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Car Accident Statute of Limitations by State (2026)
Most states give you 2 years from the accident to file a car accident injury lawsuit (25 states). The shortest deadline is 1 year in Tennessee; the longest is 6 years in Maine, Minnesota, North Dakota. Claims against government agencies usually have much shorter notice deadlines.
- All 50 states + DC
- Verified 2026-11-13
- Official sources on each state page
How much time do you have to file?
General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.
1-year deadline (1 state)
2-year deadline (25 states)
- Alabama
- Alaska
- Arizona
- California
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Nevada
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Texas
- Virginia
- West Virginia
3-year deadline (18 states)
- Arkansas
- Colorado
- District of Columbia
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Montana
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Washington
- Wisconsin
4-year deadline (3 states)
5-year deadline (1 state)
6-year deadline (3 states)
Deadlines for claims against the government
If a city bus, police car or other public vehicle hit you, or a road defect caused the crash, you usually must send a written notice of claim long before the lawsuit deadline. Missing it can end the claim.
| State | Notice deadline | What to do |
|---|---|---|
| Alabama | 6 months (cities) | Claims against a city must be presented to the city clerk within 6 months or they are barred. Claims against a county must be presented to the county commission within 12 months. Claims against the State go to the Board of Adjustment within 1 year. |
| Alaska | 2 years (no separate notice) | Alaska has no general statute requiring a notice of claim before suing the State; tort suits are filed in state court within the normal 2-year deadline. Check the specific city or borough code for any local notice rule. |
| Arizona | 180 days | A written notice of claim must be filed with the person authorized to accept service for the public entity or employee (state, county, city, school district) within 180 days, and the lawsuit must be filed within 1 year. |
| Arkansas | 3 years (no separate notice) | Claims against the State go to the Arkansas State Claims Commission, not court, and must be filed within the normal limitation period (3 years for injury). Cities and counties are immune except up to their liability insurance; no statutory notice deadline was found. |
| California | 6 months | A written government claim must be filed with the state agency, county or city within 6 months of the injury. If it is rejected, you generally have 6 months from the mailed rejection notice to sue. A late-claim application is possible within 1 year. |
| Colorado | 182 days | Written notice must be filed within 182 days after discovering the injury: with the Attorney General for claims against the State, or with the governing body or its attorney for a county, city or other public entity. Send it by certified/registered mail or personal service. |
| Connecticut | 90 days (road defects) / 6 months (town employees) | Crashes caused by a road defect need written notice within 90 days: to the town/city clerk or selectman, or to the Transportation Commissioner for state highways. Claims against a town employee require notice to the town clerk within 6 months. State-vehicle crashes are sued directly within 2 years. |
| Delaware | 1 year (City of Wilmington and local ordinances) | For City of Wilmington claims, written notice must go to the Mayor within 1 year of the injury. Other counties and towns may require notice by ordinance, but a notice given within 1 year cannot bar suit. No statewide notice rule for the State was found. |
| District of Columbia | 6 months | Before suing the District of Columbia, written notice of the time, place, cause and circumstances must be given to the Mayor within 6 months of the injury. A Metropolitan Police Department report made in the regular course of duty also counts as notice. |
| Florida | 3 years (written claim) | Present a written claim to the agency within 3 years, and also to the Department of Financial Services for state agencies (not cities or counties). Wait up to 6 months for a decision. Sue within 4 years. Wrongful death: claim within 2 years. |
| Georgia | 6 months (city) / 12 months (county, state) | Before suing, send written 'ante litem' notice: to a city within 6 months of the crash, to a county within 12 months, and to the State (Risk Management and the agency) within 12 months of discovering the loss. |
| Hawaii | 2 years | Against a county, you must give a written report of the injury to the official named in the county charter within 2 years. Against the State, the lawsuit itself must be filed within 2 years after the claim accrues. |
| Idaho | 180 days | A written notice of claim must be filed within 180 days of the crash (or when it reasonably should have been discovered): with the Secretary of State for state claims, or with the clerk or secretary of the city, county or other local body. |
| Illinois | 1 year | Against a city, county or other local public body, the lawsuit itself must be filed within 1 year. Against the State, written notice must go to the Attorney General and the Court of Claims clerk within 1 year, and the case is heard in the Court of Claims. |
| Indiana | 180 days (local) / 270 days (state) | Written tort claim notice is required: for a city, county or other local body, within 180 days of the loss, to its governing body and the political subdivision risk management commission; for the State, within 270 days, to the Attorney General or the state agency involved. |
