Car Accidents: Statutes of Limitations

How long do I have to file a lawsuit after my car accident? What are the exceptions?

After a car accident, it's almost an insult to learn that you have a deadline to file a lawsuit or insurance claim.

The chaotic days after a car accident are filled with doctors' appointments, insurance forms and attorneys' questions.

Behind all of that is the quiet tolling of the statute of limitations.

State-by-State Car Accident Statutes of Limitations

Time limit for bringing a claim or lawsuit after a car accident

State	Time limit for personal injury claim	Time limit for property damage claim	Link to State Statute
Alabama	2 years	2 years	Alabama Code 6-2-1, et. seq
Alaska	2 years	2 years	Alaska State. §09.10.070
Arizona	2 years	2 years	Ariz. Rev. Stat. Ann. § 12-542 et seq.
Arkansas	3 years	3 years	(PDF) Ark. Code Ann. § 16-56-101 et seq.
California	2 years	3 years	Cal. Civ. Proc. Code § 312 et seq.
Colorado	3 years	3 years	C.R.S. 13-80-101(1)(n) (2009)
Connecticut	2 years	2 years	Conn. Gen. Stat. Ann. § 52-575 et seq.
Delaware	2 years	2 years	Del. Code Ann. tit. 10, § 8101 et seq.
DC	3 years	3 years	D.C. Code § 12-301 et seq.
Florida	2 years	2 years	Fla. Stat. Ann. § 95.011 et seq.
Georgia	2 years	4 years	Ga. Code Ann. § 9-3-32 et seq.
Hawaii	2 years	2 years	Haw. Rev. Stat. § 657-7 et seq.
Idaho	2 years	3 years	Idaho Code § 5-218 et seq.
Illinois	2 years	5 years	735 Ill. Comp. Stat. 5/13-201 et seq.
Indiana	2 years	2 years	(PDF) Ind. Code Ann. § 34-11-2-1 et seq.
Iowa	2 years	5 years	Iowa Code Ann. § 614.1 et seq.
Kansas	2 years	2 years	Kan. Stat. Ann. § 60-501 et seq.
Kentucky	1 years	2 years	Ky. Rev. Stat. Ann. § 413.080 et seq.
Louisiana	1 years	1 years	La. civil code § 3492 et seq.
Maine	6 years	6 years	Me. Rev. Stat. Ann. tit. 14, § 752
Maryland	3 years	3 years	Md. Courts & Jud. Proc. Code Ann. § 5-101
Massachusetts	3 years	3 years	Mass. Ann. Laws ch. 260, § 1 et seq.
Michigan	3 years	3 years	Mich. Comp. Laws § 600.5801 et seq.
Minnesota	2 years	6 years	Minn. Stat. Ann. § 541.01 et seq.
Mississippi	3 years	3 years	Miss. Code. Ann. § 15-1-1 et seq.
Missouri	5 years	5 years	Mo. Rev. Stat. § 516.097 et seq.
Montana	3 years	2 years	Mont. Code Ann. § 27-2-201 et seq.
Nebraska	4 years	4 years	Neb. Rev. Stat. § 25-201 et seq.
Nevada	2 years	3 years	Nev. Rev. Stat. Ann. § 11.010 et seq.
New Hampshire	3 years	3 years	N.H. Rev. Stat. Ann. § 508:1 et seq.
New Jersey	6 years	6 years	N.J. Stat. Ann. § 2a:14-1 et seq.
New Mexico	3 years	4 years	N.M. Stat. Ann. § 37-1-1 et seq.
New York	3 years	3 years	N.Y. Civ. Prac. Laws & Rules § 201 et seq.
North Carolina	3 years	3 years	N.C. Gen. Stat. § 1-46 et seq.
North Dakota	6 years	6 years	(PDF) N.D. Cent. Code § 28-01-01 et seq.
Ohio	4 years	4 years	Ohio Rev. Code Ann. § 2305.03 et seq.
Oklahoma	2 years	2 years	Okla. Stat. Ann. tit. 12, § 91 et seq.
Oregon	2 years	6 years	Or. Rev. Stat. § 12.010 et seq.
Pennsylvania	2 years	2 years	42 Pa. Cons. Stat. Ann. § 5501 et seq.
Rhode Island	3 years	10 years	R. I. Gen. Laws § 9-1-12 et seq.
South Carolina	3 years	3 years	S.C. Code Ann. § 15-3-510 et seq.
South Dakota	3 years	6 years	S.D. Codified Laws Ann. § 15-2-1 et seq.
Tennessee	1 years	3 years	Tenn. Code Ann. § 28-3-101 et seq.
Texas	2 years	2 years	Tex. Civ. Prac. & Rem. Code § 16.001 et seq.
Utah	4 years	3 years	Utah Code Ann. § 78-12-22 et seq.
Vermont	3 years	3 years	Vt. Stat. Ann. tit. 12, § 461 et seq.
Virginia	2 years	5 years	(PDF) Va. Code Ann. § 8.01-228 et seq.
Washington	3 years	3 years	Wash. Rev. Code Ann. § 4.16.005 et seq.
West Virginia	2 years	2 years	W. Va. Code § 55-2-1 et seq.
Wisconsin	3 years	6 years	Wis. Stat. Ann. § 893.01 et seq.
Wyoming	4 years	4 years	Wyo. Stat. § 1-3-102 et seq.

What is the statute of limitations? It bars a claim after a certain period of time has passed. When the statute of limitations begins, the clock starts ticking from the time of the injury or when the plaintiff should have reasonably known of the injury or property damage.

Typical exceptions to the statute of limitations

While some states have their own specific exceptions created by statute or contract, there are universal exceptions that can toll the statute of limitations and extend the filing date beyond the statutory period.

The defendant has left the state: If the defendant isn't there to file a claim against, then how are you going to win your case? You can't file against a ghost. The courts understand this, and they give some leniency in terms of waiting for your defendant to come back to town.
The defendant is a minor/legally incompetent/legally unfit to stand trial: The statute of limitations is tolled until the incompetency is removed or the minor reaches age 18.
The defendant is dead or imprisoned: You can bring a claim against the defendant's estate. If the defendant is imprisoned, you can wait until he has made parole.
At war/active military duty: Courts generally wait until the state is no longer embattled for suits to continue. Likewise, if a party is on active military duty, the statute of limitations is tolled until he or she returns.
Tolling agreements: Both sides can enter a tolling agreement in order to waive the statute of limitations. This preserves the right to file for the plaintiff and can actually minimize court costs for the defendants because the certainty of the agreement allows both sides to clearly assess their positions and conduct effective negotiations.
Equitable tolling: This is when the plaintiff could not reasonably have discovered the cause of action, despite due diligence on his part, until after the statute of limitations period had passed (for example, an asbestos claim in which the plaintiff did not discover his cancer until 20 years later).

When the car accident statutes of limitations may be shorter

Car accidents involving a government entity

Depending on where an accident occurred (and, most importantly, with whom), the statute of limitations might be shortened dramatically. A government employee might also have immunity from suits. Some states only offer a six-month window in which to file a claim, and many have other state-specific pre-filing requirements. If these are not followed, a case can be barred entirely. See more about how to collect damages in a lawsuit involving a government vehicle.

Car accidents involving dram shop laws

Dram shop laws vary from state to state, with 43 states having adopted some form and allowing a degree of liability against drinking establishments that allow visibly intoxicated patrons to drive away drunk. Some states only allow 60 days before a claim is barred. If you have been injured, speak to an attorney in your state as soon as practicable.

A car accident attorney can help you navigate these complicated waters.

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