Statute Of Limitations For Car Accidents (February 2025)

What Are Statutes of Limitations, and Why Do They Matter?

A statute of limitation is a law that prevents you from filing a claim after a certain period has passed. It can apply to both civil and criminal cases. The reason why these laws matter is that they ensure claims are brought forward while there’s still viable evidence available.

Statutes of limitations also help prevent people from having potential charges hanging over their heads for years. In civil cases, the timelines tend to be much shorter than in criminal cases.

Most of the time, the clock starts ticking the moment that the incident occurs. If you only realize you’ve suffered losses later on, however, it’s possible for the statute of limitations timeline to begin then. This is common in product liability cases involving medications, where effects might only come to light years after taking the drugs.

Car Accident Statute of Limitations by State

Take a closer look at the amount of time you have to file a claim in each state.

Understanding Exceptions to the Statute of Limitations for Car Accidents

For the majority of auto accidents, you will need to abide by the applicable statute of limitations, but there are exceptions. If the accident involved a government entity, for example, you generally have less time to file the claim, and you must give notice to the party before filing. Similarly, tolling agreements can come into play. A tolling agreement temporarily pauses or extends the statute of limitations, allowing additional time for negotiations or legal filings in cases where circumstances, such as ongoing discussions with insurers or discovery of new evidence, justify the delay.

If the victim in an accident is a minor, the statute of limitations for car accidents may also be different if their parents or guardians didn’t pursue a claim after the collision occurred. Once the minor reaches the age of 18, the statute of limitations would start. The exact amount of time you would have in these circumstances depends on the state where you live.

In instances when the other party leaves the state, the statute of limitations will often stop running for as long as they’re gone. This is because it would be impossible for you to serve them with papers. As soon as the other party steps back into the state, the ticking clock continues.

Why Hiring Car Accident Lawyers Is Essential

People often assume that filing claims after car accidents will be a straightforward process and that they won’t need to hire an attorney. The truth is that there are a lot of complicated aspects to personal injury claims.

Attorneys can help you understand your rights and gather the necessary evidence to demonstrate you deserve compensation. They can ensure that you don’t miss the statute of limitations for car accidents.

With a lawyer, you also don’t have to worry about negotiating with insurance companies. Insurers tend to do everything they can to keep from paying you, but a lawyer knows what’s fair and can tirelessly fight for the damages you deserve.

Importantly, your attorney will generally also have the option of taking your claim to court. Litigation can sometimes be the only way to get fair treatment, and that’s not something that you want to tackle without help.

Finding Tenacious Representation

If you’ve been in a car accident and need to file a claim to recover losses, it’s important to keep the statute of limitations in mind and find a lawyer promptly to ensure you don’t miss any relevant deadlines. All too often, though, people worry about car accident lawyer fees and fear contributing even more to the financial strain they are under after an accident.

Personal injury lawyers work on contingency for this very reason. You can hire help without worrying about paying anything upfront.

At ConsumerShield, we can connect you with some of the most experienced attorneys in your area. Get the guidance you need to recover losses by contacting our legal team for advice today.