Time Limits to File: A Car Accident Lawyer’s Guide to Statutes of Limitations

When you’re hurting after a wreck, time warps. You’re juggling medical appointments, body shop estimates, time off work, and insurance calls. The legal deadlines feel abstract, almost academic. Then a date on the calendar sneaks up, and your claim options narrow. I have met too many people who had strong cases but missed a deadline by weeks. The law can be forgiving in a few narrow circumstances, but it rarely gives a full do-over. That’s why understanding statutes of limitations is not just legal housekeeping, it’s the backbone of a car crash case.

Think of a statute of limitations as a countdown clock that starts at or near the date of the crash. If you do not file a lawsuit before the clock runs out, you usually lose your right to bring that claim forever. Negotiating with an insurer, exchanging letters, even getting a promising settlement offer, none of that pauses the clock. Only filing a proper lawsuit in the correct court does.
Why states enforce these deadlines
Statutes of limitations serve a simple purpose: they keep cases tied to reliable evidence. Memories fade, phone numbers change, surveillance footage gets overwritten, and cars get repaired or salvaged. Courts and juries make better decisions when they can see photographs, talk to witnesses while recollections are fresh, and evaluate medical records created close in time to the injury. The law also values finality. Defendants are entitled to move on at some point, not live for decades under the threat of being sued for a fender bender in a grocery store lot.

There is a tradeoff, of course. Rigid deadlines can feel harsh if you needed months to heal or were negotiating in good faith. The answer is to build in exceptions for special situations. Legislatures and courts do that, but they keep those exceptions narrow. The result is a system that favors people who act promptly and document their case well.
The typical deadlines you will see after a car crash
Every state sets its own time limits. In most states, the deadline for personal injury claims from a car crash ranges from two to three years. A handful give only one year, and some allow up to four or more. Property damage claims, like damage to your vehicle, sometimes have a different deadline than bodily injury claims. Wrongful death claims usually have their own timelines as well, often measured from the date of death, not the crash.

Government defendants are in a category of their own. If your crash involved a city bus, a county vehicle, or a state trooper, you may have to file a notice of claim within a matter of months, sometimes as few as 60 to 180 days. That notice is not the lawsuit itself, but it is mandatory, and missing it can bar your claim even if the general injury statute would otherwise give you years.

Insurance policies also set internal deadlines. If you are pursuing uninsured or underinsured motorist benefits, your policy may require notice within a short window, often 30 days or “promptly.” Those policy deadlines do not replace the statute of limitations, they sit beside it. You can satisfy both, but you have to know they both exist.
When the clock starts ticking
The starting line can be straightforward or surprisingly tricky. For most injury claims from a car crash, the clock starts the day of the collision. But there are important variations.

Discovery rule: Some states apply a discovery rule to certain injuries. If you could not reasonably have discovered the injury right away, the clock may start when you knew or should have known that you were injured and that it was caused by the crash. This comes up with subtle traumatic brain injuries, complex regional pain syndrome, or latent complications from internal injuries. Do not assume the discovery rule will save you. Courts interpret “should have known” strictly. If you had symptoms, saw doctors, and were told to follow up, the clock likely started near the crash date.

Minor plaintiffs: If the injured person is a minor, many states pause the clock until the child turns 18. That sounds helpful, and it is, but it can complicate evidence gathering years later. I once met a client whose severe leg fracture at age 16 became a lawsuit at 19. Witnesses had moved, and the store’s security footage from the intersection was long gone. The case was still viable, but the defense had more room for doubt than they would have had a year after the crash. Even when the law allows you to wait, it is usually better not to.

Incidents involving government entities: The notice deadlines for government defendants usually start from the date of the crash or the date of injury. They do not usually wait for a discovery rule analysis. That is why, if there is any chance a public agency is involved, you move quickly.

