Car Accident Laws
by State
Filing deadlines, fault rules, and no-fault insurance status — for all 50 states. Each entry links directly to the official state legislature website.
When Is Your Filing Deadline?
Enter your accident date and state. The clock is running — most people don't know their exact deadline.
You have 2 years from the date of the accident to file a lawsuit under Ala. Code § 6-5-410. Contributory negligence: any fault on your part bars all recovery. One of only 4 states with this rule. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Alabama starts on the accident date — not discharge date. Half your window may already be gone.
- "I was only 5% at fault — I can still recover something." → Not in Alabama. Contributory negligence means even 1% fault on your part bars all recovery. One of only 4 states with this rule.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Alabama
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Alaska Stat. § 09.10.070. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Alaska starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Alaska. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Alaska
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under A.R.S. § 12-542. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Arizona starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Arizona. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Arizona
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under A.C.A. § 16-56-105. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Arkansas starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Arkansas's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Arkansas
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Cal. CCP § 335.1. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in California starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in California. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in California
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under C.R.S. § 13-80-102. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Colorado starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Colorado's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Colorado
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under C.G.S. § 52-584. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Connecticut starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Connecticut's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Connecticut
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Del. Code tit. 10 § 8119. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Delaware starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Delaware's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Delaware
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Fla. Stat. § 95.11. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Florida starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Florida's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Florida's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Florida
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 2 years from the date of the accident to file a lawsuit under O.C.G.A. § 9-3-33. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Georgia starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Georgia's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Georgia
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Haw. Rev. Stat. § 657-7. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Hawaii starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Hawaii. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "It's no-fault — suing the other driver is pointless." → Hawaii's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Hawaii
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 2 years from the date of the accident to file a lawsuit under Idaho Code § 5-219. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Idaho starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Idaho's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Idaho
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under 735 ILCS 5/13-202. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Illinois starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Illinois's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Illinois
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Ind. Code § 34-11-2-4. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Indiana starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Indiana's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Indiana
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Iowa Code § 614.1(2). Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Iowa starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Iowa's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Iowa
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under K.S.A. § 60-513. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Kansas starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Kansas's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Kansas's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Kansas
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 1 year from the date of the accident to file a lawsuit under KRS § 413.140. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "I have time — it just happened." → Kentucky has only a 1-year deadline. That's among the shortest in the US. Waiting even 3 months to consult an attorney puts your case at risk.
- "I was 60% at fault so my claim is worthless." → Not in Kentucky. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "It's no-fault — suing the other driver is pointless." → Kentucky's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Kentucky
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 1 year from the date of the accident to file a lawsuit under La. Civ. Code art. 3492. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "I have time — it just happened." → Louisiana has only a 1-year deadline. That's among the shortest in the US. Waiting even 3 months to consult an attorney puts your case at risk.
- "I was 60% at fault so my claim is worthless." → Not in Louisiana. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Louisiana
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 6 years from the date of the accident to file a lawsuit under Me. Rev. Stat. tit. 14 § 752. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "I have 6 years — no rush." → The SOL doesn't freeze evidence. Surveillance footage is deleted in 30-90 days. Witnesses forget. Start building your case now.
- "A little fault on my end won't matter." → Under Maine's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Maine
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under Md. Code Cts. § 5-101. Contributory negligence: any fault on your part bars all recovery. One of only 4 states with this rule. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Maryland starts on the accident date — not discharge date. Half your window may already be gone.
- "I was only 5% at fault — I can still recover something." → Not in Maryland. Contributory negligence means even 1% fault on your part bars all recovery. One of only 4 states with this rule.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Maryland
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under M.G.L. c. 260 § 2A. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Massachusetts starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Massachusetts's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Massachusetts's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Massachusetts
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 3 years from the date of the accident to file a lawsuit under MCL § 600.5805. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Michigan starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Michigan's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Michigan's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Michigan
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 2 years from the date of the accident to file a lawsuit under Minn. Stat. § 541.07. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Minnesota starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Minnesota's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Minnesota's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Minnesota
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
Miss. Code Ann. § 15-1-49 You have 3 years from the date of the accident to file a lawsuit under Miss. Code Ann. § 15-1-49. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Mississippi starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Mississippi. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Mississippi
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 5 years from the date of the accident to file a lawsuit under Mo. Rev. Stat. § 516.120. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "I have 5 years — no rush." → The SOL doesn't freeze evidence. Surveillance footage is deleted in 30-90 days. Witnesses forget. Start building your case now.
- "I was 60% at fault so my claim is worthless." → Not in Missouri. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Missouri
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under Mont. Code Ann. § 27-2-204. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Montana starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Montana's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Montana
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 4 years from the date of the accident to file a lawsuit under Neb. Rev. Stat. § 25-207. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 4-year deadline in Nebraska starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Nebraska's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Nebraska
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under NRS § 11.190. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Nevada starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Nevada's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Nevada
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under RSA § 508:4. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in New Hampshire starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under New Hampshire's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in New Hampshire
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under N.J.S.A. § 2A:14-2. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in New Jersey starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under New Jersey's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → New Jersey's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in New Jersey
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 3 years from the date of the accident to file a lawsuit under NMSA § 37-1-8. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in New Mexico starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in New Mexico. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in New Mexico
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under N.Y. CPLR § 214. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in New York starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in New York. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "It's no-fault — suing the other driver is pointless." → New York's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in New York
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 3 years from the date of the accident to file a lawsuit under N.C.G.S. § 1-52. Contributory negligence: any fault on your part bars all recovery. One of only 4 states with this rule. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in North Carolina starts on the accident date — not discharge date. Half your window may already be gone.
