Insurance claim statute of limitations by state: avoid missed deadlines that could cost you thousands

Missing the statute of limitations on a car-insurance-related claim can wipe out your right to recover medical bills, lost wages, repair costs, and pain-and-suffering — often costing victims tens of thousands (or more). This ultimate guide walks through what statutes of limitations are, how no-fault vs. fault regimes change your claim path, state-by-state deadlines (personal injury and property damage), critical exceptions (tolling, minors, government claims), and practical, state-aware steps to protect and maximize your recovery.

Quick navigation

What is a statute of limitations — quick primer
How fault vs no-fault (PIP) regimes change deadlines and choices
State-by-state statute-of-limitations reference (personal injury & property damage)
Deep dives: Florida, Michigan, New York (PIP & deadline traps)
Special rules: government defendants, minors, discovery rule, tolling
Practical timeline & checklist after a crash (what to do, when)
Negotiation, dispute and evidence strategies by state type
Expert tips, common mistakes, and a one-page action plan
Internal resources for deeper reading

Table of Contents

What is a statute of limitations — the quick primer

A statute of limitations is a state law that sets the maximum time after an event (like a car crash) when you can file a civil lawsuit. If you miss it, a court will almost always dismiss your case and you lose the right to sue.
Typical windows in the U.S. for car/crash claims:
- Personal injury (bodily injury): most states are 2–3 years, with notable exceptions ranging from 1 year (some states) to 6 years (a few states).
- Property damage (vehicle damage): commonly 2–4 years; some states treat PD differently from bodily injury.
Because these deadlines vary and sometimes changed in recent years, you must treat your state’s deadline as binding and act early to preserve claims. (nolo.com)

Why this matters financially: a missed two- or three‑year window can convert a recoverable $50k–$200k loss into zero. Insurance adjusters know the deadlines — filing and evidence preservation timing matters in negotiations and litigation.

How state law (no-fault vs fault regimes) changes the path — and the deadlines

Two major claim systems in the U.S. influence where you file, who pays first, and when you may sue:

Fault (tort) states: the at-fault driver’s liability insurer typically pays the injured party’s medical bills, lost wages, and other damages after a successful claim or settlement. Statute-of-limitations windows for a lawsuit follow each state’s tort rules.
No-fault (PIP) states: injured motorists first file with their own insurer for Personal Injury Protection (PIP) benefits (medical bills, limited wage loss, essential services), regardless of fault. No-fault states also impose thresholds (monetary or verbal/severe-injury) that determine when you can step outside no-fault and sue the at-fault driver for pain-and-suffering. The PIP claim timing, and statutory suit windows, are still governed by state law and often impose short administrative timeframes for benefit claims and subrogation rules. (dmv.org)

Which states are no-fault / PIP today?

The established list of no-fault states (states that require PIP or operate a no-fault system) includes: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. (Some states are “choice no-fault” or have PIP add-on rules.) (dmv.org)

Impacts on deadlines and strategy:

In no-fault states you usually must file PIP claims quickly (often within days to weeks for initial benefit claims) and you may be limited from suing for pain-and-suffering unless the injury meets the statutory threshold. That means PIP benefits and the statute of limitations interplay — know both. (compare.com)

State-by-state statute-of-limitations quick reference (personal injury & property damage)

Below is a practical, single-table reference of the most commonly used deadlines for car-accident related suits (personal injury / bodily injury and property damage). Use this as an at-a-glance starting point — always confirm against your state code or with an attorney because statutes, exceptions, or reforms may apply to your exact facts. Sources for the table: consolidated legal guides and state statute summaries. (nolo.com)

State	Personal injury (typical SOL)	Property damage (typical SOL)
Alabama	2 years	6 years
Alaska	2 years	6/2 yrs (real/personal)
Arizona	2 years	2 years
Arkansas	3 years	3 years
California	2 years	3 years
Colorado	2–3 years (varies)	3 years
Connecticut	2 years	2 years
Delaware	2 years	2 years
D.C.	3 years	3 years
Florida	2 years (recent reform for many negligence claims)	4 years (PD may differ)
Georgia	2 years	4 years
Hawaii	2 years	2 years
Idaho	2 years	3 years
Illinois	2 years	5 years
Indiana	2 years	2 years
Iowa	2 years	5 years
Kansas	2 years	2 years
Kentucky	2 years	2 years
Louisiana	1 year	1 year
Maine	6 years	6 years
Maryland	3 years	3 years
Massachusetts	3 years	3 years
Michigan	3 years	3 years
Minnesota	2 years	2 years
Mississippi	3 years	3 years
Missouri	5 years	5 years
Montana	3 years	3 years
Nebraska	4 years	4 years
Nevada	2 years	2 years
New Hampshire	3 years	3 years
New Jersey	2 years	6 years (contracts vary)
New Mexico	3 years	3 years
New York	3 years	3 years
North Carolina	3 years	3 years
North Dakota	6 years	6 years
Ohio	2 years	2 years
Oklahoma	2 years	2 years
Oregon	2 years	6 years (some PD longer)
Pennsylvania	2 years	2 years
Rhode Island	3 years	10 years (certain PD)
South Carolina	3 years	3 years
South Dakota	3 years	6 years (some PD)
Tennessee	1 year	3 years
Texas	2 years	2 years
Utah	4 years	4 years
Vermont	3 years	3 years
Virginia	2 years	2 years
Washington	3 years	3 years
West Virginia	2 years	2 years
Wisconsin	3 years	6 years (certain PD)
Wyoming	4 years	4 years