Wrongful death: If a loved one dies from crash injuries, the wrongful death clock commonly starts on the date of death, not the crash. That can add time if death occurs weeks or months later, but the rules for who can file and what damages are allowed are different from those in an injury case. Estates must be opened, representatives appointed, and probate timelines respected. Coordination with a car accident lawyer and a probate attorney helps avoid missteps.
Tolling: the narrow situations that pause the clock
Tolling means stopping or pausing the statute of limitations for a defined reason. These are the most common tolling scenarios, though the details vary by state:
The defendant is out of state or cannot be served with reasonable diligence. The injured person is legally incapacitated, for instance due to severe brain injury, or is a minor. The defendant engaged in fraudulent concealment that prevented you from discovering a claim. A bankruptcy stay prevents you from suing the defendant.
Even when tolling could apply, courts expect you to act promptly once the barrier is gone. I have seen judges deny tolling because someone waited months after a defendant returned to the state. The law rewards vigilance.
The trap of “we’re still negotiating”
This one has broken more hearts than I can count. An adjuster says, “We’re reviewing your demand,” or “We expect to make an offer next week.” You keep talking, keep emailing medical updates, maybe even get a written settlement proposal. None of that stops the statute of limitations. The last week before a deadline, my office triple checks every open file, because if a lawsuit is not filed in time, a promising negotiation turns into a closed door. When insurers want to keep the conversation going, they can agree to a tolling agreement, a signed document that pauses the deadline by mutual consent. Some do, many won’t. If you are inside the last few months with no settlement, you should assume you will need to file.
Different claims, different clocks
A single crash can spawn multiple legal theories, and some have distinct deadlines.

Personal injury: Most straightforward injury claims from a collision fit here. The focus is on medical bills, lost wages, pain and suffering, and future care.

Property damage: If you only seek costs to repair or replace your car, the deadline can differ. In some states, property damage claims have longer statutes than personal injury, in others they are the same.

Uninsured/underinsured motorist claims: These are contract claims against your own insurer, often with their own statutes or policy-driven deadlines. In some places you can sue the at-fault driver first, then pursue your UM/UIM benefits after you see what the liability limits cover. In other places, you proceed on parallel tracks but must give notice and follow policy conditions carefully.

Wrongful death and survival claims: The wrongful death claim belongs to certain family members for their losses, and a survival claim belongs to the estate for the decedent’s damages between injury and death. Each may have a different limitations period or different triggering events.

Products liability and roadway defect claims: If a tire failed or a guardrail collapsed, you may have a product defect or negligent roadway design claim, which can have different or additional deadlines, especially if a public agency is involved.
How a missed deadline plays out in real life
Courts do not usually weigh fairness when a statute has expired. The defense files a motion to dismiss, points to the calendar, and the judge must dismiss your case with prejudice. Even if the defendant was obviously at fault, even if their insurer had promised to continue talks, the deadline wins. That dismissal means you cannot refile. It also erases your leverage. Sometimes claimants try to use expired claims to nudge an insurer into paying “something.” The answer is almost always no.

There are rare exceptions. If you filed in the wrong court but within the deadline, some states’ “savings statutes” allow a refiling in the correct court within a short period. If the defendant actively tricked you into missing the deadline, courts will sometimes apply equitable estoppel to prevent them from raising the statute. Not every broken promise counts as trickery. You need clear evidence of deception and reliance, which is hard to prove.
The practical calendar: how to avoid surprises
The first week after a crash, lay out a timeline. Mark the likely statute of limitations based on your state car accident lawyer https://atlanta-accidentlawyers.com/ and type of claim. Note potential government notice deadlines. Put reminders on your phone 180 days out, 90 days, 60 days, and 30 days. If you hire counsel, your car accident lawyer should maintain an internal docket of critical dates, but you can still keep your own reminders. Redundancy is your friend with deadlines.