- "I was only 5% at fault — I can still recover something." → Not in North Carolina. Contributory negligence means even 1% fault on your part bars all recovery. One of only 4 states with this rule.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in North Carolina
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 6 years from the date of the accident to file a lawsuit under N.D.C.C. § 28-01-18. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "I have 6 years — no rush." → The SOL doesn't freeze evidence. Surveillance footage is deleted in 30-90 days. Witnesses forget. Start building your case now.
- "A little fault on my end won't matter." → Under North Dakota's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → North Dakota's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in North Dakota
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 2 years from the date of the accident to file a lawsuit under ORC § 2305.10. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Ohio starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Ohio's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Ohio
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under 12 O.S. § 95. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Oklahoma starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Oklahoma's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Oklahoma
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under ORS § 12.110. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Oregon starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Oregon's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Oregon
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under 42 Pa. C.S. § 5524. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Pennsylvania starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Pennsylvania's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Pennsylvania's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Pennsylvania
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 3 years from the date of the accident to file a lawsuit under R.I. Gen. Laws § 9-1-14. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Rhode Island starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Rhode Island. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Rhode Island
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
S.C. Code Ann. § 15-3-530 You have 3 years from the date of the accident to file a lawsuit under S.C. Code Ann. § 15-3-530. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in South Carolina starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under South Carolina's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in South Carolina
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under SDCL § 15-2-14. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in South Dakota starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under South Dakota's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in South Dakota
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 1 year from the date of the accident to file a lawsuit under Tenn. Code Ann. § 28-3-104. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "I have time — it just happened." → Tennessee has only a 1-year deadline. That's among the shortest in the US. Waiting even 3 months to consult an attorney puts your case at risk.
- "A little fault on my end won't matter." → Under Tennessee's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Tennessee
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Tex. Civ. Prac. § 16.003. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Texas starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Texas's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Texas
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 4 years from the date of the accident to file a lawsuit under Utah Code § 78B-2-307. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. No-fault state: your own insurer pays medical bills first regardless of who caused the crash. To sue the other driver, your injuries must meet a "serious injury threshold."
- "The clock starts when I finish treatment." → Wrong. The 4-year deadline in Utah starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Utah's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "It's no-fault — suing the other driver is pointless." → Utah's no-fault rule only blocks minor injury claims. If injuries are serious — major surgery, permanent impairment, or significant scarring — you can and should sue.
- Car accident victim in Utah
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
- Injuries likely exceed the no-fault serious injury threshold
You have 3 years from the date of the accident to file a lawsuit under 12 V.S.A. § 512. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Vermont starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Vermont. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Vermont
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under Va. Code § 8.01-243. Contributory negligence: any fault on your part bars all recovery. One of only 4 states with this rule. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in Virginia starts on the accident date — not discharge date. Half your window may already be gone.
- "I was only 5% at fault — I can still recover something." → Not in Virginia. Contributory negligence means even 1% fault on your part bars all recovery. One of only 4 states with this rule.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Virginia
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under RCW § 4.16.080. Pure comparative fault: you recover damages reduced by your percentage of fault — even if you were mostly at fault. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Washington starts on the accident date — not discharge date. Half your window may already be gone.
- "I was 60% at fault so my claim is worthless." → Not in Washington. Pure comparative fault means you recover 40% of damages even at 60% fault. Don't walk away from a valid partial claim.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Washington
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 2 years from the date of the accident to file a lawsuit under W. Va. Code § 55-2-12. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 2-year deadline in West Virginia starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under West Virginia's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in West Virginia
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 3 years from the date of the accident to file a lawsuit under Wis. Stat. § 893.54. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 3-year deadline in Wisconsin starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Wisconsin's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Wisconsin
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
You have 4 years from the date of the accident to file a lawsuit under Wyo. Stat. § 1-3-105. Modified comparative fault: you recover if you were less than 50-51% at fault. At or above that threshold, you recover nothing. At-fault state: the driver who caused the accident is liable for all damages — medical, lost wages, and pain and suffering.
- "The clock starts when I finish treatment." → Wrong. The 4-year deadline in Wyoming starts on the accident date — not discharge date. Half your window may already be gone.
- "A little fault on my end won't matter." → Under Wyoming's modified comparative rule, once you're 50%+ at fault you recover nothing. Insurers know this and push to assign you that threshold.
- "The police report proves fault — the insurer must follow it." → The police report is evidence, not law. Insurers routinely dispute it. Fault is a legal determination. The report is a starting point, not the final word.
- Car accident victim in Wyoming
- Incident on public road (not private property)
- You were not a minor at the time of accident
- No government vehicles involved (different SOL rules)
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Understanding These Terms
Statute of Limitations
The filing deadline for your lawsuit after a car accident. Miss this window and you permanently lose the right to sue — no exceptions in most states. The clock typically starts on the date of the accident.
Note: Minor victims, government vehicles, and hit-and-run cases often have different rules.
Fault Rules
Pure Comparative: You can recover damages even if 99% at fault (reduced by your %). Modified Comparative: Recovery barred if you're 50–51% or more at fault. Contributory Negligence: Any fault on your part (even 1%) completely bars recovery — used in AL, MD, NC, VA.
No-Fault Insurance
In no-fault states (FL, HI, KS, KY, MA, MI, MN, NJ, NY, ND, PA, UT), your own insurance covers your medical bills first — regardless of who caused the accident. You can only sue the other driver if injuries exceed a serious injury threshold.