Notes:

This table condenses many nuances. Government defendant claims, wrongful death, medical malpractice, and contract/subrogation claims often have separate timelines or notice windows. (nolo.com)
A few states changed or clarified limits recently — Florida dramatically shortened many negligence SOLs in 2023; North Dakota and Maine are among the longest at 6 years. Always confirm before relying on a single table. (dhclaw.com)

State highlights and traps: Florida, Michigan, and New York (no-fault/PIP-heavy states)

These three are frequently litigated or special because of PIP, statutory thresholds, or recent reforms. If you live in one of them, read closely.

Florida — recent reforms created urgent new deadlines

What changed: Florida’s HB 837 (effective March 24, 2023) shortened the statute of limitations on many negligence actions related to personal injury to two years in many cases. The change reduced the historical 4‑year window for many car-accident suits; deceptive mixes of prior practice still cause confusion. If your crash occurred after the effective date, the two-year clock likely applies. (pencheffandfraley.com)
Practical traps:
- If your crash happened near the legislative effective date, check whether the old or new window applies.
- Wrongful-death and medical-malpractice claims have special rules and discovery exceptions.
- Claims against government entities require strict pre-suit notice rules under Fla. Stat. § 768.28 (180-day notice period to the state/agency in many cases). (dhclaw.com)
Tip: File or preserve suit well before two years if your injuries are still unfolding — insurers often delay payments and evidence decays.

Michigan — historic no-fault reform and PIP choice

Michigan passed major no-fault reform that took effect for policies issued/renewed after July 1, 2020. The law lets drivers choose among PIP medical coverage levels (including options other than unlimited), creates fee schedules, and changes how medical bills are paid and audited. The statute of limitations for injury suits remains largely consistent with state law (commonly 3 years for tort actions), but the PIP system and choice-of-coverage rules profoundly affect recoveries and whether you can sue for non-economic damages. (michigan.gov)
Practical traps:
- Choosing reduced PIP to save premium can limit coverage of long-term care or shift costs to health insurance — read the choices carefully.
- Michigan’s definition of “household resident” and disclosure requirements can affect coverage eligibility; misstatements on the policy have led to denials in some cases. (michigan.gov)
Tip: If you’re in Michigan, keep all policy election paperwork and renewal notices. If your insurer denied PIP because of undisclosed household members, consult counsel quickly.

New York — no-fault PIP claim timing + municipal notice rules

New York personal injury and property-damage suits from collisions generally must be started within three years from the accident date (CPLR § 214). However, New York No-Fault (PIP) rules impose early administrative timelines: you are typically expected to submit a No-Fault application promptly (insureds commonly submit within 30 days), and there are special notice periods for suits against municipalities (90 days notice plus other limits). (1800nynylaw.com)
Practical traps:
- Municipalities: if the crash involves a city or county vehicle, a strict notice of claim often must be filed within 90 days and suit timelines are shorter or procedural — missing municipal notice can be fatal. (orlowlaw.com)
Tip: For NY PIP claims, document medical expenses and file No-Fault paperwork immediately to ensure benefits flow while you evaluate further legal options.

Special rules and exceptions you can’t ignore

Even if the headline SOL is 2 or 3 years, these exceptions dramatically affect the real deadline:

Discovery rule: in some states the clock begins when you discover (or reasonably should have discovered) the injury — common in latent-injury or malpractice-type contexts. This can extend the filing deadline, but courts apply this narrowly. (nolo.com)
Tolling for minors or disabled plaintiffs: most states pause (toll) the clock until a minor reaches adulthood or a plaintiff regains capacity. That can materially extend deadlines for child-injury claims. (rawle.com)
Government/municipal claims: claims against local or state entities often require pre‑suit notice (examples: Florida 180-day notice, New York 90-day notice) and have shortened suit windows; these notice rules are jurisdictionally crushing if ignored. (dhclaw.com)
Wrongful death vs survivor actions: wrongful death claims often have different timelines (e.g., New York wrongful death suit deadlines differ from the survivorship cause of action). Always check the separate statute. (rawle.com)
Contract/subrogation claims: if an insurer sues under contract or subrogation, different statutes (sometimes longer) may apply.
Statute of repose vs statute of limitations: some states have a repose that sets an absolute outer boundary regardless of discovery (less common in routine auto injury, more in specialized claims).