Medical treatment can tempt you to wait. You want to know the full scope of your injuries before negotiating, and that is reasonable. You can continue treating after you file a lawsuit. Filing does not end your medical care. It preserves your rights while you keep building the medical narrative with your doctors. If you are under active care near the limitations date, talk to your lawyer about filing and amending later to include additional damages once your prognosis is clearer.
Evidence and time: how delay changes your case
You can still win a case filed close to the deadline, but expect a steeper climb. I once took over a case at month 34 of a 36 month statute. The client had solid medical records but no photographs of the intersection and no contact info for two witnesses who had given their names at the scene. We found the tow yard, tracked down the VIN scan, and located one witness through an employer listed in the police report. The case settled fairly, but the work hours doubled because time had erased easy paths to proof.

Evidence ages fast. Intersection cameras overwrite data in days, sometimes hours. Private businesses vary wildly, but many keep footage for less than 30 days. Vehicles are repaired within weeks, and crash data modules can be overwritten or lost. Skid marks fade. Lighting conditions change as bulbs and fixtures get swapped out. A prompt preservation letter to businesses and agencies can help. If sent early, a simple ask to hold footage often works. If sent a year later, it is almost always too late.
Special timelines for specific defendants
Government claims deserve a second mention. If a city vehicle hit you, the notice rules are strict. They require specific pieces of information, sometimes even a sworn statement, and must be served on the right office. Filing a claim with the wrong department, or mailing it to an address not listed in the statute, can invalidate your notice. The content must be detailed enough to allow the agency to investigate. Even if you think the crash involved a private party, check whether a public entity could be implicated. Roadway defects, malfunctioning traffic signals, or a police chase can pull a public agency into the frame and trigger short deadlines.

Rideshare cases bring hybrid issues. Uber and Lyft are private companies, so you are not dealing with government notice rules, but their insurers require prompt notice and often push back on late reporting. Commercial policies on delivery vehicles also have stringent notice clauses. If you are unsure, report the crash to your own insurer quickly, identify all other vehicles, and consult counsel to sort out overlapping duties.
How a car accident lawyer navigates the clock
People imagine that lawyers love to litigate, but a good car accident lawyer loves leverage and clarity. Filing early gives both. When I open a case, I build two tracks. Track one is evidence: photographs, vehicle inspections, witness contact, preservation letters, medical records, wage verification. Track two is the calendar: statute of limitations, potential tolling facts, government notice requirements, policy notice deadlines, and internal reminders.

We also look for hidden claims. Was there a construction zone with poor signage? That could add a contractor or agency defendant with its own notice rules. Did a defective airbag worsen injuries? That suggests a product claim, which may have a different statute or a statute of repose that bars claims after a fixed number of years from the product’s sale, regardless of when the crash happened. Spotting those early prevents a partial claim from dying while a simpler claim trudges on.

Most importantly, we do not rely on an adjuster’s timeline. If a fair settlement is not reached with months to spare, we prepare a complaint. Filing does not end negotiations. In many cases, it improves them. Defense counsel gets involved, evidence requests become formal, and serious numbers replace vague reassurances.
Common myths that get people in trouble
“I can’t file until I finish treatment.” You can. Your damages continue to develop, and you can supplement as you go. Courts allow amended disclosures and updated medical records.

“The other driver admitted fault, so there’s no rush.” Fault can shift or be contested later. An admission is useful, not a substitute for a timely filing.

“The adjuster told me not to worry about the deadline.” Unless the insurer gave you a written tolling agreement signed by both sides, the statute keeps running.

“I can handle the claim myself, then hire a lawyer if needed.” You can, but watch the calendar. Many lawyers will not take a case in the last month before the statute. Building a complaint properly, with all defendants and claims, and filing it in the correct court, takes time.

