The short answer
- Two years is the most common deadline. On our state pages, 25 states give two years from the accident to file an injury lawsuit and 17 give three.
- Tennessee gives only one year. Kentucky's general injury deadline is also one year, but car accident claims there get two under the Motor Vehicle Reparations Act.
- A few give four to six years. Maine, Minnesota and North Dakota allow six. The exact figure depends on your state and the type of claim.
- Always confirm your own state's current statute. These deadlines change. Florida's dropped from four years to two in 2023 for accidents on or after March 24, 2023.
In this guide
The deadline to file, the statute of limitations, is one of the few hard rules in a car accident claim. Miss it and the court can dismiss your case regardless of fault. The figure depends on which state’s law applies (usually the state where the crash happened) and sometimes on the type of claim. Below is the full range, with the underlying statutes.
Opening a claim with an insurer does not stop the lawsuit clock in most states. The date to watch is the statute, not the insurer's last email.
Is reporting an accident the same as the filing deadline?
No. There are two clocks. The first is reporting the accident to your own insurer: most policies require it promptly, and the Insurance Information Institute advises calling as soon as possible and asking your insurer about any time limits in your policy. The second, and the one that matters most in the long run, is the statute of limitations below: the legal deadline for taking formal action. Once it passes, the right to sue is usually lost.
Do I have to finish treatment before I file?
No. You don’t have to know the final value of your claim to file a lawsuit. Many claims are settled by negotiation, but a lawsuit is often filed before the deadline to protect your rights while those negotiations continue. The deadline is about preserving the option, not forcing a courtroom. Our guide on how settlements work explains the sequence.
What does the statute say in key states?
These rows show the general personal injury deadline and the statute behind it. We read the Florida, Texas, Maine and North Dakota statutes directly, along with New York’s CPLR 214(5), which gives three years. Other rows rest on the statutes cited on our state pages.
| State | Deadline (injury) | Statute | Notes |
|---|---|---|---|
| Kentucky | 1 year general; 2 years for motor vehicle claims | KRS §413.140; KRS §304.39-230 | Car accident claims get the longer period under the Motor Vehicle Reparations Act. |
| Tennessee | 1 year | Tenn. Code Ann. §28-3-104 | Among the shortest in the US. |
| Florida | 2 years | HB 837 (2023), Fla. Stat. §95.11 | Reduced from 4 years in March 2023. (Florida is a no-fault state.) |
| Georgia | 2 years | O.C.G.A. §9-3-33 | — |
| Louisiana | 2 years | Act 423 (2024), La. Civ. Code art. 3493.1 | Increased from 1 year, effective July 1, 2024. |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code §16.003 | — |
| Colorado | 3 years | C.R.S. §13-80-101(1)(n) | Motor-vehicle claims get 3 years (general injury claims are 2). |
| Maine | 6 years | 14 M.R.S. §752 | Among the longest in the US. |
| North Dakota | 6 years | N.D.C.C. §28-01-16 | Among the longest in the US. |
Deadlines shown are the general personal-injury limit for the state unless noted.
What is the deadline in every state?
This table groups all 50 states by the injury-lawsuit deadline on our state pages. It is our own compilation from those pages. Property damage and wrongful death deadlines often differ and are on each state page.
| Deadline for an injury lawsuit | States |
|---|---|
| 1 year | Tennessee |
| 2 years | Alabama, Alaska, Arizona, California, Connecticut (3-year outer limit), Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky (motor vehicle claims), Louisiana, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia |
| 3 years | Arkansas, Colorado (motor vehicle accidents), Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin |
| 4 years | Nebraska, Utah, Wyoming |
| 5 years | Missouri |
| 6 years | Maine, Minnesota, North Dakota |
Michigan’s three years comes with a “serious impairment” requirement for most claims. Open your state’s page from the laws by state directory, and see no-fault states for how no-fault changes the picture.
When does the clock start, and can it pause?
In most states the clock starts on the date of the accident. Florida’s page notes it generally does not start when you discover an injury or finish treatment, and Tennessee’s notes that opening an insurance claim does not pause the one-year clock. Narrow exceptions exist in places, such as for injured minors or a defendant who leaves the state, but they are the exception. Do not rely on one without checking your state’s page.
What if a government vehicle caused the crash?