PIP-specific timing and practical steps in no-fault states

Immediate filing: In no-fault states you generally submit a PIP claim to your insurer soon after the accident with medical receipts and forms. Some states require initial PIP paperwork within days or weeks; others allow a longer time but evidence decays quickly. (compare.com)
Thresholds and stepping outside PIP: PIP typically covers economic loss; to sue for pain-and-suffering you usually must meet a state-specific threshold (e.g., serious/permanent injury, significant medical expenses, or verbal/severity tests). If you miss the threshold window or fail to document injuries, you may be unable to file a negligence lawsuit for non-economic damages. (compare.com)
Subrogation & lien issues: PIP and health insurers may place liens on recoveries; know how your state regulates subrogation and how liens affect net settlement amounts.

Practical timeline & checklist — immediate and before the statute runs out

A practical timeline that applies to most U.S. car-accident claims. Adjust for your state’s exact SOL and any PIP deadlines.

Day 0 — Crash:
- Call 911 if needed; get a police report; exchange insurance info.
- Photograph the scene, vehicle damage, injuries, road signs.
Day 0–7:
- Seek medical attention; follow up and document all care (medical records are evidence).
- Notify your insurer (often required by policy).
- In no-fault states, submit PIP forms and receipts immediately (some carriers require a written proof-of-loss quickly).
Day 7–30:
- Preserve evidence: keep repair estimates, receipts, and statements from witnesses.
- If a municipal vehicle is involved, check whether municipal notice deadlines apply (often 30–90 days).
- If in New York, remember No-Fault paperwork and the usual 30-day expectations for certain No-Fault applications. (g2law.com)
Month 1–6:
- Get a legal consult if injuries persist or if insurer denies PIP/coverage; demand letters and early negotiation often begin here.
- If liability is disputed or damages are serious, get counsel to preserve claims and consider litigation hold.
Month 6–Months/Years before SOL expires:
- If settlement is not reached and you still have recoverable damages, file suit before the statute-of-limitations deadline.
- If you are approaching the statutory deadline and still negotiating, your attorney may file a protective claim to avoid forfeiture of the right to sue.
If you’re a minor or were incapacitated at the time of the crash, ask about tolling — you may have longer windows.

Practical checklist (short):

Preserve police report and photos.
Get and save all medical records and bills.
Keep a journal of symptoms, doctor visits and missed work.
Notify insurers in writing; confirm receipt.
File PIP/no-fault claims immediately if required by your state.
Consult a lawyer early if injuries are significant or claim is denied.

Negotiation & dispute strategies — how the statute affects settlement leverage

Early medical documentation strengthens claims and preserves the ability to show the injury’s extent before buffers (healing, lost evidence) weaken your position.
If the SOL is approaching, a plaintiff who files a complaint gains negotiation leverage because the defendant must now litigate or negotiate under the Court’s schedule.
Demand letters before the SOL can produce settlements; a protective filing (lawsuit filed before SOL expires) preserves rights while keeping settlement doors open.
In no-fault states, PIP can be used to cover early medical costs while negotiating for extra-contractual damages if thresholds are met — document everything to show you exceeded statutory thresholds.
Use state consumer protection / insurance regulator contacts when insurers improperly deny timely claims or misapply policy terms. See: State regulatory tips: how to use local consumer protection rules to contest a low car insurance payout.

Comparative negligence and how fault allocation changes payouts and premiums

Many states apply comparative negligence rules (pure or modified). If you are partially at fault, your damages are reduced by your percentage of fault; in some states (modified comparative negligence), exceeding a fault threshold (e.g., 50% or 51%) bars recovery. This compounds the statutory-deadline risk: waiting to see how at-fault parties are assigned can be costly when the statute expires. (forbes.com)
Example: In a 3-year SOL state, a plaintiff who waits two years to file while recovering medical records risks losing evidence and weakening comparative-fault arguments — and if suit is filed late, recovery could be zero.

See: Comparative negligence and claims: how fault allocation changes payouts and premium impacts by state.

How your state’s total-loss and ACV rules intersect with SOL and negotiating strategies

If your car is totaled, property-damage claims usually have a different evidentiary and timing approach: get a formal total-loss valuation ASAP and keep all repair estimates / salvage records. Property-damage suits may have longer or different statutes in some states. (forbes.com)
If an insurer delays or undervalues an ACV offer, track the time — if you wait too long to contest, you may run into SOL problems or lose leverage. Early appraisal demand or a demand letter can put pressure on insurers while preserving rights.

See: How your state’s total-loss rules alter ACV calculations and negotiating strategies for fairer payouts.

