How Much Time Do I Have to File a Car Accident Claim?

Car accidents happen fast, but the legal process that follows is anything but simple. One of the most important questions you’ll have after a crash is how long you have to file a claim. In the US, the answer depends on where the accident happens, who is involved, and whether the vehicle belongs to a private driver, a commercial company, or a government agency.

Missing the deadline—known as the statute of limitations—can permanently end your ability to recover compensation, even if the other driver was clearly at fault.

Because so many Americans travel across state lines, commute for work, or drive leased or employer-owned vehicles, knowing how these rules differ can protect your rights after an accident.

Standard Statutes of Limitations for Car Accident Claims

Every state sets its own statute of limitations for filing personal injury and property-damage lawsuits, making it crucial to consult with a car accident lawyer before time runs out.

Most states fall within a one- to three-year range, although a few states offer more time:

• One year is the shortest window and applies in states like Kentucky, Tennessee, and Louisiana.
• Two years is the most common limit (including California, Texas, Ohio, Arizona, Georgia, and Pennsylvania).
• Three years apply in states such as New York, New Jersey, Washington, and North Carolina.
• Four years or more applies in a few states, such as Florida (four years for property damage) and Maine (six years).

In general, the clock starts on the date of the accident, although some states allow extra time if the injury wasn’t discovered immediately. This “discovery rule” is limited and often requires medical documentation.

For most private-vehicle crashes involving everyday drivers, these default statutes of limitations control the timeline for filing a claim. But that changes quickly when the other vehicle belongs to the government or to a commercial company.

Accidents Involving Government Vehicles

If you’re hit by a government vehicle such as a city bus, police cruiser, fire truck, postal truck, public-school vehicle, or any car operated by a state or federal employee, the standard personal-injury deadline doesn’t apply. Instead, nearly every state requires a formal notice of claim within 90 days to one year before you can file a lawsuit. These notices must be submitted to the appropriate government entity within a very short timeframe.

Unlike a standard lawsuit, a notice of claim is a formal written document with specific requirements. If the notice is late, incomplete, or sent to the wrong agency, your claim can be barred, even if liability is obvious. Only after the government accepts or denies the notice can the actual lawsuit proceed, and the lawsuit itself has its own statute of limitations.

Commercial Vehicle Accidents

Amazon delivery vans, rideshare cars, trucking companies, construction fleets, taxis, corporate-owned cars, and other commercial vehicles also follow the regular injury statute of limitations, but the process is often more complicated.

Commercial accidents may involve:

• Multiple layers of insurance
• Corporate defendants
• Leasing companies
• Maintenance contractors
• Third-party logistics companies
• Federal trucking regulations (FMCSA for trucks over 10,000 lbs)

Some states create different rules for claims involving commercial carriers. For example:

Indiana shortens certain claims involving corporate entities to two years, matching the personal-injury limit, and Nevada allows three years for personal injury but two years for cases involving large commercial vehicles if wrongful death is involved.

Federal claims may also apply if a commercial driver is operating under a federal contract.

In commercial cases, evidence such as dashcam footage, telematics data, and driver logs can disappear quickly, so it is important to act early, even if the filing deadline is later.

Property Damage Deadlines May Differ From Injury Deadlines

Many states separate the timelines for property damage (vehicle repairs) and injury claims. This means that while you may have three or four years for property damage claims, you generally have two years for car accident injuries.

These timelines are important because a driver might feel fine after an accident but not develop pain until later. If the injury deadline passes, the driver may still recover car-repair costs but not medical damages.

Uninsured and Underinsured Motorist Claims Have Their Own Rules

Filing a claim through your uninsured motorist (UM) or underinsured motorist (UIM) coverage follows different timelines than suing the at-fault driver. Your claim against the other driver is a tort action, so it follows your state’s personal injury statute of limitations. But a UM/UIM claim is a contract claim, which means the deadlines come from the terms of your insurance policy or your state’s contract-law rules.

Because of this distinction, UM/UIM filing deadlines can be much shorter or longer than the typical personal injury limit. For example:

• California: UM arbitration must be demanded within 2 years. This is a contractual requirement, and missing it can bar your claim even if you’re still within the personal injury (tort) deadline.
• New York: UM coverage requires notice “as soon as practicable,” often treated as within 90 days, far sooner than the state’s 3-year personal injury limit.
• Texas: UM/UIM claims follow the state’s 4-year contract statute, which is longer than the 2-year tort statute, but insurers still require prompt notice.

These differences matter because if the at-fault driver fled the scene or lacked adequate insurance, your UM/UIM coverage may be your only path to recovery, and your claim will be denied if you miss the contract-based deadlines, even if you filed a personal injury lawsuit on time. Meeting the UM/UIM notice requirement also does not preserve your right to sue the at-fault driver if you miss the tort deadline.

When Does the Clock Stop?

States also recognize situations where the statute of limitations “pauses,” known as tolling. While rules vary, common tolling situations include when the injured person is under 18, the defendant leaves the state and cannot be served, the injured person is mentally incapacitated, or the injury could not reasonably have been discovered.

These rules differ widely, so drivers should check local regulations if unusual circumstances apply.

Why Filing Early Matters Even If the Deadline Is Far Away

Although some states offer several years to file a lawsuit, waiting is almost always a disadvantage. Evidence disappears quickly as skid marks fade, crash data is overwritten, surveillance footage is erased, and witnesses become impossible to track. In commercial-vehicle accidents, electronic logging devices (ELDs) may overwrite data within 7 to 30 days.

Acting quickly also prevents insurance companies from arguing that delayed medical treatment means the injuries were unrelated to the crash.

Meta Title: Time Limits For Car Accident Claims | The Weekly Driver

Meta Description: Time limits for filing car accident claims may differ across US states. Find out how long you have to file a claim and what impacts the timeline.