Here's a question that confuses thousands of people every year: how long do you have to file a claim after an accident? Most people assume they have plenty of time. They want to recover first, wait to see how severe the injuries are, or simply don't want to deal with it yet. Then, one day, a lawyer tells them that they have waited too long and that they have lost their right to any compensation.
That deadline has a name: the statute of limitations. It's the strict deadline for filing a lawsuit regarding your injuries or damaged property. If you miss it, a court will almost certainly dismiss your case, regardless of how badly you were hurt or how clearly the other driver was at fault.
What makes this confusing is that there isn't one national deadline. The time limit varies depending on your state, who you're suing and what kind of claim you're bringing. In California, for example, you have two years to make a personal injury claim under Code of Civil Procedure § 335.1, according to the California Legislature. Colorado gives you three years for motor vehicle injury cases under C.R.S. § 13-80-101, as recognized by the Colorado Supreme Court. It's the same kind of crash, but the time limits are very different.
So, before you decide to 'wait and see', make sure you understand what you're really risking. This article will walk you through the deadlines, pitfalls and steps to protect you.
Key takeaways
- Deadlines for submitting claims vary from state to state. For example, California allows two years for injury claims (California Code of Civil Procedure § 335.1), whereas Colorado allows three years for injuries resulting from car accidents (Colorado Revised Statutes § 13-80-101).
- Taking legal action against a government entity results in much shorter notice deadlines — as little as 90 days for tort claims in New Jersey and New York.
- Insurance deadlines are separate and often faster — Michigan PIP claims generally must start within 1 year under MCL § 500.3145.
- Sometimes, courts pause the clock. In one reported case, Rivas v. Brownell (Iowa, 2025), a 76-day tolling order for the Coronavirus pandemic saved a late-filed lawsuit.
- Claims relating to property damage and injury can have different deadlines, even if they relate to the same crash.
Table of Contents
The clock starts the moment of the crash
In most cases of car accidents, the deadline clock starts on the day of the collision. This is known as the 'accrual' date — the point at which your legal claim comes into existence.
How much time you get from there depends on your state and the type of harm. Injury to your body and damage to your car can actually run on separate timelines. In Florida, negligence actions carry a 2-year deadline under Fla. Stat. § 95.11(5)(a), while claims for injuring personal property fall under a separate 4-year provision in § 95.11(3)(g), according to the Florida Senate. Which one applies depends on the exact claim you're bringing.
New York works differently again. According to the New York State Senate, personal injury and property damage claims generally have a three-year limitation period under CPLR §§ 214(5) and 214(4). California also has different time limits — two years for bodily injury and three years for injury to personal property under § 338(c).
Why does this matter to you? Because "I thought I had a year" is not a defense. If you're in Louisiana, note that delictual actions arising after July 1, 2024 carry a 2-year prescriptive period under Civil Code art. 3493.1 — but older claims may still fall under the former 1-year rule, according to the Louisiana Legislature. That's a big shift, and it shows how fast these rules can change.
Bear in mind that laws differ from state to state. To be on the safe side, confirm your exact deadline with a local attorney well in advance — not six months before it expires.
What to Do When the Other Driver Works for the Government
Imagine you're hit from behind by a city bus or a county truck runs a red light and crashes into your car. The usual time limit doesn't apply here. Suing a government entity comes with a special, much shorter notice requirement, and people often miss it.
These notice deadlines are brutal. In New Jersey, for example, tort claims against the state must generally be filed within 90 days of the occurrence or discovery. According to the New Jersey Division of Risk Management, getting more time requires a formal court motion. The situation is similar in New York, where a notice of claim is required to sue a public corporation and must generally be served within 90 days under General Municipal Law § 50-e(1)(a), according to the New York State Senate.
Arizona allows a little more time, but the process is still fast-paced: claims against public entities or employees must generally be notified within 180 days of accrual under A.R.S. § 12-821.01, according to the Arizona Legislature. In California, a claim for injury against a public entity must be presented within six months under Government Code § 911.2.
Here's the thing: While you might have two or three years to sue a regular driver, depending on your state, you may have as little as 90 days to file the correct paperwork if a government vehicle was involved. If you miss the initial notice deadline, the longer lawsuit deadline may do you little good — in states like New Jersey and California, late-claim relief exists but requires a formal application or court motion.
Treat it as an emergency if any government vehicle, worker or public agency was involved in your crash. Speak to a lawyer within days, not weeks.
Your insurance has its own clock — and it's faster
Suing the other driver is one option. Filing a claim with an insurance company is a completely separate process, and often moves much more quickly.
In "no-fault" states, you first turn to your own policy for medical bills and lost wages through something called PIP — Personal Injury Protection. These claims come with tight filing windows. New York's mandatory PIP rules require written notice of the accident within 30 days, proof of health services within 45 days, and proof of lost wages within 90 days under 11 N.Y.C.R.R. § 65-1.1, according to the New York Department of Financial Services. A clear and reasonable justification can sometimes excuse a late filing — but don't count on it.