| Iowa | 2 years | Against the State, file a written claim with the Iowa Department of Management within 2 years or it is barred. Against a city, county or other local body there is no separate notice, but the lawsuit must start within 2 years of the injury. |
| Kansas | Notice before suing (within the 2-year limit) | Against a city, county or other municipality, file written notice with its clerk or governing body before suing, then wait for denial or 120 days. The 2-year limit is extended so you have at least 90 days after denial. No such notice applies to the State. |
| Kentucky | 1 year (state) / 90 days (city road defects) | Claims against the Commonwealth and its agencies must be filed with the Board of Claims within 1 year. If a city's defective street or sidewalk caused the crash, written notice to the city is due within 90 days. |
| Louisiana | 2 years (no separate notice) | No special notice of claim is required; suits against the State or a local government follow the normal 2-year prescription. Trap: after filing, you must request service on the government defendant within 90 days or the suit can be dismissed. |
| Maine | 365 days | Under the Maine Tort Claims Act, file a written notice of claim within 365 days: with the state agency involved and the Attorney General for State claims, or with the town, city or county for local claims. The lawsuit itself must be filed within 2 years. |
| Maryland | 1 year | Within 1 year of the injury, send a written claim to the State Treasurer for State claims, or written notice to the county or city (as the statute specifies) for local claims. Suit against the State also needs a final denial and must be filed within 3 years. |
| Massachusetts | 2 years (written claim) | Present a written claim within 2 years of the crash: to the city or town's executive officer (mayor, manager, clerk, solicitor, etc.) or, for the Commonwealth, to the Attorney General. If not denied within 6 months it counts as denied; suit must be filed within 3 years. |
| Michigan | 120 days (road defects) / 6 months (State) | For a crash caused by a defective road, serve notice on the responsible agency within 120 days (180 days for a minor). For any injury claim against the State, file a claim or notice of intent with the Court of Claims clerk within 6 months. |
| Minnesota | 180 days | Give written notice within 180 days after the injury is discovered: to the city or county's governing body for local claims, or to the Attorney General for State claims. Time while the injured person is incapacitated by the injury does not count. |
| Mississippi | 1 year (notice at least 90 days before suing) | Claims against the State, a county or a city must be brought within 1 year. File a written notice of claim with the entity's chief executive officer at least 90 days before suing; timely notice pauses the 1-year clock for 95 days. |
| Missouri | 90 days (city road defects only) | Missouri has no general notice rule for crashes with government vehicles; the normal 5-year deadline applies. But if a street, bridge or sidewalk defect in a city caused the injury, written notice must reach the mayor within 90 days. |
| Montana | No separate notice deadline (claim first, within 3 years) | Before suing the State, file a written claim with the Department of Administration; it has 120 days to decide, and that time pauses the deadline. Claims against a city or county are filed with its clerk or secretary. The normal 3-year limit still applies. |
| Nebraska | 1 year (local) / 2 years (State) | For a city, county or other local government, file a written claim with its governing body within 1 year. For the State, file a written claim with the Risk Manager within 2 years. Suit can follow denial, with 6 extra months if needed. |
| Nevada | 2 years (no separate required notice) | You may file an administrative claim with the Attorney General (State) or the city/county governing body within 2 years, but it is not required before suing. The lawsuit itself must be filed within 2 years; damages are capped at $200,000. |
| New Hampshire | 60 days (cities, towns, counties) | For a city, town, county or other local governmental unit, notify its clerk by registered mail within 60 days of the injury, then sue within 3 years. Claims against the State itself have no 60-day notice but must be brought within 3 years. |
| New Jersey | 90 days | File a written notice of claim with the State or the local public entity within 90 days of the crash. You may sue only 6 months after the notice is received, and within 2 years. A judge may allow late notice within 1 year for extraordinary circumstances. |
| New Mexico | 90 days | Give written notice within 90 days of the crash (state claims go to the Risk Management Division, local claims to the mayor, county clerk or similar official), unless the agency already had actual notice. Sue within 2 years. |
| New York | 90 days | For a city, county, town or other public corporation, serve a notice of claim within 90 days and sue within 1 year and 90 days. For New York State, file the claim (or a notice of intention) with the Attorney General within 90 days; the Court of Claims strictly enforces this. |
| North Carolina | 3 years (no separate notice) | Claims against State agencies go to the Industrial Commission within 3 years (2 years after death for wrongful death). State law bars cities and counties from requiring a pre-suit notice of claim through local acts or charters. |
| North Dakota | 180 days (State) / 1 year if serious injury | For a claim against the State, give written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered (1 year for a serious injury). Claims against cities and counties need no notice but must be sued within 3 years. |
