Car accident statute of limitations by state
How long you have to file a lawsuit after a car crash in each state, for damage to your car and for injuries, with notes on claims against a government.
The clock usually starts on the day of the crash. Insurance claims don't stop it. Claims against a city, county or the state often need a written notice much sooner.
| State | Property damage | Injury | Notes |
|---|---|---|---|
2 years | 2 years | Not confirmed | |
2 years | 2 years | Small claims court in Alaska cannot hear claims against the State of Alaska or the U.S. government. | |
2 years | 2 years | Claims against a city, county, the state or another public entity: you must file a written notice of claim with a specific dollar amount within 180 days (A.R.S. § 12-821.01). | |
3 years | 3 years | Money claims against the State of Arkansas go to the Arkansas State Claims Commission, not to regular court. | |
3 years | 2 years | Before suing a city, county or state agency (or its employee), you must first file a written claim with that agency: within 6 months for an injury to you or damage to your property. The agency has 45 days to answer. | |
3 years | 3 years | Before suing a Colorado government body (city, county, state agency) for injury or damage, you must file written notice within 182 days after you discover the injury (C.R.S. § 24-10-109(1)). | |
2 years | 2 years | To claim money from the State of Connecticut, you usually must file with the Office of the Claims Commissioner within 1 year after the claim accrues (Conn. Gen. Stat. § 4-148). | |
2 years | 2 years | Delaware's Justice of the Peace Court does not hear personal injury claims. | |
3 years | 3 years | Before suing the District of Columbia for injury or property damage, you must give written notice to the Mayor within 6 months. A written MPD report made in the regular course of duty counts as notice (D.C. Code § 12-309). | |
2 years | 2 years | Property damage: plan on 2 years. A claim that the other driver carelessly damaged your car is a negligence claim, and since March 24, 2023, negligence claims have 2 years. | |
4 years | 2 years | Before suing a Georgia government, send a written notice of claim: within 6 months for a city, 12 months for a county or the State. | |
2 years | 2 years | Tort claims against the State of Hawaii must be filed within 2 years (HRS § 662-4). Before a county can be liable, you must give the county written notice of the injury or damage, with when, where and how it happened and the amount claimed, within 2 years (HRS § 46-72). | |
3 years | 2 years | Before suing a city, county or other local government, you must file a written claim with its clerk or secretary within 180 days (Idaho Code § 6-906). For a claim against the State of Idaho, file with the Secretary of State within 180 days (Idaho Code § 6-905). | |
5 years | 2 years | If you were under 18, the 2 years for injury start at your 18th birthday. Claims against cities and counties generally must be filed within 1 year; claims against the State go to the Illinois Court of Claims. | |
2 years | 2 years | Claims against a city, county or other political subdivision: written notice within 180 days to its governing body and, if it is a member, the political subdivision risk management commission (IC 34-13-3-8). Claims against the State: notice to the attorney general or the state agency involved within 270 days (IC 34-13-3-6). | |
5 years | 2 years | Claims against the State of Iowa usually go first to the State Appeal Board. Claims against cities and counties have their own deadlines. | |
2 years | 2 years | Before suing a Kansas city, county or other municipality for money damages, you must first file a written notice of claim with it (K.S.A. 12-105b(d)). | |
2 years | 2 years | Negligence claims against Kentucky state agencies go to the state's claims board (Kentucky Claims Commission), not regular court, and must be filed within 1 year after the claim arises (KRS 49.120). | |
2 years | 2 years | Louisiana calls this 'prescription.' The 2-year period applies to claims arising after July 1, 2024 (Acts 2024, No. 423 is prospective only); older crashes had 1 year. | |
6 years | 6 years | For a claim against a Maine government body, you must file a written notice of claim within 365 days (14 M.R.S. § 8107), and small claims court can't hear personal injury claims against a city or town. | |
3 years | 3 years | To sue a county, city or other local government, give written notice within 1 year of the injury, in person or by certified mail, to the officials named in the law (Cts. & Jud. Proc. § 5-304). To sue the State, first submit a written claim to the State Treasurer within 1 year, and file suit within 3 years (State Gov't § 12-106). | |
3 years | 3 years | Before suing a Massachusetts public employer (state, city or town) for negligence, you must first give a written claim to its executive officer within 2 years (for a city or town, for example the mayor, town manager or city/town clerk; for the state, the Attorney General). If it isn't denied in writing within 6 months, it counts as denied. | |
3 years | 3 years | Claims against the State of Michigan: file a written claim or notice of intent with the Court of Claims clerk within 6 months for property damage or personal injury (MCL 600.6431(4)). Injury from a defective highway: serve notice on the government agency within 120 days (MCL 691.1404). | |
