How Much Time Do I Have to File a Lawsuit After a Car Crash?

After a car accident, you may be entitled to compensation for your injuries, lost wages, or property damage — but you can’t wait forever to take legal action. Every state has a time limit, known as the statute of limitations, which determines how long you have to file a lawsuit after a car crash. Missing this deadline can cost you your right to recover any damages.

What Is the Statute of Limitations?

The statute of limitations is a law that sets the maximum amount of time you have to file a legal claim after an event — in this case, a car accident. The countdown usually begins on the date of the crash, but in some cases, it may start later (for example, when injuries are discovered).

If you don’t file your lawsuit before the deadline expires, the court will likely dismiss your case, no matter how strong your evidence is.

Typical Time Limits by State

While the statute of limitations varies by state, most follow these general guidelines:

Personal injury claims: 2 to 3 years from the date of the accident.
Property damage claims: 2 to 4 years from the date of the crash.
Wrongful death lawsuits: 1 to 3 years from the date of death.

Here are a few examples:

California: 2 years for personal injury, 3 years for property damage.
Texas: 2 years for both personal injury and property damage.
Florida: 2 years for personal injury (reduced from 4 years in 2023).
New York: 3 years for personal injury, 3 years for property damage.

Because the rules differ by state — and sometimes even by the type of claim — it’s essential to check your local laws or consult an attorney as soon as possible.

When Does the Clock Start?

In most cases, the statute of limitations begins on the day the accident occurred. However, there are situations where the clock may start later:

Delayed injury discovery: Some injuries, such as whiplash or internal trauma, may not appear immediately. Certain states apply a “discovery rule”, meaning the time limit starts when you discovered (or should have discovered) the injury.
Wrongful death: If a victim passes away days or weeks after the crash, the time limit for filing a wrongful death lawsuit starts on the date of death, not the date of the accident.
Minors or incapacitated victims: If the injured person is a minor or legally incapacitated, the clock might not start until they reach legal age or recover their capacity.

Special Circumstances That Can Affect the Deadline

Claims Against Government Entities

If your accident involved a government vehicle (such as a police car, school bus, or city maintenance truck), you’ll face shorter deadlines and special filing rules.

Many states require you to file a notice of claim within 6 months to 1 year before filing a lawsuit.
Missing this early step means you can’t sue the government later.

Hit-and-Run or Uninsured Driver Accidents

If the driver who hit you fled or doesn’t have insurance, you might need to rely on your uninsured/underinsured motorist coverage.

Insurance claims usually have much shorter time limits — sometimes only a few weeks or months after the crash.

Criminal Cases

If the at-fault driver faces criminal charges (like DUI), that case may affect the timeline for your civil lawsuit. Some states allow the civil claim to be paused until the criminal case concludes.

Why Acting Fast Matters

Even if you technically have years to file a lawsuit, it’s best to start the process right away. Here’s why:

Evidence can disappear: Skid marks fade, vehicles are repaired, and security footage is erased. The sooner you act, the stronger your case will be.
Witnesses forget: Memories fade over time. Getting statements early ensures accuracy.
Insurance companies delay: The longer you wait, the easier it is for insurers to argue that your injuries weren’t serious or weren’t caused by the crash.
Peace of mind: Handling legal matters quickly allows you to focus on recovery and move forward.

Steps to Take After a Car Accident

Seek medical attention immediately. Even if you feel fine, some injuries appear later.
Report the accident. File a police report and notify your insurance company.
Document everything. Take photos of the scene, damage, injuries, and collect witness contact information.
Keep all records. Save medical bills, repair estimates, and any correspondence with insurance adjusters.
Consult a personal injury attorney. A lawyer can calculate your filing deadline, handle paperwork, and negotiate with insurers while you recover.

What If You Miss the Deadline?

Unfortunately, if you miss the statute of limitations, your case will likely be dismissed permanently. There are very few exceptions — typically involving fraud, new evidence, or cases where the defendant was out of state and couldn’t be served.

This is why contacting a lawyer immediately after your accident is crucial. They can ensure all documents are filed correctly and on time.

How an Attorney Can Help

An experienced car accident attorney can:

Determine your exact statute of limitations based on your case and location.
Gather evidence before it’s lost or destroyed.
Handle communication with insurance companies.
Calculate the true value of your claim, including pain, suffering, and future expenses.
File your lawsuit properly and on time.

They’ll make sure you don’t miss critical deadlines — and that you get the maximum compensation you deserve.