# How long after car accident can you claim injury?

URL: https://mywreckcheck.com/motor-vehicle-accident/how-long-after-car-accident-can-you-claim-injury
Updated: 2026-10-26
Review: Reviewed by My Wreck Check Editorial Team, editorial review: primary sources checked and independently fact-checked

How long after car accident can you claim injury? Three clocks apply: insurer notice, the lawsuit deadline and government notice. Real state rules, cited.

How long after car accident can you claim injury? There's no single answer, because more than one clock starts at the crash. Your insurer wants notice quickly, your state sets a deadline to file an injury lawsuit (two years in Texas, three in New York, one in Tennessee), and a claim against a government body can need written notice within months. Whichever of those applies to you and runs out first is the one to watch.

- Several deadlines run at once: notice to an insurer, any no-fault or PIP window, the lawsuit deadline and, if a public body is involved, a notice-of-claim deadline.
- In Florida, PIP pays medical benefits only if you get initial care within 14 days after the crash, and it caps reimbursement at $2,500 if a provider finds no emergency medical condition.
- In New York, written no-fault notice is due no more than 30 days after the accident unless you can justify the delay in writing.
- Lawsuit deadlines differ by state: two years in Texas and Florida, three in New York, one in Tennessee (two in some criminal-prosecution cases).
- Claims against government come with their own rules: two years to present a claim to a federal agency, six months for notice to a Texas governmental unit, 90 days in New York where its notice-of-claim law applies.

## How long after car accident can you claim injury: the clocks that run

An injury claim often starts with an insurer, and it may or may not end up in court. Each stage has its own time limit, and they don't count from the same moment or run the same length. When people ask how long after car accident can you claim injury, they usually mean one of three things:

1. Telling an insurer: your own company, the other driver's, or a no-fault (PIP) carrier.
2. Filing a lawsuit, which runs on the statute of limitations: the time limit a state sets for bringing an injury suit.
3. Notifying a government body, if a city bus, a state truck or a federal vehicle was involved.

If you're not sure who pays first in your state, the pillar guide on [how a car accident claim works](https://mywreckcheck.com/motor-vehicle-accident/car-accident-claim) explains first-party and third-party claims.

## Clock one: telling your insurer, and PIP windows

The NAIC's advice on filing is short: "call the phone number on your proof-of-insurance card as soon as possible" ([NAIC](https://content.naic.org/article/what-you-should-know-about-filing-auto-claim)). Your policy may set its own notice terms, and it's the document to check for them.

Some states put hard numbers on the no-fault side.

In Florida, under [Florida Statutes 627.736](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html), PIP medical benefits cover 80 percent of reasonable expenses for medically necessary care "if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident." Those initial services must come from the providers the statute lists, such as a licensed physician, dentist, chiropractic physician or advanced practice registered nurse, a hospital, or an emergency transportation provider. Being seen within 14 days doesn't settle the amount, though. That depends on what a provider finds:

- reimbursement goes up to $10,000 if a listed physician, dentist, physician assistant or advanced practice registered nurse determined you had an emergency medical condition;
- it "is limited to $2,500" if a listed provider determines you did not have one.

The statute's overall PIP limit is $10,000 in medical and disability benefits, plus $5,000 in death benefits.

In New York, the [Department of Financial Services](https://www.dfs.ny.gov/consumers/auto_insurance/nofault_faqs) says no-fault notice must be given "as soon as reasonably practicable, but in no event more than 30 days after the date of the accident." Its example: for a January 1 accident, notice "must be mailed or submitted to the insurer no later than January 31." A late notice can still be accepted if you submit written proof giving "clear and reasonable justification" for missing the deadline. The same regulation change set 45 days to submit medical bills and 90 days for lost wage claims. The department's page doesn't say when those two periods start counting, so the insurer is the one to ask.

Whether your state runs a no-fault system at all decides whether a PIP window applies to you.

Tool: [Is my state a no-fault state?](https://mywreckcheck.com/motor-vehicle-accident/tools/no-fault-coverage-checker). Whether your state runs no-fault or at-fault, what PIP pays, and the minimum liability limits behind the other driver.

