Statute Of Limitations For Car Accidents (April 2025)

What Is the Statute of Limitations on a Car Accident?

Statutes of limitations refer to time restrictions placed on the legal actions you can pursue after car accidents and other incidents. These timelines ensure that claims and lawsuits are brought forward in a timely manner after a collision, allowing for substantial evidence to still be available.

Every state has its own statute of limitations, with most of them beginning on the date of the accident. If, however, you don’t discover that you suffered an injury in the crash until later, the discovery rule can allow the clock to start ticking from the moment you do realize you suffered harm.

Keep in mind that if you miss the statute of limitations, you often won’t be able to recover anything.

Car Accident Statute of Limitations by State

So how long is the statute of limitations for a car accident? 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.

Steps to Take if the Statute of Limitations Is Expiring Soon

Understanding the answer to the question, “How long is the statute of limitations for a car accident?” is only the beginning of protecting your rights. You also need to know what to do if you’re close to missing the deadline.

Remember, by missing these time limits, victims typically aren’t able to receive compensation to cover the costs of the injuries accidents cause them. If your case’s expiration date is approaching, it’s time to act.

If you’re pursuing a car accident lawsuit, the first thing you’ll need to do is hire an attorney to help you file a complaint. The complaint is a legal document that outlines what occurred and the responsibilities you feel the defendant has toward you. It should also include an account of the injuries you suffered and the compensation you seek.

Once you file the complaint, you’ve met the statute of limitations, but you’re just at the start of the process. You can expect the discovery phase to come next, followed by negotiations and, hopefully, a settlement.

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.