| Ohio | 2 years (no separate notice) | Ohio has no special notice-of-claim deadline. Sue a city, county or other political subdivision within 2 years, and file against the State in the Court of Claims within 2 years (or any shorter period that would apply between private parties). |
| Oklahoma | 1 year | Under the Governmental Tort Claims Act, give written notice of claim to the State or the city/county within 1 year of the crash or the claim is forever barred. If the claim is denied (or not approved within 90 days), you must sue within 180 days. |
| Oregon | 180 days | Under the Oregon Tort Claims Act, give notice of claim to the State or local public body within 180 days of the injury (up to 90 days of incapacity don't count). The lawsuit must be filed within 2 years. |
| Pennsylvania | 6 months | File a written notice with the government unit within 6 months of the crash; for a Commonwealth (state) agency, also send it to the Attorney General. Missing it can get the suit dismissed unless you have a reasonable excuse. Suit within 2 years. |
| Rhode Island | 60 days (road or bridge defects) | If a town's defective road or bridge caused the injury, give the town council written notice within 60 days or lose the claim. Other claims against a town must first be presented to the council (wait 40 days) before suing within 3 years. |
| South Carolina | 2 years to sue (optional claim within 1 year) | Under the SC Tort Claims Act you must sue the state or local government within 2 years. If you first file a verified claim (within 1 year, with the employing agency or political subdivision), the deadline to sue becomes 3 years. |
| South Dakota | 180 days | Written notice of the time, place and cause of the injury must reach the public entity within 180 days (state: Attorney General and Commissioner of Human Resources and Administration; county: auditor; city: mayor or finance officer). The notice does not extend the 3-year deadline to sue. |
| Tennessee | 12 months | Suits against cities, counties and other local governments must be filed within 12 months after the crash. Claims against the State go to the Claims Commission: written notice to the Division of Claims and Risk Management within the normal 1-year limitation period. |
| Texas | 6 months | Under the Texas Tort Claims Act, written notice describing the injury, time, place and incident must reach the governmental unit within 6 months. City charters can require shorter notice. Formal notice is excused if the unit actually knew of the injury. |
| Utah | 1 year | A written notice of claim must be filed within 1 year after the claim arises, or the claim is barred. Claims against the State go to the Attorney General; against a city or town to its clerk; against a county to the county clerk. |
| Vermont | 3 years (no general notice); 20 days for town bridge/culvert defects | No general notice-of-claim step was found for suing the State or towns; the normal 3-year deadline applies. Exception: injuries from an unsafe town bridge or culvert need written notice to a selectboard member within 20 days. |
| Virginia | 1 year (state) / 6 months (county, city, town) | Claims against the Commonwealth need a written notice of claim to the Director of Risk Management or the Attorney General within 1 year. Negligence claims against a county, city or town need a written statement to its attorney or mayor/chief executive within 6 months. |
| Washington | Claim within 3 years, then wait 60 days | File a standard tort claim form before suing: with the Office of Risk Management for the State, or the designated agent of a city, county or other local entity. You must wait 60 calendar days before suing; the 3-year deadline pauses during that wait. |
| West Virginia | 30 days' notice before suing a state agency; 2 years for cities/counties | Before suing a state agency, send written notice by certified mail to the agency's chief officer and the Attorney General at least 30 days before filing. Suits against cities, counties and other political subdivisions must be filed within 2 years; no separate notice required. |
| Wisconsin | 120 days | For a city, county, school district or other local body, serve written notice of the circumstances within 120 days, then an itemized claim. For a state officer or employee, serve sworn notice on the Attorney General within 120 days, by certified mail or in person. |
| Wyoming | 2 years (claim), then 1 year to sue | Present an itemized written claim to the governmental entity within 2 years of the crash, then file suit within 1 year after filing the claim. Children 7 or younger get until the later of 2 years or their 8th birthday to sue. |
Checked 2026-11-14 against state statutes; each state page links the exact sections. Not legal advice.
Frequently asked questions
- How long do you have to file a car accident lawsuit?
- It depends on the state: from 1 year (Tennessee) to 6 years (Maine, Minnesota, North Dakota). The most common deadline is 2 years, used by 25 states.
- When does the deadline start?
- Usually on the date of the accident. Some states delay the start for minors or for injuries that were not discovered right away. Check your state page for exceptions.
- Is the deadline shorter for claims against the government?
- Often, yes. Claims against cities, counties or the state usually require a written notice of claim within a much shorter period, sometimes 6 months or less. Missing it can end your claim.
- Does the deadline apply to insurance claims?
- The statute of limitations is the deadline to file a lawsuit. Insurance policies have their own, often shorter, deadlines to report a claim, so notify insurers promptly.