out First
The statute of limitations is rarely the deadline that catches people. These are.
1
Your own insurer: "promptly"
Most policies require notice of an accident promptly — often read as days, not months. Late notice can put your own coverage at risk. Tell them even if you plan to claim against the other driver.
2
A government vehicle or road: months
Hit by a city bus, a police car or a public-works truck? Most states require a formal claim first, on a much shorter clock. In California it's six months — miss it and the two-year deadline never applies.
3
The DMV: days
Many states require a crash report to the DMV after an injury or significant damage. California's SR-1 is due within 10 days if anyone was hurt or damage exceeds $1,000 — separate from any police report.

Uninsured driver? A claim under your own uninsured motorist coverage can follow the deadlines in your policy rather than the ones above. Read the policy, or see our guide to accidents with an uninsured driver.

03
What Can
Pause the Clock
Lawyers call this "tolling." It exists, but it's narrow — never plan around it.
1
The injured person is a minor
Most states
The clock usually doesn't start until they turn 18. A parent's own claims — like medical bills they paid — may not get the same pause.
2
The injury surfaced later
Rarely applies to crashes
Some deadlines start when an injury is discovered. In a car accident, courts usually say you knew on the day of the crash — don't count on this one.
3
The injured person is incapacitated
Varies by state
Some states pause the deadline while someone lacks the legal capacity to act. The rules are specific and the proof is on you.
4
A death results
A separate claim
A wrongful death claim usually runs from the date of death, not the crash. Families should get advice early — the deadlines differ from the injury claim.
04
Why Waiting Costs You
Inside the Window
Two years is the legal limit. The practical one is a few weeks, because the case is built from things that expire.
Days
Camera footage
Businesses and traffic systems overwrite footage fast. Ask nearby businesses in the first few days — after that, it's usually gone.
Weeks
The medical record
A gap between the crash and your first doctor visit is the first thing an insurer points to. Same-week records tie an injury to the crash.
Weeks
The damaged car
Once it's repaired or scrapped, the physical evidence is gone. Photograph every panel and get an independent estimate first.
Months
Attorney interest
A case filed close to the deadline leaves little time to prepare. Some firms decline cases that arrive late — our guide to whether you need a lawyer covers the signals.

Lock in the evidence now.

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05
Common
Questions
How long do I have to file a claim after a car accident?
To file a lawsuit, most states allow two or three years from the date of the crash — two years for personal injury in California, Texas and Florida, three in New York, one in Tennessee. Insurance claims themselves run on shorter clocks: most policies require prompt notice, and a claim against a government agency can be due within months. The practical deadline is shorter still, because evidence like camera footage disappears within days.
Does the statute of limitations start on the day of the accident?
Usually, yes. For a car accident the clock generally starts on the date of the crash, because that's when the injury and damage occurred. Exceptions are narrow — a minor's claim is usually paused until they turn 18, and a wrongful death claim typically runs from the date of death.
Is the deadline different for car damage and injuries?
Often. Many states give property damage its own deadline, and it is frequently longer than the personal injury one. In California, it is two years for an injury and three years for damage to the car. Check the rule for your state rather than assuming they match.
Does negotiating with the insurance company extend the deadline?
No. The statute of limitations keeps running while you negotiate, while an offer is pending and while an adjuster is slow to respond. If the deadline passes, the insurer no longer has the same reason to pay, so a long negotiation should never be allowed to run close to it.
What if a government vehicle hit me?
Claims against a city, county, state agency or other public entity usually require a formal written claim first, on a much shorter timeline. In California that claim is generally due within six months of the accident. Missing it can bar the case even though the ordinary two-year deadline hasn't passed.
What happens if I miss the statute of limitations?
In most cases the claim is barred — a court will dismiss a lawsuit filed after the deadline, and the insurer knows it. There are limited exceptions, such as a minor's claim, but they are narrow and specific to each state. If you are close to a deadline, speak with a licensed attorney in your state now rather than later.
Do I have to report a car accident to the DMV?
Many states require it after an injury or significant damage, separately from any police report. In California, an SR-1 report is due to the DMV within 10 days if anyone was injured or killed or if property damage exceeded $1,000, regardless of who was at fault.