# Filing a car accident lawsuit: when it happens and what comes next

> When a car accident claim becomes a lawsuit: the filing deadline, each stage from complaint to trial, how often cases reach trial, small claims and costs.

Canonical page: https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A car accident claim becomes a lawsuit when the injured person and the insurer cannot agree, or when the filing deadline gets close and the claim is still open. The lawsuit must be filed before your state's deadline, which for an adult's injury claim is 2 years in Texas, 3 years in New York and 1 year in Tennessee. After filing come service, the answer, discovery, motions and often mediation. Few cases reach a verdict: in a federal study of state courts, about 4% of tort cases ended in a trial.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Adult injury lawsuit deadline | 1 year to 6 years | Tennessee shortest, Maine among the longest |
| Time to serve the person being sued | 90 days after filing | Federal court (FRCP 4(m)); state rules vary |
| Time to answer after being served | 21 days | Federal court (FRCP 12); state rules vary |
| Tort cases decided by a trial | 4% | State courts, 2005 (BJS) |
| Car accident cases: median time from filing to verdict | 20.1 months | Cases that went to trial, 2005 |
| Small claims limit for individuals, California | $12,500 | Texas $20,000; New York City $10,000 |

## Why a claim becomes a lawsuit

Most car accident claims settle with an insurer and never reach a courthouse. A lawsuit usually comes into the picture for one of a few reasons:

- **The insurer denies the claim** or says its driver was not at fault.
- **The two sides are far apart** on what the claim is worth, and negotiation has stalled.
- **The filing deadline is near.** A lawsuit protects the claim, and talks can continue after filing.
- **Several people or companies may share the blame**, such as a driver and their employer, and a court can sort out who pays.

A lawsuit is usually filed against the at-fault driver, and sometimes the vehicle's owner or the driver's employer, rather than against their insurance company. In most cases the driver's liability insurer hires and pays the defense lawyer under its policy, so the same insurer is still on the other side.

Filing does not mean a trial. Many cases settle after filing, often once both sides have seen the evidence in discovery or after [mediation](https://accidentclaimfacts.com/claim-process/mediation/).

## The filing deadline comes first

Every state sets a statute of limitations for car accident lawsuits. For an adult's injury claim it is 2 years in Texas, 2 years in California, 2 years in Florida, 3 years in New York and 6 years in Maine. If the lawsuit is filed even a day late, the court will usually dismiss it, however strong the claim.

You can look up your state with our [deadline tools](https://accidentclaimfacts.com/tools/) or in the [state-by-state guides](https://accidentclaimfacts.com/location/). Some situations change the clock:

- **Children.** Many states pause the deadline until an injured child turns 18; this is called tolling.
- **Government vehicles.** Claims against a city, county, state or federal agency often need a written notice first, sometimes within months. A claim against a federal agency must be presented in writing within 2 years.
- **Insurance talks.** Negotiating with an insurer does not stop the deadline. The model rule many states follow asks insurers to warn people without a lawyer who are claiming against another driver's policy at least 60 days before a time limit runs out, but a warning is not guaranteed.

> **Rule:** The deadline is met by filing the lawsuit in court, not by sending a demand letter or opening an insurance claim.

## The stages of a lawsuit

Courts follow their own procedure rules, so details differ between states and between state and federal court. Most car accident cases are in state court, but the stages are broadly the same everywhere.

1. **The complaint.** The person suing (the plaintiff) files a complaint with the court. It names the people being sued, describes the crash and lists the losses claimed. A filing fee is due unless the court waives it.
2. **Service.** The plaintiff must formally deliver the summons and complaint to each defendant, called service of process. In federal court, this must happen within 90 days of filing or the court can dismiss the case against that defendant.
3. **The answer.** Each defendant responds in writing, admitting or denying the claims and raising defenses such as shared fault. In federal court the answer is due 21 days after service. A defendant who never responds risks a default judgment.
4. **Discovery.** Each side gathers evidence from the other. This is usually the longest stage (see below).
5. **Motions.** Either side can ask the judge to rule on issues before trial, such as what evidence is allowed, or ask for summary judgment when the key facts are not disputed.
6. **Mediation or a settlement conference.** Many courts send cases to mediation before trial, and some cases settle there.
7. **Trial.** A jury, or a judge in a bench trial, hears the evidence and decides fault and damages. The losing side may ask for a new trial or appeal.

### What happens in discovery

Discovery is how each side learns what the other knows. It usually includes:

- **Interrogatories**, written questions answered under oath. In federal court a party may send up to 25 without permission, and answers are due within 30 days.
- **Requests for documents**, such as medical records, photos, phone records and repair estimates.
- **Depositions**, where witnesses answer questions under oath in front of a court reporter. Our guide to [depositions](https://accidentclaimfacts.com/claim-process/deposition/) explains what to expect.
- **A medical examination** by a doctor chosen by the defense, in many injury cases.

## How often cases reach trial

Trials are rare. A federal Bureau of Justice Statistics study of state courts found that only about 4% of tort cases, the category that includes car accidents, ended in a bench or jury trial in 2005. Across tort, contract and real property cases, the figure was 3%.

Car accidents still make up most of the trials that do happen: nearly 60% of the tort trials in the study were car accident cases. For those, the median time from filing to verdict or judgment was 20.3 months for jury trials and 16.6 months for bench trials. These figures are from 2005 and describe only cases that went to trial, so treat them as a sense of scale, not a forecast.

