Car Accident Statute of Limitations In Every State, Plus Exceptions

Going through a car accident’s physical and mental trauma can be an extremely taxing and confusing experience. You may not know your rights and how to seek them. After taking care of your health, one of the most important things is understanding that you have a specific deadline to file a lawsuit or an insurance claim. Each state has its own statute of limitations, and particular circumstances can prolong or shorten the statutory period.

Below, we will look at the statute of limitations in each state, as well as the reasons why you may have a longer or shorter time to file a claim. 

Car Accident Statute of Limitations by State (including DC)

Unless otherwise stated, the statute of limitations for filing a personal injury claim is the same for property damage claims.

➔ Alabama — 2 years

➔ Alaska — 2 years

➔ Arizona — 2 years

➔ Arkansas — 3 years

➔ California — 2 years (3 years for property damage)

➔ Colorado — 3 years

➔ Connecticut — 2 years

➔ Delaware — 2 years

➔ DC — 3 years

➔ Florida — 4 years

➔ Georgia — 2 years (4 years for property damage)

➔ Hawaii — 2 years

➔ Idaho — 2 years (3 years for property damage)

➔ Illinois — 2 years (5 years for property damage)

➔ Indiana — 2 years

➔ Iowa — 2 years (5 years for property damage)

➔ Kansas — 2 years

➔ Kentucky — 1 year (2 years for property damage)

➔ Louisiana — 1 year

➔ Maine — 6 years

➔ Maryland — 3 years

➔ Massachusetts — 3 years

➔ Michigan — 3 years

➔ Minnesota — 2 years (6 years for property damage)

➔ Mississippi — 3 years

➔ Missouri — 5 years

➔ Montana — 3 years (2 years for property damage)

➔ Nebraska — 4 years

➔ Nevada — 2 years (3 years for property damage)

➔ New Hampshire — 3 years

➔ New Jersey — 6 years

➔ New Mexico — 3 years (4 years for property damage)

➔ New York — 3 years

➔ North Carolina — 3 years

➔ North Dakota — 6 years

➔ Ohio — 4 years

➔ Oklahoma — 2 years

➔ Oregon — 2 years (6 years for property damage)

➔ Pennsylvania — 2 years 

➔ Rhode Island — 3 years (10 years for property damage)

➔ South Carolina — 3 years

➔ South Dakota — 3 years (6 years for property damage)

➔ Tennessee — 1 year (3 years for property damage)

➔ Texas — 2 years 

➔ Utah — 4 years (3 years for property damage)

➔ Vermont — 3 years

➔ Virginia — 2 years (5 years for property damage)

➔ Washington — 3 years

➔ West Virginia — 2 years

➔ Wisconsin — 3 years (6 for property damage)

➔ Wyoming — 4 years

Exceptions to the Statute of Limitations

Although there are specific exceptions in some states created by contract or statute, common exceptions can extend the filing date beyond the designated statutory period.

1. If the defendant has left the state

If the defendant is not in the state, you can’t technically file a claim against them. It’s like filing against a ghost. That’s why courts give some leniency in waiting for the defendant to return to the state.

2. If the defendant is legally incompetent, legally unfit to stand trial or a minor

In these situations, the statute of limitations is prolonged until the defendant’s incompetence is removed or when they reach the age of 18.

3. If the defendant is dead or imprisoned

In the unlikely scenario in which the defendant is dead, you can still file a claim against their estate. In case the defendant is imprisoned, you can wait until they are released or make parole.

4. If the state/country is at war or you/the defendant are on active military duty.

If the state is embattled, the courts will postpone lawsuits. Similarly, if you or the defendant are on active military duty, the statute of limitations will be tolled until the interested party returns.

5. Tolling agreements

Both parties can sign a tolling agreement and waive the statute of limitations. Doing that will still preserve your right to file for the plaintiff and minimize court costs for the defendant.

6. Equitable tolling

When you couldn’t have reasonably discovered that a car accident led to an injury or an illness until the statute of limitations period had passed, you can see whether you’re eligible for equitable tolling.

What Can Shorten the Car Accident Statutes of Limitations?

Much like the standard exceptions that can prolong the statutory period, some exceptions can shorten it.

1. Car accidents involving a government official/employee

One of the main reasons that the statute of limitations can be significantly shortened depends on where and with whom the accident occurred. Some government employees have immunity from lawsuits, and certain states offer a six-month window in which you can file a claim, while others have different state-specific pre-filing requirements. If you don’t follow the requirements that apply to your case, it can be barred entirely.

2. Car accidents involving dram shop laws

Currently, 43 states have adopted some form of a dram shop law that allows a degree of liability against drinking establishments that allow visibly intoxicated people to get in their cars and drive away. Some states only give you 60 days to file a claim, so you need to be prompt in submitting your paperwork. It’s crucial to consult with an attorney in your state to understand your situation and options and act as soon as possible.

Watch the Clock

Regardless of the specific deadline that applies to your car accident case, if you fail to go to court and start your claim before the deadline ends, you’ll likely lose your legal right to file a claim and bring a lawsuit. If you’re wondering when the clock starts running, it’s typically the day when the accident occurred. Of course, as mentioned earlier, there are exceptions to this rule, such as when you didn’t discover an injury until later in life.

If you were the victim in a car accident or are just curious to understand your rights in a personal injury case, Legal Chiefs’ network of professionals is here to help!

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