## Clock two: the deadline to file an injury lawsuit

The statute of limitations is the outer limit for taking an injury claim to court, and it differs from state to state. Four examples, each from the statute itself:

| State | Deadline for an injury suit | Statute |
| --- | --- | --- |
| Texas | 2 years after the claim accrues | [Tex. Civ. Prac. & Rem. Code 16.003](https://tcss.legis.texas.gov/resources/CP/htm/CP.16.htm) |
| Florida | 2 years for "an action founded on negligence" | [Fla. Stat. 95.11(5)(a)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html) |
| New York | 3 years for personal injury, with listed exceptions | [N.Y. CPLR 214(5)](https://www.nysenate.gov/legislation/laws/CVP/214) |
| Tennessee | 1 year, or 2 years in some criminal-prosecution cases | [Tenn. Code Ann. 28-3-104](https://codes.findlaw.com/tn/title-28-limitation-of-actions/tn-code-sect-28-3-104/) |

What the statute text adds:

- Texas requires suit for personal injury "not later than two years after the day the cause of action accrues." For an injury resulting in death, the statute says the cause of action "accrues on the death of the injured person."
- New York lists personal injury among the actions that "must be commenced within three years," except as provided in sections 214-b, 214-c, 214-i and 215.
- Tennessee gives one year for "injuries to the person." The two-year version applies only when criminal charges are brought against someone alleged to have caused or contributed to the injury, the conduct is the subject of a criminal prosecution started within one year, and the injured person sues the party who was prosecuted.

So, how long after car accident can you claim injury in court? In Tennessee the answer can be one year. These statutes also carry exceptions: Texas's section opens by pointing to sections 16.010, 16.0031 and 16.0045, and New York's subdivision 5 to four other sections (214-b, 214-c, 214-i and 215). Only a lawyer licensed in your state can tell you which ones fit your facts. Talking to an adjuster is a separate step from filing suit. Whether anything pauses or extends your filing date is a question for that lawyer too.

Tool: [Claim deadline checker](https://mywreckcheck.com/motor-vehicle-accident/tools/claim-deadline-checker). How long you have to file in your state, and the much shorter notice deadline if a government vehicle was involved.

## Clock three: claims against a government vehicle or body

If a government vehicle or a public body was involved, a notice requirement can come long before the ordinary lawsuit deadline. The rules differ by government:

- Federal vehicles: under [28 U.S.C. 2401(b)](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap161-sec2401.htm), a tort claim against the United States "shall be forever barred unless it is presented in writing" to the appropriate federal agency within two years after it accrues, or unless suit is filed within six months after the agency mails notice of final denial. Under [28 U.S.C. 2675(a)](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap171-sec2675.htm), you can't sue until the claim has first been presented to the agency and denied. If the agency doesn't finally dispose of it within six months, you may treat that as a denial.
- Texas: the [Texas Tort Claims Act](https://tcss.legis.texas.gov/resources/CP/htm/CP.101.htm) says a governmental unit "is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred." The notice must describe the injury, the time and place, and the incident. City charter notice periods "permitted by law" are also ratified, and the notice rules don't apply if the governmental unit has actual notice of the death, injury or property damage.
- New York: where a notice of claim is required before suing a public corporation, [General Municipal Law 50-e](https://www.nysenate.gov/legislation/laws/GMU/50-E) says it must be served "within ninety days after the claim arises." A court "may extend the time" at its discretion, but the extension "shall not exceed the time limited for the commencement of an action."
- Florida: [Florida Statutes 768.28(6)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html) bars a suit against the state or its agencies or subdivisions unless the claim is presented in writing to the agency, and, except for claims against a municipality, county or the Florida Space Authority, to the Department of Financial Services, within 3 years after the claim accrues, and the agency or the Department of Financial Services has denied it in writing. For wrongful death, it must reach the Department of Financial Services within 2 years.

**Notice is not the same as filing suit**
A notice of claim to a government body is a separate step from the lawsuit itself, and each has its own deadline. Under the federal rule, a claim not presented in writing in time is "forever barred." If a public vehicle or road was involved, ask a licensed attorney in your state which rules apply.

## Why the clock may not start on the crash date

These statutes count from when a claim "accrues," or from when it "arises," not always from the crash. Texas shows the difference for a death claim, where the clock starts at the death. Florida's PIP window runs from the accident itself, and New York's no-fault notice counts from the date of the accident. Because the start points differ, two deadlines that look the same length can end on different days. Note the crash date and keep every record, then have a professional confirm the dates that apply to you.

The guide on [what to do after a crash that was not your fault](https://mywreckcheck.com/motor-vehicle-accident/what-to-do-after-a-crash-that-was-not-your-fault) covers the records worth keeping in those first days, and the guide on [what a car accident settlement covers](https://mywreckcheck.com/motor-vehicle-accident/car-accident-settlement) explains what the claim is eventually about.