If a city, county, state or federal vehicle was involved, a separate and much shorter notice deadline usually applies before you can bring a claim at all. Examples from our state pages:
| State | Notice rule | Statute |
|---|---|---|
| Oklahoma | Written notice within one year of the accident, then the agency has 90 days to respond | Okla. Stat. tit. 51, § 156 |
| Vermont | Notice to the municipality within 20 days for a defective town bridge or culvert | Vt. Stat. tit. 19, § 987 |
| Florida | Pre-suit written notice required, with statutory caps on damages | Fla. Stat. § 768.28 |
These are strict and easy to miss, so treat the timeline as urgent if a public vehicle was involved.
What happens if I miss the deadline?
A court can dismiss the lawsuit even if you were clearly not at fault. If you are near a deadline and have not filed, that is one of the clearest situations where advice is worth getting quickly. Our honest guide explains when, and when to get a lawyer covers timing.
- Two years is the most common car-accident filing deadline on our state pages (25 states), then three (17).
- Tennessee is one year; Maine, Minnesota and North Dakota are six.
- Kentucky: one year generally, but two for motor vehicle claims.
- Florida cut its deadline from four years to two in 2023. Deadlines change.
- Government-vehicle claims can require notice within months, or days.
- Confirm your own state's current statute before relying on any date.
Common questions
How long do I have to file a car accident lawsuit?
It depends on the state where the accident happened. Most states allow two or three years from the date of the accident, Tennessee allows one, and Maine, Minnesota and North Dakota allow six. The tables on this page show every state.
Which state's deadline applies to my accident?
Usually the state where the accident happened. If you're unsure, for example because you were travelling, confirm it, because the deadlines differ.
Why did Florida's deadline change?
Florida reduced its negligence deadline from four years to two under HB 837, signed in March 2023, for claims accruing on or after March 24, 2023. Fla. Stat. 95.11(5)(a) now lists an action founded on negligence among its two-year actions.
Is the car accident deadline different from other injury claims?
Sometimes. Colorado gives three years for motor vehicle accidents, and Kentucky gives two years for motor vehicle claims against a general injury deadline of one. Always check the rule for your state and claim type.
What is the difference between reporting an accident and the statute of limitations?
Reporting is a notice to your own insurer, and your policy sets its own time limit. The statute of limitations is the legal deadline for filing a lawsuit. Missing the first can complicate a claim; missing the second can end your right to sue.
What if a government vehicle was involved?
A shorter notice deadline usually applies. Oklahoma, for example, requires written notice within one year, and Vermont requires notice within 20 days for a defective town bridge or culvert. Check your state's page.
Does the clock stop while I negotiate with the insurer?
Generally no. Opening a claim with an insurer does not pause the lawsuit deadline in states like Tennessee. If talks drag on, the deadline can pass without a lawsuit filed.
What if the injured person was a child?
Many states pause the deadline while a child is under 18, but the rule is state-specific and has exceptions. Do not assume it applies. Check your state's page or ask a licensed attorney.
What if I only discovered the injury later?
Most states start the clock on the date of the accident, not when you discover an injury or finish treatment. A narrow discovery rule exists in some places, but do not count on it.
Is the wrongful death deadline the same?
Not always. Florida's is two years from the date of death, Vermont's is two years, Rhode Island's three. Each state page has its own.
What happens if I miss the deadline?
A court can dismiss the lawsuit, whatever the facts. Some narrow exceptions exist, but they are the exception. If you are close to a deadline, get advice quickly.
Sources
Written by The Accident Advisory editorial team from the sources below.
- Florida Statutes § 95.11(5)(a) and (e): two-year limit for negligence actions and wrongful death; HB 837 (ch. 2023-15, Laws of Florida). Accessed
- Texas Civil Practice and Remedies Code § 16.003(a): two years for personal injury (text via texas.public.law). Accessed
- Maine Revised Statutes, Title 14, § 752: civil actions within 6 years after the cause of action accrues. Accessed
- North Dakota Century Code § 28-01-16: six-year actions, including injury to the person or rights of another not arising upon contract. Accessed
- New York Civil Practice Law and Rules § 214(5): three years for personal injury. Accessed
- State statutes as cited on each of our state pages, including KRS § 413.140 and § 304.39-230; Tenn. Code Ann. § 28-3-104; O.C.G.A. § 9-3-33; C.R.S. § 13-80-101; La. Civ. Code art. 3493.1 (Act 423 of 2024); 12 Vt. Stat. § 512; Okla. Stat. tit. 51, § 156.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. The deadlines shown are general and may not reflect every exception in your situation; confirm your state's current statute or speak with a qualified attorney before relying on any deadline. Laws change over time.