Michigan is even less forgiving. A PIP action there generally must start within 1 year after the accident unless you gave written notice of injury within that year, or the insurer already paid you benefits, under MCL § 500.3145, per the Michigan Legislature. New Jersey sets its PIP benefits deadline at the earlier of 2 years after a known or discoverable loss or 4 years after the accident under N.J. Stat. § 39:6A-13.1.
But what if the other driver has no insurance? This is where uninsured/underinsured motorist (UM/UIM) coverage comes into play, and it has its own strict deadlines. According to California Insurance Code § 11580.2(i), you generally have 2 years from the date of the accident to sue the uninsured driver, reach an agreement, or formally start arbitration. According to the Arizona Legislature, Arizona's A.R.S. § 12-555 generally requires written UM or UIM notice within three years.
The lesson is to notify every relevant insurer in writing as soon as possible. Hiring a car accident claim lawyer can help make sure nothing slips through the cracks while you focus on your recovery.
When the deadline can be extended — and when it can't
The clock isn't always rigid. Courts recognize a few situations in which it pauses or starts later. Don't just assume that one of these situations applies to you.
One example is the discovery rule. Some injuries are not apparent immediately. If it was not reasonably possible for you to know that you were hurt until later, certain states allow the time limit to start from the date on which the injury was discovered rather than from the date of the accident. The rules here are narrow and vary considerably by state.
Another is tolling — a legal pause. In one reported case, Rivas v. Brownell and Wessel, the Iowa Supreme Court in 2025 upheld a 76-day COVID-19 tolling order and reversed the dismissal of a car-accident lawsuit that was filed after the ordinary 2-year deadline but within the tolled window. Without that pause, the case would have been dead.
Age matters, too. When the injured person is a minor, the deadline often extends beyond their 18^(th) birthday. In Mackey v. Lugo (2024), the Texas Sixth Court of Appeals overturned a summary judgment against a claimant who was 16 at the time of the crash. The court held that her claims were submitted within the timeframe applicable after she turned 18. However, these extensions are not unlimited — in Kinslow v. Mohammadi (2024), the Colorado Supreme Court ruled that a claimant who turned 18 during the deadline period was entitled to the longer of the standard timeframe or two years after reaching the age of majority, yet still dismissed the case as being submitted outside of the deadline.
The wording of insurance policies can also catch you off guard. In one reported case, Garcia v. Sanchez-Lopez (2025), an Illinois appeals court overturned the dismissal of a UM coverage action because the policy did not clearly state a shortened deadline, instead applying Illinois's 10-year contract period. The point is not that you will get 10 years. It's that these disputes are technical and it's best to have a lawyer read the fine print.
Why waiting costs you more than time
Even if your legal deadline is years away, waiting can damage your case. Many honest people lose out because of this.
Evidence disappears. Skid marks fade. Surveillance footage is often erased within weeks. Witnesses forget details or move away. The strongest cases are built in the days immediately following a crash, while everything is still fresh in people's minds.
Delaying treatment also gives the insurance company an advantage. If you wait months before seeking treatment, the insurance company will argue that your injuries weren't serious, or weren't caused by the accident at all. This gap in your medical record will be their favorite talking point.
Here's a simple set of moves to help you protect yourself right now:
- Seek medical attention promptly, even if you feel "fine". Adrenaline can mask injuries.
- Report the accident to your insurer in writing as soon as possible.
- Take photographs of the vehicles, the scene and your injuries. Keep every receipt and bill.
- Make sure you write down the names and contact details of any witnesses before they leave.
- Speak to a lawyer before providing a recorded statement to the insurer of the other driver.
Do not sign anything or accept a quick settlement until you understand what your claim is actually worth. It is common to receive an initial lowball offer, and once you sign a release, you usually can't reopen the case.
Do you need a lawyer? Heritage Web can put you in touch.
Finding the right lawyer before time runs out
There's no need to memorize statute numbers. What you need is someone who knows which deadline applies to your exact situation and will act before it's too late.
A good lawyer specializing in car accident claims will identify all the deadlines you are facing: the deadline for filing a lawsuit, any insurance notice requirements and any special government claim windows. Many lawyers handle these cases on a contingency basis, meaning they only get paid if you receive compensation. Therefore, the question of how long after a car accident you can file a claim is answered by a professional who considers your specific circumstances, rather than being a matter of guesswork.
If you've been in a crash and you're not sure how much time you have left, don't wait until it's too late to find out. Get in touch with a lawyer who understands your situation. Submit your case details via Heritage Web's secure referral form.
This article provides general information and does not constitute legal advice. If you require guidance on a specific situation, please consult a qualified attorney.
Sources
- Rivas v. Brownell and Wessel
- Kinslow v. Mohammadi
- Garcia v. Sanchez-Lopez
- Code of Civil Procedure § 335.1
- Fla. Stat. § 95.11
- Civil Code art. 3493.1
- New York State Senate
- A.R.S. § 12-821.01
- New Jersey Division of Risk Management
- General Municipal Law § 50-e
- MCL § 500.3145
- N.J. Stat. § 39:6A-13.1
- Insurance Code § 11580.2
