Glossary
Statute of limitations
The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is.
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. Pausing the limitations clock, for example while the injured person is a child. Glossary.
Find your state's deadlines with the deadline lookup or in the state guides, and see filing a lawsuit for what happens next.
Example#
Related terms#
Questions people ask
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 — meaning and when the period may start
- United States Courts, Glossary of legal terms — the time within which a lawsuit must be filed
- Texas Legislature, Civil Practice and Remedies Code § 16.003(a) — as of October 2026
- New York State Senate, CPLR 214 — as of October 2026
- California Legislature, Code of Civil Procedure § 335.1 — as of October 2026
- California Legislature, Code of Civil Procedure § 338(c)(1) — as of October 2026
- NAIC, Unfair Property/Casualty Claims Settlement Practices Model Regulation (Model 902), Sec. 7D — as of July 1997
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
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