Statutes Of Limitations For Car Accidents By State (2026)

What Is the Statute of Limitations on a Car Accident?

Statutes of limitations refer to time restrictions placed on the legal actions you can pursue after car accidents and other incidents. These timelines ensure that claims and lawsuits are brought forward in a timely manner after a collision, allowing for substantial evidence to still be available.

Every state has its own statute of limitations, with most of them beginning on the date of the accident. If, however, you don’t discover that you suffered an injury in the crash until later, the discovery rule can allow the clock to start ticking from the moment you do realize you suffered harm.

Keep in mind that if you miss the statute of limitations, you often won’t be able to recover anything.

The statute of limitations for car accidents typically starts running from the moment that the crash occurs. If you do not realize that you suffered an injury or that the vehicle sustained property damage, it may be possible for the clock to start ticking from when you do discover these losses, or when you should have reasonably discovered them.

It’s also important to know that insurance claims may have different deadlines than the state’s statute of limitations. This is essential in all states, but especially in those that have no-fault laws, because you will need to begin a claim against your own personal injury protection insurance first.

Car Accident Statute of Limitations by State

So how long is the statute of limitations for a car accident? Take a closer look at the amount of time you have to file a claim in each state.

Steps to Take if the Statute of Limitations Is Expiring Soon

Understanding the answer to the question, “How long is the statute of limitations for a car accident?” is only the beginning of protecting your rights. You also need to know what to do if you’re close to missing the deadline.

Remember, by missing these time limits, victims typically aren’t able to receive compensation to cover the costs of the injuries accidents cause them. If your case’s expiration date is approaching, it’s time to act.

If you’re pursuing a car accident lawsuit, the first thing you’ll need to do is hire an attorney to help you file a complaint. The complaint is a legal document that outlines what occurred and the responsibilities you feel the defendant has toward you. It should also include an account of the injuries you suffered and the compensation you seek.

Once you file the complaint, you’ve met the statute of limitations, but you’re just at the start of the process. You can expect the discovery phase to come next, followed by negotiations and, hopefully, a settlement.

The discovery phase involves the exchanging of information so that all parties have what they need to put together a strong case. Depositions will take place, along with interrogatories. This part of the process can take between six and 12 months.

The negotiations come next. This part of filing a claim can be lengthy, depending on the amount of evidence available, the complexities of establishing fault and the number of liable parties. If negotiations don’t result in a settlement, then the case can go to trial or be handled via an alternative dispute resolution.

Understanding Exceptions to the Statute of Limitations for Car Accidents

For the majority of auto accidents, you will need to abide by the applicable statute of limitations, but there are exceptions. If the accident involved a government entity, for example, you generally have less time to file the claim, and you must give notice to the party before filing. Similarly, tolling agreements can come into play. A tolling agreement temporarily pauses or extends the statute of limitations, allowing additional time for negotiations or legal filings in cases where circumstances, such as ongoing discussions with insurers or discovery of new evidence, justify the delay.

If the victim in an accident is a minor, the statute of limitations for car accidents may also be different if their parents or guardians didn’t pursue a claim after the collision occurred. Once the minor reaches the age of 18, the statute of limitations would start. The exact amount of time you would have in these circumstances depends on the state where you live.

In instances when the other party leaves the state, the statute of limitations will often stop running for as long as they’re gone. This is because it would be impossible for you to serve them with papers. As soon as the other party steps back into the state, the ticking clock continues.

Why Hiring Car Accident Lawyers Is Essential

People often assume that filing claims after car accidents will be a straightforward process and that they won’t need to hire an attorney. The truth is that there are a lot of complicated aspects to personal injury claims.

Attorneys can help you understand your rights and gather the necessary evidence to demonstrate you deserve compensation. Preserving evidence isn’t always simple, especially if you’re dealing with serious injuries. Your lawyer will know how to gather medical records, collect traffic camera footage and get in contact with expert witnesses who can corroborate your claim.

They can ensure that you don’t miss the statute of limitations for car accidents. Since there could be exceptions to how much time you have to file, having an attorney by your side protects your case.

With a lawyer, you also don’t have to worry about negotiating with insurance companies. Insurers tend to do everything they can to keep from paying you, but a lawyer knows what’s fair and can tirelessly fight for the damages you deserve.

They know about the various tactics that insurers can rely on to minimize your claim, including placing more of the blame on you than is fair or disputing that your injuries are as severe as you state.

Insurance companies will also do their best to delay the process in the hopes that you’ll accept a smaller settlement just to be done with the entire problem. Your attorney will know how to get these companies to come back to the negotiation table in a timely manner.

Importantly, your attorney will generally also have the option of taking your claim to court. Litigation can sometimes be the only way to get fair treatment, and that’s not something that you want to tackle without help.

One of the worries that people often have about hiring an attorney after a car accident is what the process will cost. Personal injury lawyers work on a contingent fee. They don’t get paid unless you do. You won’t have to pay upfront fees or retainers. The exact amount an attorney will charge can vary, so make sure that you ask about this.

Finding Tenacious Representation

If you’ve been in a car accident and need to file a claim to recover losses, it’s important to keep the statute of limitations in mind and find a lawyer promptly to ensure you don’t miss any relevant deadlines. All too often, though, people worry about car accident lawyer fees and fear contributing even more to the financial strain they are under after an accident.

Personal injury lawyers work on contingency for this very reason. You can hire help without worrying about paying anything upfront.

At ConsumerShield, we can connect you with some of the most experienced attorneys in your area. Get the guidance you need to recover losses by contacting our legal team for advice today.