Your Rights
How long do you have to file a car accident claim?
Time limits differ by state. Here is how they work and what can shorten them.
Every state sets a deadline for filing an injury claim, and missing it can end your right to recover anything. The deadline you face depends on where you live and what happened, so this is a guide to how deadlines work, not a way to find yours.
The statute of limitations
The main deadline is called a statute of limitations. For car accident injuries it varies widely from state to state. The clock usually starts on the day of the crash, though some situations start it later, such as an injury that could not reasonably be discovered at first.
Other deadlines that can be shorter
- Telling your insurer. Most policies require prompt notice of a crash, and some have their own time limits for claims.
- Claims against a government. If a city bus or a public road was involved, a notice of claim may be due in months, not years.
- Property damage. A claim for your car can run on a different clock than a claim for your injuries.
- Injured children. Some states pause or extend the deadline for a minor, but the rules vary.
Why waiting costs you more than time
Evidence can fade before any deadline arrives. Video can be overwritten, witnesses can move and memories blur, and injuries are easier to link to a crash while the records are fresh. If you are close to a deadline or not sure, that is a good reason to ask now.
What to do
Write down the date of the crash, keep your medical records together, and talk to a licensed attorney in your state about the deadline that applies to you. A free case review is one way to start, and you are never obligated to move forward.
A free case review takes about a minute. An independent attorney looks at your answers and you decide what happens next.
This guide is general information, not legal advice. Deadlines differ by state and by situation.
Sources
- Legal Information Institute, Cornell Law School, Statute of limitations
- California Courts Self Help Guide, Deadlines to sue someone
- California Courts Self Help Guide, Ask a government agency to pay you (submit a claim)
- Triple-I (Insurance Information Institute), How to file an auto insurance claim
A note on how we work. SettledCase is free to read. Attorneys may pay for the cases we refer to them, never you. This guide is general information, not legal advice, and the rules differ by state.
