How long do I have to file after a car crash?
Deadlines are set by the state where the crash happened, not by a national rule. California gives two years for a personal injury lawsuit. Texas also uses two years from when the claim accrues. New York generally gives three years from the accident. Other states differ, and some claims have shorter notice rules. Check your state's statute before you wait.
On this page
People look for one national number. The statute of limitations is the law of the state where you would file, and some claims against a city or a state have a much shorter notice window.
California
Section 335.1 says: within two years, an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
The California Courts self-help page repeats that personal injury is two years from the injury, and it warns that the date can be hard to calculate. Property damage uses a different section and a three-year clock. Medical malpractice is outside 335.1.
Texas
Section 16.003 says a person must bring suit for personal injury not later than two years after the day the cause of action accrues. For injury that results in death, the cause of action accrues on the death of the injured person.
New York
CPLR 214 says an action to recover damages for a personal injury must be commenced within three years, except as provided in sections 214-b, 214-c, 214-i, and 215. The New York Courts timetable lists car accidents as three years from the date of the accident.
The 2026 motor-vehicle reforms did not change that three-year period. They did change who can recover and what counts as a serious injury. New York's 2026 car-crash lawsuit rules is the post that quotes those changes.
Shorter clocks
A lawsuit deadline is not the only clock. California also has a 10-day DMV report when anyone is injured or damage is over $1,000. Claims against a public entity often have a notice window measured in days. Your own policy can require prompt notice to the insurer. Missing a notice rule can close a claim even when the lawsuit statute has time left.
What to do in the first hours after a car crash is the order before anyone files. What if I was partly at fault? is the other limit that can cut a recovery inside those years.
Sources
Where our facts come from
- California Courts: Deadlines to sue someoneselfhelp.courts.ca.gov
- Texas Civil Practice and Remedies Code section 16.003statutes.capitol.texas.gov
Who wrote this page
- Written by
- Injury First Steps editorial staff. Who runs this site
- Licensed professional
- None. No personal injury attorney has checked this page.
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