6 years | 6 years | To sue a Minnesota city, county or other municipality, give written notice of the claim to its governing body within 180 days after the loss or injury is discovered (Minn. Stat. § 466.05). For a claim against the State, present notice to the attorney general within 180 days (Minn. Stat. § 3.736, subd. 5). | |
3 years | 3 years | Not confirmed | |
5 years | 5 years | Claims against Missouri government bodies are limited, and some cities require written notice of an injury within 90 days. | |
2 years | 3 years | A claim against the State of Montana must first be presented in writing to the Department of Administration, which has 120 days to decide; the statute of limitations is paused for those 120 days (Mont. Code Ann. § 2-9-301). | |
4 years | 4 years | Claims against a city, county or other local government: give a written claim to its governing body within 1 year, and sue within 2 years (Neb. Rev. Stat. § 13-919). Claims against the State: give a written claim to the State Risk Manager within 2 years (§ 81-8,227). | |
3 years | 2 years | Claims against the State of Nevada go to the Attorney General; claims against a city, county or other local government go to its governing body. Under NRS 41.036 the claim is filed within 2 years, but filing it is not required before you sue. | |
New Hampshire New Hampshire motor vehicle agency | Not covered yet | ||
6 years | 2 years | For a claim against a public entity (state, county, town), file a written notice of claim within 90 days, then wait 6 months before suing; you lose the claim if 2 years pass (N.J.S.A. 59:8-8). | |
4 years | 3 years | The 3-year injury deadline is in NMSA 1978, § 37-1-8; the Legislature's tables of changes show no 2024-2026 amendments to chapter 37, article 1. | |
3 years | 3 years | Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i). | |
3 years | 3 years | Negligence claims against state agencies go to the N.C. Industrial Commission, not to small claims. | |
6 years | 6 years | Some injury claims, like assault or malpractice, have a 2-year deadline. To sue the State of North Dakota or a state employee, first give written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered or should have been discovered, or within 1 year for a serious injury (N.D.C.C. § 32-12.2-04). | |
2 years | 2 years | Suits against a city, county or other political subdivision must be filed within 2 years (Ohio Rev. Code § 2744.04). Suits against the State of Ohio go to the Ohio Court of Claims and must be filed within 2 years (Ohio Rev. Code § 2743.16(A)). | |
2 years | 2 years | To claim against an Oklahoma state agency, city or county, you must present a written claim within 1 year of the loss, or it is barred (51 O.S. § 156). | |
6 years | 2 years | To sue a state agency, city or county, you must give notice of claim within 180 days (1 year for wrongful death) (ORS 30.275). | |
2 years | 2 years | Before suing a government unit (city, township, county, state agency) for injury or property damage, file a written statement with that government unit within 6 months; for a Commonwealth agency, also file it with the Attorney General (42 Pa.C.S. § 5522). | |
10 years | 3 years | Before suing a Rhode Island city or town, you must present a detailed account of your claim to its city or town council; if it isn't paid within 40 days, you can sue (R.I. Gen. Laws § 45-15-5). | |
3 years | 3 years | Claims against South Carolina government bodies fall under the Tort Claims Act: the lawsuit must be filed within 2 years after the loss was or should have been discovered, or within 3 years if you first filed a claim under the Act (S.C. Code § 15-78-110). These cases go to circuit court, not magistrate court. | |
6 years | 3 years | To sue the state or a local government, give written notice of the time, place and cause of the injury within 180 days (SDCL § 3-21-2). | |
3 years | 1 year | Not confirmed | |
2 years | 2 years | To sue a Texas government body, give it written notice within 6 months; a city charter can set a shorter deadline (Tex. Civ. Prac. & Rem. Code § 101.101). | |
4 years | 4 years | Claims against a government entity or employee are barred unless a notice of claim is filed within 1 year after the claim arises (Utah Code § 63G-7-402). Government entities cannot be sued in small claims court. | |
3 years | 3 years | Suing the State of Vermont or a town has special rules; ask the court clerk first. | |
5 years | 2 years | Claims against the Commonwealth or a transportation district: file a written notice of claim within 1 year (Va. Code § 8.01-195.6). Negligence claims against a county, city or town: file a written notice within 6 months (Va. Code § 15.2-209). | |
3 years | 3 years | For a city, county or other local government, file a tort claim form first and wait 60 calendar days before suing; the deadline is paused during those 60 days (RCW 4.96.020(4)). For the State, present the claim to the Office of Risk Management and wait 60 calendar days (RCW 4.92.110). | |
2 years | 2 years | Not confirmed | |
Check your state | 3 years | Injury: OCI says you have three years from the crash to settle an injury claim or file a lawsuit. | |
4 years | 4 years | To sue a Wyoming government entity, you must first present an itemized written claim to it within 2 years of the act; claims against the State go to the general services division of the Department of Administration and Information (Wyo. Stat. § 1-39-113). |
Deadline to sue calculator
Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.
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