Glossary

Statute of limitations

The legal deadline for filing a lawsuit after a crash, set by each state and often different for injury and property damage claims.

Also called: filing deadline, limitations period, lawsuit deadline

A statute of limitations is a deadline for filing a lawsuit. After a car accident, if you have not settled your claim or filed suit within your state's time limit, you generally lose the right to sue the at-fault driver, however strong your case.

Deadlines are set by state law and often differ for injury and property damage. Two years for personal injury is the most common period, but it ranges from one year in Tennessee to six years in North Dakota. California allows two years for injury and three for property damage, and Florida cut its general negligence period to two years for claims arising after March 24, 2023. The clock usually starts on the date of the crash, though exceptions can delay it, for example for minors. Claims against a government agency often require formal notice within a much shorter time. Example: someone injured in a Tennessee crash on May 1, 2026, would generally need to file suit by May 1, 2027 (hypothetical date).

This deadline is separate from your policy's requirement to notify your own insurer promptly. Negotiating with an claims adjuster does not stop the clock. If a deadline is approaching, talk to a licensed attorney. See statutes of limitations for car accident claims and state guides such as Tennessee and California.

Last reviewed October 4, 2026

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Related terms

Tort A civil wrong, such as careless driving, that injures someone and gives the injured person the right to sue for money damages. Third-party claim A claim you make against another driver's insurance for damage or injuries that driver caused, rather than against your own policy. Release of liability A document an injured person signs to accept a settlement and give up further claims against the at-fault party for that accident. Negligence Failing to use the care a reasonable person would use, causing harm to someone else; the legal basis for most car accident claims. Demand letter A written request to an at-fault driver's insurer that sets out your injuries and losses and asks for a specific settlement amount.

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