## Small claims court for smaller claims

For a dispute about car repairs, a deductible or a rental bill, small claims court can be a simpler and cheaper option. The forms are short, hearings are informal, and people usually represent themselves. Each state sets its own limit:

| State | Small claims limit | Note |
|---|---|---|
| California | $12,500 for individuals | $6,250 for businesses; filing fee between $30 and $100 |
| Texas | $20,000 | Heard in justice court |
| New York City | $10,000 | Lower limits in other New York city, town and village courts |

Rules on lawyers differ too: in California, you can ask a lawyer for advice before court, but a lawyer cannot appear with you in court.

> **Example:** After a minor crash, the other driver's insurer refuses to pay for a bumper repair, saying fault is unclear. The car owner files a small claim against the other driver for the repair estimate and brings photos, the police report and two repair quotes to the hearing.

Small claims court suits property damage better than serious injuries, where the limits are low compared with medical costs. Rules on splitting one crash into separate claims vary, so before filing a small claim for car damage, check how it could affect a later injury claim. Winning also does not guarantee payment; collecting a judgment is up to you.

## What a lawsuit costs

A lawsuit costs more than a claim settled with an insurer, in money and in time. Typical costs include:

- court filing fees and the cost of serving papers;
- court reporters and transcripts for depositions;
- copies of medical records and other documents;
- fees for expert witnesses, such as doctors or crash reconstruction specialists;
- mediator fees, often shared between the sides.

Courts can waive filing fees for people who cannot afford them. Most injury lawyers work on a [contingency fee](https://accidentclaimfacts.com/money/contingency-fees/), taking a percentage of any recovery, and many advance case costs. Whether you repay those costs if the case is lost depends on the written agreement, so read it closely. In the US, each side generally pays its own lawyer, win or lose.

## FAQ

### How long do I have to file a car accident lawsuit?

It depends on your state. For an adult's injury claim it is 2 years in Texas, 3 years in New York and 1 year in Tennessee, for example. Claims involving children or government vehicles can follow different rules, so check your state's guide.

### Does filing a lawsuit mean my case will go to trial?

No. Most lawsuits end without a trial, many of them through a settlement after discovery or mediation. In the federal study of state courts, only about 4% of tort cases ended in a trial.

### Do I sue the other driver or their insurance company?

Usually the driver, and sometimes the vehicle's owner or the driver's employer. The driver's insurer normally provides the defense lawyer and pays any settlement or judgment up to the policy limits.

### Can I take a car accident claim to small claims court?

Yes, if the amount is within your state's limit, which is $12,500 for individuals in California and $20,000 in Texas. It suits smaller property damage claims best.

### How long does a car accident lawsuit take?

It varies with the court and the case. For car accident cases that reached a jury verdict in a federal study, the median time from filing was 20.3 months. Cases that settle can end sooner or later than that.

### What happens if the defendant does not respond to the lawsuit?

The plaintiff can ask the court for a default judgment. In federal court, an answer is due 21 days after service; state courts set their own deadlines.

## Sources

- [Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005](https://bjs.ojp.gov/redirect-legacy/content/pub/pdf/tbjtsc05.pdf) — trial share and time from filing to verdict
- [Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005](https://bjs.ojp.gov/redirect-legacy/content/pub/pdf/cbjtsc05.pdf) — trials across civil case types
- [Cornell LII, Federal Rules of Civil Procedure, Rule 4](https://www.law.cornell.edu/rules/frcp/rule_4) — service of the summons and complaint
- [Cornell LII, Federal Rules of Civil Procedure, Rule 12](https://www.law.cornell.edu/rules/frcp/rule_12) — time to answer
- [Cornell LII, Federal Rules of Civil Procedure, Rule 33](https://www.law.cornell.edu/rules/frcp/rule_33) — interrogatories
- [Cornell LII, Federal Rules of Civil Procedure, Rule 55](https://www.law.cornell.edu/rules/frcp/rule_55) — default and default judgment
- [Judicial Branch of California, Small claims basics](https://selfhelp.courts.ca.gov/small-claims-basics) — limits, fees and lawyers in small claims
- [Supreme Court of Texas, Texas Rules of Civil Procedure](https://txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf) — small claims cases in justice court
- [New York State Unified Court System, CourtHelp: Small Claims](https://nycourts.gov/courthelp/SmallClaims) — New York small claims limits
- [Texas Legislature, Civil Practice and Remedies Code § 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026
- [New York State Senate, CPLR 214](https://www.nysenate.gov/legislation/laws/CVP/214), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/), checked October 29, 2026
- [Maine Legislature, 14 M.R.S. § 752](https://www.legislature.maine.gov/statutes/14/title14sec752.html), checked October 29, 2026
- [Texas Legislature, Government Code § 27.031(a)(1)](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.27.htm), checked October 29, 2026
- [California Legislature, Code of Civil Procedure § 335.1](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 95.11(5)(a)](https://www.flsenate.gov/Laws/Statutes/2026/95.11), checked October 29, 2026
- [U.S. Code (GPO), 28 U.S.C. § 2401(b)](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap161-sec2401.htm), checked October 29, 2026
- [NAIC, Unfair Property/Casualty Claims Settlement Practices Model Regulation (Model 902), Sec. 7D](https://content.naic.org:443/sites/default/files/model-law-902.pdf), checked July 1, 1997