“My state has a discovery rule, so I’m safe.” Maybe, maybe not. Courts apply the discovery rule narrowly. If you suspect the crash caused your symptoms, assume the clock has started.
Two short checklists you can actually use
First 30 days after a crash:
Confirm the police report number and request the report as soon as it is available. Photograph the scene, vehicles, and your injuries; collect names and contact info for witnesses. Notify your insurer and any potential UM/UIM carrier promptly. Identify whether any government vehicle or public agency might be involved and calendar claim notice deadlines. Book follow up medical appointments and keep a symptom journal with dates.
Protecting your statute of limitations:
Ask a lawyer early to identify the correct deadline for each claim type. Calendar reminders at 6 months, 3 months, and 30 days before the deadline. Do not rely on ongoing negotiations unless you have a signed tolling agreement. If treatment is ongoing near the deadline, file to preserve rights and continue care. Verify service of the lawsuit on all defendants well before the statute expires. When exceptions help, and when they don’t
People often ask about emergency room delays, military deployment, or being overseas. Active duty service can affect some deadlines under federal law, but you need specific proof and the interplay with state statutes can be technical. Being out of the country, by itself, usually does not pause the clock. If the at-fault driver left the state for months, some jurisdictions stop the clock while they are gone, but you must show diligent efforts to serve them. Fraudulent concealment is another hopeful phrase clients bring up. Courts want evidence that the defendant hid the existence of your claim, not just that they disputed fault.

Then there is the statute of repose, often in product cases. Unlike a statute of limitations, a repose statute cuts off claims after a fixed period from a product’s first sale, even if you were injured later and did everything right. If a defective seatback fails 13 years after manufacture and your state’s repose period is 12 years, the product claim may be barred. It is harsh, and it exists alongside the ordinary injury statute. If we suspect a product defect, we investigate quickly and make sure the vehicle and any failed parts are preserved for inspection by both sides.
The human side of a deadline
I think about a client who came in with a clean liability case and a shoulder tear that required surgery. The statute was two years. He waited while the adjuster promised to “evaluate after therapy.” Months slipped by. At month 22, they made an offer that would not cover half of his bills. We filed suit two weeks later. Once the defense saw the surgical records and we scheduled depositions, the number changed. We settled for a figure that made him whole. The legal work mattered, but the most important decision was filing before the deadline. Without that, the best facts in the world would have been powerless.

Deadlines can feel adversarial, but they can also give structure. They force everyone to focus on facts and proof. They nudge you to pin down your medical plan, collect the right records, and decide whether you can live with an offer or need a jury’s help. A clear calendar reduces stress. You know the path, you know the milestones, and you avoid last minute scrambles that lead to mistakes.
Practical steps if your deadline is close
If you are inside 90 days, stop casual negotiation and audit your file. Confirm the exact statute for each claim. Identify every potential defendant, including employers for company vehicles, owners for permissive users, and agencies if roadway conditions played a role. Draft a complaint that captures all claims. Confirm the correct court for jurisdiction and venue. Arrange for service of process quickly, and follow up to verify that each defendant has been served. Keep talking settlement if it makes sense, but do it with the complaint on file.

If you are already past what you believe is the deadline, do not give up without checking. Sometimes an exception applies, or the wrong date is in your head, or the claim type you need has a different clock. This is one area where a quick consultation can change the outcome. Honest lawyers will tell you in the first call whether there is anything to do.
Why acting early often leads to better outcomes
Early action is not just about safety, it is about value. A prompt preservation letter can secure video footage that nails liability. Early contact with witnesses yields consistent statements that box out later revisions. Quick notice to your insurer protects UM/UIM rights. Early filing preserves claims against every responsible party, strengthening your bargaining position. Insurers and defense counsel read your timing. When you respect the clock, they take your case seriously.

I have seen the opposite too. Late claims rely on soft proof: recollections without photographs, medical opinions without early imaging, vehicle repairs without pre-repair inspections. Defense lawyers sense the gaps and push harder. Juries notice missing pieces. Filing earlier does not guarantee a win, but it closes the most common escape hatches.
Final thoughts you can act on today
If you remember nothing else, remember this: calendars win cases. Know your state’s statute of limitations for injury and property damage, and whether a government notice rule applies. Put the dates in writing. Do not let ongoing talks lull you. If a settlement is not signed with time to spare, file the lawsuit. Work with a car accident lawyer who treats deadlines like lifelines, because in this area of law, that is exactly what they are.

Your body needs time to heal, and your case needs time too. Give it that time by protecting the one resource you cannot get back once it is gone, the days on the clock.