## Your options, from least to most involved

Deadlines are one question. How to handle the claim is another. These routes start with the one that asks least of you.

**Work out what it is worth first.** Good when: Always, and especially before you answer an adjuster. Watch out: A range is a starting point for a conversation, not a prediction of what you will get.

**Deal with the insurer yourself.** Good when: Nobody was hurt, or you were checked out and the bills are small and finished. Watch out: Once you sign a release the claim is closed for good, even if you feel worse later.

**Use the free help your state already offers.** Good when: You want a lawyer's read but cannot pay, or you only need one question answered. Watch out: Legal aid has income limits and a bar referral service usually charges a small consultation fee.

**Get a free case review from an injury firm.** Good when: You are still treating, you missed real work, fault is disputed, or a commercial vehicle was involved. Watch out: Injury firms work on contingency and take a percentage, commonly a third, plus case costs. Ask for the number in writing before you sign.

If you're weighing whether to bring someone in, [do you actually need a lawyer after a crash?](https://mywreckcheck.com/motor-vehicle-accident/do-you-actually-need-a-lawyer-after-a-crash) sets out where that line usually falls. For any deadline question about your own claim, a licensed attorney in your state is the person to ask.

## Bottom line

There's no single answer to how long after car accident can you claim injury, because the insurer, the courts and any government body each run their own clock. Some of them are far shorter than the same state's lawsuit deadline: Florida's 14-day PIP window, New York's 30-day no-fault notice and 90-day notice of claim, and Texas's six-month notice to a governmental unit. Check your state's rules early and get a qualified professional to confirm the dates for your situation.

Start the Wreck Check: https://mywreckcheck.com/check

## Common questions

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

It depends on the state. Texas and Florida set two years for a personal injury or negligence suit, New York sets three years for personal injury, and Tennessee sets one year, or two years in some cases where the at-fault person is criminally prosecuted.

### Is there a deadline to see a doctor after a crash in Florida?

Florida's PIP statute pays medical benefits only if you get initial services and care within 14 days after the crash. How much it reimburses then depends on whether a physician, dentist, physician assistant or advanced practice registered nurse found an emergency medical condition: up to $10,000 if one did, and no more than $2,500 if a provider found there was none.

### How soon do I have to tell my insurer about the accident?

The NAIC says to call the number on your proof-of-insurance card as soon as possible. Some states also set a written deadline: in New York, no-fault notice is due no more than 30 days after the accident unless you give written proof of a clear and reasonable reason for the delay.

### What if a government vehicle hit me?

Separate notice rules apply, and they can come long before the lawsuit deadline. A claim against the United States must be presented in writing to the federal agency within two years, Texas says a governmental unit is entitled to notice within six months, and New York's notice-of-claim law sets 90 days where it applies.

### Does the clock always start on the day of the crash?

Not always. These statutes count from when the claim accrues, and Texas, for example, says a suit for injury resulting in death accrues on the date of death. A licensed attorney in your state can tell you when your clock started.

## Sources

- [Florida Statutes 627.736: Required personal injury protection benefits](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html)
- [Florida Statutes 95.11: Limitations other than for the recovery of real property](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html)
- [Texas Civil Practice and Remedies Code 16.003: Two-year limitations period](https://tcss.legis.texas.gov/resources/CP/htm/CP.16.htm)
- [New York CPLR 214: Actions to be commenced within three years](https://www.nysenate.gov/legislation/laws/CVP/214)
- [Tennessee Code Annotated 28-3-104 (FindLaw copy)](https://codes.findlaw.com/tn/title-28-limitation-of-actions/tn-code-sect-28-3-104/)
- [New York Department of Financial Services: Consumer FAQs about no-fault insurance](https://www.dfs.ny.gov/consumers/auto_insurance/nofault_faqs)
- [NAIC: What you should know about filing an auto claim](https://content.naic.org/article/what-you-should-know-about-filing-auto-claim)
- [28 U.S.C. 2401: Time for commencing action against United States](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap161-sec2401.htm)
- [28 U.S.C. 2675: Disposition by federal agency as prerequisite](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap171-sec2675.htm)
- [Texas Civil Practice and Remedies Code 101.101: Notice (Texas Tort Claims Act)](https://tcss.legis.texas.gov/resources/CP/htm/CP.101.htm)
- [New York General Municipal Law 50-e: Notice of claim](https://www.nysenate.gov/legislation/laws/GMU/50-E)
- [Florida Statutes 768.28: Waiver of sovereign immunity in tort actions](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html)