What happens after a car accident, state by state

It depends on your state and the kind of claim. For an adult's injury claim, the deadline to file a lawsuit is 2 years in Texas, 2 years in California, 3 years in New York and 6 years in Maine. Claims against a city, county or state agency often need a written notice much sooner; in Texas, for example, the notice is due within 6 months of the incident. Use the deadline tool on this page to look up your state, and check with a lawyer, because exceptions can shorten or extend the clock.

Not always. People often handle small claims with no injuries on their own. It is worth talking to a licensed attorney if you were hurt, if fault is disputed, if a truck, a company vehicle or a government vehicle was involved, if someone died, or if the insurer is delaying or denying the claim. Many injury lawyers offer a free first consultation; ask about that before you book, and check the lawyer's license with your state bar.

No honest website can put a number on your claim. Value depends on your medical treatment and recovery, lost income, the other driver's insurance limits, how fault is split, the evidence, and your state's rules. This site explains the factors that raise or lower a claim, but it never estimates dollar amounts, and you should be wary of anyone who promises a figure before seeing your records.

Most car accident lawyers work on a contingency fee, a share of what you recover, and the professional rules most states follow say a contingent fee agreement must be in a writing signed by the client. The percentage varies by lawyer, by state and by how far the case goes, and some laws cap it: for claims against the federal government, the Federal Tort Claims Act limits fees to 20% of an administrative settlement and 25% of a court judgment or settlement. Ask for the fee terms in writing before you sign.

There is no official average, because most claims settle privately. Court statistics give a sense of the longer path: in a federal study of state courts, only about 4% of tort cases ended in a trial, and tort cases that did go to a jury took a median of 23 months from filing to verdict. Simple claims with short treatment usually settle much faster than that.

You should report the crash to your own insurer, because your policy requires it. The other driver's insurer works for its own customer. You can give basic facts, but you generally do not have to give that insurer a recorded statement, sign a medical release or accept a first offer. Many people wait until they understand their injuries, or talk to a lawyer, before they discuss the details.

It means your own share of blame reduces what you can recover. In a pure comparative fault state, a driver who was 30% at fault can recover 70% of their proven damages. Most states use a modified rule that bars recovery once your share reaches 50% or 51%, and a few still use contributory negligence, where almost any fault of your own can bar recovery. The fault-rule explainer shows how each state treats a given share of fault.