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How Long Do You Have to File a Car Accident Claim?

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Two kinds of deadlines matter: how fast you must notify insurers and how long you have to file a lawsuit. Missing either can end your claim.

Insurance notice

Policies often require prompt notice of an accident, and some no-fault systems have very short deadlines for filing for benefits. Report as soon as possible.

Statute of limitations

Every state sets a deadline to file a lawsuit. For personal injury it is commonly two or three years, but some states are shorter or longer, and property damage deadlines can differ. See our statute of limitations table for state-by-state figures with citations.

Special situations

  • Claims against government vehicles or agencies may require notice within months.
  • Minors may have extra time in some states.
  • Injuries discovered later may affect the start date.

What to do

  1. Note the accident date.
  2. Look up your state's deadline.
  3. Do not wait for negotiations to run out the clock.
  4. File before the deadline if talks are not finished.
  5. Consult a lawyer if deadlines are close.

Frequently asked questions

Do settlement talks stop the clock?

Not unless a written agreement says so.

Is the deadline the same for property damage?

Not always. Check your state.

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