By Serdar Arslan, editor · Last reviewed · 8 min read · How we research
Picture a strong injury case with clear fault, a police report on your side, and $40,000 in medical bills. File it one day after the statute of limitations runs and a court will almost certainly throw it out. That deadline is easy to lose track of when you're in physical therapy twice a week and trading emails with an adjuster.
How the deadlines work in general is below. Your actual date depends on your state, the kind of claim, and who you're suing.
The deadline is for filing a lawsuit, not an insurance claim
People mix these up all the time. The statute of limitations is the deadline to file a lawsuit in court. It is not the deadline to call an insurance company. Insurance policies have their own notice requirements, which are often much shorter (many policies simply require "prompt" notice).
Talking with an adjuster does not stop the legal clock. If settlement talks drag on and the deadline passes, you may lose the right to sue, and the insurer then has little reason to offer a fair amount. Negotiations do not pause the statute of limitations unless a specific written agreement or state law says so.
Different claims, different deadlines
One crash can create several claims, each with its own deadline:
| Type of claim | What it covers | Example: California | Example: Virginia |
|---|---|---|---|
| Personal injury | Your bodily injuries, pain, lost wages | 2 years from injury | 2 years after the claim accrues |
| Property damage | Damage to your car and belongings | 3 years from the damage | 5 years after the claim accrues |
| Wrongful death | Claims by family when someone dies | 2 years from the death | 2 years after the death |
| Claim against a government agency | Crashes involving city buses, police cars, road defects | Shorter claim deadline first | Notice rules apply |
California figures come from the California Courts Self-Help Guide. Virginia figures come from Virginia Code §§ 8.01-243 and 8.01-244. Other states use different periods, generally ranging from one to six years for personal injury. Look up your state on our state law pages.
When does the clock start?
In most car accident cases, the clock starts on the date of the crash, because that's when the injury happened. But there are exceptions.
The discovery rule
Some injuries are not obvious right away. Under what is often called the discovery rule, some states start the clock when you discovered (or reasonably should have discovered) the injury, instead of the crash date. The California Courts Self-Help Guide describes this for cases where an injury or damage wasn't discovered right away. Courts apply this rule narrowly in car crash cases, since most injuries are known at or soon after the crash. Don't assume it will help you.
Wrongful death
For wrongful death, the clock often starts on the date of death, which may be later than the crash date. Virginia, for example, requires a wrongful death action to be brought by the personal representative within two years after the death. See our wrongful death claims guide.
When can the clock pause? (Tolling)
"Tolling" means pausing or extending the deadline. Common reasons include:
- The injured person is a minor. In many states, the clock for a child's injury claim doesn't start until the child turns 18. Note that a parent's own claim for the child's medical bills may have a different deadline.
- Mental incapacity. If the injured person is legally incapacitated, the deadline may be paused.
- The defendant leaves the state or hides. Some states pause the clock while the at-fault person is absent or can't be found.
- Emergency court orders. For example, California paused statutes of limitations longer than 180 days from April 6 to October 1, 2020, during the COVID-19 emergency, according to the state's self-help guide.
Tolling rules are technical and vary a lot. The California Courts Self-Help Guide itself recommends talking to a lawyer about tolling and discovery-rule questions.
Claims against government agencies: much shorter deadlines
If a government vehicle or employee was involved (a city bus, a police car, a public works truck) or if a road defect caused the crash, special rules usually apply. Many states require you to file a formal notice of claim with the agency long before the regular statute of limitations runs out. These notice deadlines can be as short as a few months.
The California self-help guide notes that for government agencies, you must first submit a claim to the agency by an earlier deadline before you can sue. Missing the notice deadline can end your claim even if the regular lawsuit deadline hasn't passed yet. If a public entity may be responsible, find out the notice rules right away. Our state pages list government claim rules where we could verify them.
Other deadlines that can sneak up on you
Beyond the statute of limitations, watch for:
- Insurance policy notice deadlines. Your own policy may require prompt notice of an accident or a claim for uninsured motorist benefits. See uninsured and underinsured motorist claims.
- PIP deadlines in no-fault states. Some no-fault states require medical treatment or a PIP application within a short window. See no-fault vs. at-fault insurance.
- State crash report deadlines. Some states require drivers to file a report with the DMV within days. See what to do after a car accident.
- Small claims filing. Small claims cases are still subject to the statute of limitations. See small claims court for car accidents.
How to figure out your deadline
- Identify every claim. Injury, property damage, wrongful death, and claims against your own insurer may each have different deadlines.
- Find the statute. Use our state law pages, which link to the official statute where we could verify it.
- Check for special situations. Is a government agency involved? Was the injured person a minor? Did someone die later from their injuries?
- Count conservatively. Use the earliest possible start date (usually the crash date). Don't wait until the last week.
- Use a calculator as a starting point. Our statute of limitations calculator gives a rough date based on your state and crash date.
- Confirm with a licensed attorney if you're close to the deadline or if any exception might apply.
What happens if you miss it?
If you file after the deadline, the defendant can ask the court to dismiss the case, and in most situations the court will. Once the deadline has passed, insurers know you can no longer sue, which weakens your bargaining position. In rare cases, an exception may apply, but you shouldn't count on one.
Circle the date now
Write down the crash date and work forward. The lawsuit deadline is separate from your insurer's notice rules, and the injury, property, and wrongful death claims from one crash may each expire on a different day (for a death, the clock often starts on the date of death instead). Exceptions for minors or incapacity exist but are technical, so don't plan around them. If a city bus, police car, or bad road was involved, the government notice deadline may come months before anything else. And an adjuster who keeps saying "we're still reviewing it" has not paused anything.