# Statute of limitations > The statute of limitations sets the last day to file a lawsuit. Miss it and a court will usually dismiss the case. How the deadline works after a crash. Canonical page: https://accidentclaimfacts.com/glossary/statute-of-limitations/ 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 statute of limitations is the law that sets the last day to file a lawsuit. If the deadline passes, a court will usually dismiss the case, however strong it is. The length depends on the state and the type of claim. ## In a car accident claim The clock usually starts on the day of the crash. For injury claims, the deadline is 2 years in Texas and 3 years in New York, for example, and wrongful death claims often have their own period, which may start on the date of death. Claims against a government can have much shorter notice deadlines. The deadline is for filing a lawsuit, not for settling. Talks with an insurer do not stop the clock, so a claim that is still open as the date nears may need a lawsuit filed to protect it. Under a model rule many states draw on, an insurer should give a claimant without a lawyer written notice at least 60 days before the deadline runs out, but state rules vary. In some situations the clock can be paused, which is called tolling. Find your state's deadlines with the [deadline lookup](https://accidentclaimfacts.com/tools/) or in the [state guides](https://accidentclaimfacts.com/location/), and see [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/) for what happens next. ## Example > **Example:** A driver injured in Texas spends many months negotiating with the other driver's insurer, and the talks stall. The Texas deadline of 2 years is close. Because negotiation does not pause the clock, a lawsuit is filed shortly before the deadline to keep the claim alive, and talks continue while the case is pending. ## Related terms - [Tolling](https://accidentclaimfacts.com/glossary/tolling/) - [Notice of claim](https://accidentclaimfacts.com/glossary/notice-of-claim/) - [Complaint](https://accidentclaimfacts.com/glossary/complaint/) - [Service of process](https://accidentclaimfacts.com/glossary/service-of-process/) ## FAQ ### Does the statute of limitations apply to insurance claims? The statute of limitations applies to lawsuits. Your own policy may set separate time limits for reporting a crash or filing certain claims, so those deadlines are worth checking too. ### Is the deadline the same for property damage? Not always. In Texas, both are 2 years. In California, injury claims have 2 years and vehicle damage claims 3 years. Your state's guide lists both. ## Sources - [Cornell Law School, Legal Information Institute, Statute of limitations](https://www.law.cornell.edu/wex/statute_of_limitations) — meaning and when the period may start - [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — the time within which a lawsuit must be filed - [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 - [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 - [California Legislature, Code of Civil Procedure § 338(c)(1)](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-338), 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