Local claim strategies: adapting dispute, document and negotiation approach to your state’s laws

No-fault states: prioritize PIP paperwork and provider bills, understand the state’s threshold for suing, and manage subrogation liens. (Example resources: New York 30‑day No‑Fault expectations; Michigan PIP elections after 7/1/2020.) (g2law.com)
Short-SOL states (e.g., Tennessee = 1 year; Louisiana = 1 year): act immediately — get counsel within days if injuries are serious.
Long-SOL states (Maine, North Dakota = 6 years): still gather evidence early — witness memory/footage degrade quickly even if the statute seems generous.
Municipal-involved crashes: check municipal notice rules (NY 90 days, Florida 180 days, others vary) and follow them to the letter. (orlowlaw.com)

Common mistakes that drain value (and how to avoid them)

Waiting until you finish all medical treatment to file or demand: evidence and leverage fall. File protective pleadings or demand letters well before the SOL.
Failing to file required pre‑suit notices for claims against government entities — this is a frequent fatal mistake.
Not filing PIP claims promptly in no-fault states or misunderstanding the threshold that allows an additional action for non-economic damages.
Poor recordkeeping: missing medical bills, repair receipts, time-off records, or witness contacts weakens both negotiation and court claims.
Misunderstanding policy elections (Michigan PIP choices) or failing to notify the insurer of resident changes (Michigan household disclosure issues have led to denials).

When to hire a lawyer — and what to ask in your first meeting

Consider legal advice if:

You’ve got significant medical bills, surgery, long-term disability, or lost income.
The claim involves a government vehicle or third-party liability with deceptive insurer behavior.
The insurer denies PIP benefits or disputes coverage eligibility.
The statute-of-limitations is nearing and settlement talks are ongoing.

Questions to ask an attorney:

What is the statute of limitations for my injury/property damage claim in this state?
Are there any tolling or discovery rules that might extend the deadline?
Has my claim triggered any pre‑suit notice requirements (municipalities, government entities)?
Should we file a protective lawsuit now while negotiation continues?
How will medical liens or subrogation reduce my net recovery?

FAQ — short answers to frequent, high-stakes questions

Q: I missed the deadline — is there any rescue?
A: Occasionally you can argue equitable tolling (fraud, concealment) or mistake, but courts grant relief narrowly. If you missed your SOL, talk to an attorney immediately — some narrow exceptions might apply. (nolo.com)

Q: Does filing an insurance claim with the carrier stop the statute from running?
A: No. Filing an insurance claim with a carrier does not stop the statute-of-limitations for a lawsuit. If you need to sue, make sure you file in court before the SOL expires, even while claims negotiations continue.

Q: I live in a no-fault state — why did my insurer refuse PIP?
A: Common PIP denials: late filing, incomplete documentation, household-disclosure issues (especially in Michigan), or coverage election choices. If denied, appeal with the insurer, preserve appeals paperwork, and consult your state regulator or counsel. (kiplinger.com)

One‑page action plan (immediately after a serious crash)

Safety & records: emergency care, police report, photos, witness info.
Medical: immediate treatment + consistent care; keep all records and receipts.
Notice: notify your insurer in writing and file PIP/no-fault paperwork (if applicable) within your state’s required timeframe.
Preserve evidence and request a copy of the police report.
Consult an attorney early if injuries are serious, if insurer denies coverage, or if government defendants are involved.
If negotiation stalls and the SOL is near, file a protective complaint before the deadline to preserve rights.
Track all bills/records and notify your employer of missed work.

Useful regulatory & consumer resources

State insurance department website (search “[your state] department of insurance”) — file complaints or ask about state-specific PIP and statute questions.
State statutes and CPLR/Code sections — always the final word on timing, tolling, and special procedural rules.
Local personal injury counsel experienced in auto claims and your state’s PIP/no-fault rules.

Related deep-dive resources from this cluster (read next)

Final expert takeaway

Statutes of limitations are unforgiving. The difference between filing on time or missing the deadline can be the difference between recovering thousands (or hundreds of thousands) and recovering nothing. Because the interplay between no-fault PIP rules, special municipal notice requirements, discovery rules, and state-specific reforms is complex and evolving, treat deadlines as legal hard lines — document aggressively, file PIP/no-fault claims quickly, and consult counsel early if your injuries are significant or if any defendant is a government entity.

Key sources and further reading (sample of authoritative references used above): consolidated statute charts and state-code summaries, practical expert analysis on Florida’s 2023 reforms, Michigan’s no-fault reform resources, and No‑Fault state listings. (nolo.com)

If you want, I can:

Produce a printable one‑page timeline customized to your state (enter your state and accident date).
Create a downloadable checklist or a sample protective demand/complaint timeline for your insurer and court.
Which would you prefer?